Priority need of homeless veterans

A person has a priority need if they are vulnerable as a result of serving in the regular naval, military or air forces.[1]

A local authority must provide interim accommodation if it has reason to believe that a homeless person might have a priority need.

A homeless person is only owed the main housing duty under a homeless application if the authority is satisfied they have a priority need.

Find out more about local authority help for homeless veterans on Shelter Legal.

Who is a veteran?

The Homelessness Code of Guidance refers to former members of the armed forces as veterans.

A veteran is someone who served for at least one day in His Majesty’s Armed Forces (Regular or Reserve) or Merchant Mariners who have seen duty on legally defined military operations. [2] This means that veterans have already left service.

A person has a priority need if they are vulnerable due to service in the armed forces. A veteran may also have a priority need for other reasons, or for more than one reason.

A veteran might be vulnerable if they become homeless on discharge or at a later date.

Vulnerability due to service in the armed forces

The Homelessness Code of Guidance states local authorities might wish to consider the following factors when deciding whether the applicant is vulnerable:[3]

• the length of time spent in the armed forces

• the type of service, bearing in mind that active service may make it more difficult to cope with civilian life

• any time spent in a military hospital, which could indicate a serious health problem or post-traumatic stress

• whether HM Forces medical or welfare advisers have judged that an individual is vulnerable and issued a Medical History Release form giving a summary of the circumstances that caused the vulnerability

• the time that has lapsed since the applicant left the forces and whether the applicant has been able to obtain and maintain accommodation during that period

• any existing support networks, such as family or friends

Additional factors might also be relevant.

The local authority might need to inquire into whether HM Forces medical or welfare advisers have judged that the person is vulnerable and issued a Medical History Release form giving a summary of the circumstances that caused the vulnerability. It is for the local authority to decide whether the person is vulnerable for the purposes of a homeless application.

How vulnerability is assessed

The local authority must decide if, when homeless, the person would be significantly more vulnerable than an ordinary person would be if they became homeless.

Find out more about how vulnerability is assessed.

Other categories of priority need

A homeless veteran might also have a priority need for other reasons.

Some people automatically have a priority need, including people with children living with them, pregnant women, people fleeing domestic abuse and certain care leavers under 21.

Other people have a priority need if they are vulnerable due to:[4]

• old age

• mental illness or learning disability

• physical disability

• having been in care and aged over 21

• having been in prison

• fleeing violence or threats of violence

• some other special reason

Find out more about who has a priority need.

Combination of factors

A person may have a priority need because of a combination of factors.[5] For example, a person may be vulnerable because of time spent in the armed forces in combination with a physical or mental disability.

A local authority’s refusal to provide interim accommodation can only be challenged by judicial review. The person will need advice and representation from a solicitor. Challenging the refusal of interim accommodation through judicial review is in scope for legal aid.

A local authority must provide a decision in writing if it decides after its inquiries into the main housing duty that a person does not have a priority need. This decision can be challenged by an internal review. The request for a review must be made within 21 days of being notified of the decision.

Challenging a local authority through an internal review is in scope for legal aid.

The Homelessness Code of Guidance states that the principal responsibility for providing housing information and advice to service personnel lies with the armed forces up to the point of discharge.

Defence Transition Services has responsibility for delivering this. Some people who have served in the forces for a long period or who are medically discharged may be offered resettlement assistance.[6]

The Ministry of Defence is subject to the duty to refer in relation to members of the Royal Navy, the Royal Marines, the regular army and the Royal Air Force. It must make a referral to a local authority if the person consents and they are either homeless or threatened with homelessness.