Referral of a homeless applicant to another local authority

A local authority can refer an applicant to another local authority where any of the following three conditions for referral are met:[1]

• where the applicant has no local connection and a connection elsewhere

• up to five years after an out of borough placement

• in the two years after a private rented sector offer

Where one of three conditions for referral are met the local authority has the discretion whether or not to refer. The Code of Guidance advises that a local authority must not have a policy that extends to deciding in advance that in all cases where it can refer it will do so.[2]

The process for making a referral depends on whether it is a:

• referral at the relief duty stage

• referral at the main duty stage

An applicant can apply to any local authority they choose to. It is unlawful for an authority to refuse to accept an application on grounds that the applicant has no local connection with it.

Normal residence, employment, family associations and other special reasons can all allow an applicant to establish a local connection.

The decision to make enquiries into an applicant's local connection is discretionary.[3] A local authority does not have to refer an applicant with no local connection to another authority with which they have a local connection even if that is the express wish of the applicant.[4]

A referral on the basis of local connection can be made where the applicant or any person who might reasonably be expect to reside with them:[5]

• has no local connection with the local authority to which the application was made

• has a local connection with the other local authority

• will not be at risk of violence in the other authority’s area

Local connection in two or more areas

Under local connection rules, a referral cannot be made if the applicant has a local connection with the area to which an application is made, even if their links with a second authority’s area are ‘stronger’.

If there is no connection with the area in which the application was made, but there is a local connection with more than one other authority, then the strength of any links, along with the applicant's preference, should be taken into account when deciding to which authority to refer the applicant.[6]

Where a local authority placed an applicant in a second authority's area under a homelessness duty and the applicant subsequently makes a homelessness application to the second authority within five years of the placement, the second authority can refer the applicant back to the original authority.[7] This is regardless of whether the applicant has a local connection to either area.

A referral can be made even if there is a risk of violence in the area of the first local authority. However, a local, authority should take this account in exercising its discretion whether to refer to the second authority. Where a referral is made it is then the responsibility of the first authority to ensure that any accommodation it secures is suitable for the applicant.

An applicant who reapplies as homeless to a second authority within two years of having accepted a private rented sector (PRS) offer (in discharge of the first local authority's main housing duty) can be referred back to the first authority (who made the original PRS offer) if there is a no risk of violence in its area.[8] There is no requirement that the PRS accommodation was within the second authority’s area. This is regardless of whether the applicant has a local connection to either area.

The second authority receiving the repeated application must determine if the applicant is not intentionally homeless before making a local connection referral back to the first authority, and that decision is binding on the first authority and final. [9]

An applicant cannot be referred to a second authority under the local connection rules or on reapplication after private sector offer if they either:[10]

• would be at risk of domestic abuse in district of the second authority

• have experienced other violence in the second district and it is probable that returning would result in further violence

The applicant also cannot be referred if a person reasonably expected to reside with them would be at risk of domestic abuse or other violence.

They can be referred if they were placed in the area by another local authority within the last five years.

Domestic abuse has the meaning given by the Domestic Abuse Act 2021.[11] The same definition is used to establish whether a person is homeless due to domestic abuse.

’Violence’ is defined as:[12]

• violence from another person (other than domestic violence)

• threats of violence which are likely to be carried out

At the main duty stage a referral can be made:[13]

• under the local connection rules, to a local authority in England, Scotland or Wales

• when the out of borough placement or private rented sector offer conditions are met, to a local authority in England only (the required conditions cannot be met under the legislation governing Scottish or Welsh homelessness applications)

At the relief duty stage a referral can only be made to a local authority in England.[14]

The question whether the conditions for referral are met should be decided by agreement between the notifying authority and the notified authority.[15]

When a local authority makes a decision about local connection, it can refer to the guidelines set out in the 'Procedures for referrals of homeless applicants to another local authority' (commonly known as the Local Authority Agreement). The purpose of the guidelines is to avoid, and where necessary resolve, disputes between local authorities. The guidelines also stress that the agreement between various local authorities does not replace the duty of such authorities to treat each case on its merits.[16]

For applications made before 3 April 2018, referrals can only be made at the main housing duty stage.

The current Homelessness Code of Guidance was introduced on 3 April 2018 and the references here are to this Code.

For applications made before this date, the recommendations of the 2006 Code of Guidance should apply.