When a young person makes a homelessness application, the council can in some circumstances refer them to another council. This page explains what happens when councils make a local connection referral.

What the law says

When should the local connection test be applied?

The law on local connection only becomes relevant when a council has made a decision that it has a full housing duty towards a young person.

Any attempt to avoid taking a homelessness application due to the young person not having a local connection is gatekeeping, and unlawful- please see the page on gatekeeping for more information. Similarly, any attempt to refer the young person to another council when a full duty has not been accepted will be unlawful.

When does a young person have a local connection?

A young person has a local connection with an area if they (or anyone who might reasonably be expected to live with them):

• are normally resident in the area (this must be residence of choice, and for at least six months of the previous 12, or three years of the previous five, and the relevant period will be up to the date of the decision, including any time spent in interim accommodation)
• are employed in the area (this will not include casual work or study, but can include part-time or voluntary work)
• have family associations in the area (family associations will usually be with parents or adult brothers or sisters, but can be with other relatives if the young person has a particularly close relationship with them)
• have other special circumstances that mean that they need to be in the area (for example, the young person needs to access medical or support services in the area that they cannot access in another area).

How does referral work?

When a full duty has been accepted, if the young person does not have a local connection with the council's area, the council can refer the applicant to another council where they do have a local connection.

It will then be for the two councils to decide which council discharges the full duty. The council will have to continue to provide accommodation until a decision is made as to which council has the duty.

If the two councils cannot agree as to which council has the duty, there is a dispute procedure to resolve this. If the young person does not agree with the referral (or, as the case may be, a decision not to refer) they can request a review of the decision.

Should a council always refer a young person if they don't have a local connection?

Referral is discretionary only; the council does not have to refer a young person if they do not have a local connection. Councils should also not refer a young person to another council if they:

• will be at risk of violence in the other council's area
• have no local connection anywhere (for example, because they have been in prison, which is not residence of choice)
• their only connection with the other authority is through family associations, but the young person does not want to be near their family (for example, because they are estranged from them).

Where a young person does not have a connection with the area, but has a connection with more than one other area, the council should discuss with them which area they would prefer to be referred to.

How can I help?

Challenge premature or unlawful referral

Most problems with local connection will occur where the local authority refuses to accept an application because the young person has no local connection. Please see the page on gatekeeping for more information on how to challenge this.

If the council has accepted a duty that is less than the full duty (for example, a temporary accommodation duty to an intentionally homeless young person), yet is trying to refer the young person, you can write to it to remind it that the local connection provisions only apply where a full duty has been accepted.

If it does not accept this, you can request a review, on behalf of the young person, of the council's discharge of its duty.

Request a review

If the referred to council accepts the referral, but the young person does not want to go to the other area, you can request a review of the decision to refer on their behalf. Any evidence of the young person's local connection (for example, a letter from their employer or proof of a close relative's address) should be enclosed with the request for the review or written submission.

Please see the page on homelessness reviews for more information on requesting a review. Note that the amount of time that the council will have to reach a decision is slightly longer in the case of a review of a decision to refer.