Duty to refer: how public bodies must help homeless people

The duty to refer is a legal rule. It means some public bodies must tell the local council when they meet someone who is homeless. It also covers someone at risk of becoming homeless. On this page you will learn what the duty to refer means. You will learn which organisations it covers. You will also learn what happens when a referral is made.

Key facts

• Government figures show 42,640 households in England were owed a relief duty after being assessed as homeless in October to December 2025. Statutory homelessness in England, GOV.UK
• A further 33,630 households were owed a prevention duty after being assessed as threatened with homelessness in the same quarter. Statutory homelessness in England, GOV.UK

What is the duty to refer?

The duty to refer comes from the Homelessness Reduction Act 2017. It started in October 2018. It applies to certain public bodies in England. When they meet someone they think is homeless, or at risk of becoming homeless, they must act. They must ask that person if they want to be referred to the local housing authority, which is the council. If the person says yes, they must make the referral.

It does not matter why the person came to the public body. They may not have asked for housing help at all. The duty still applies. If a nurse, a prison officer, or a job centre worker sees that someone is homeless, the duty to refer starts.

Which organisations are required to refer?

These public bodies must follow the duty to refer:

• Social services, local authority children's and adult social care teams
• Jobcentre Plus, staff working with people claiming Universal Credit or other benefits
• Prisons, on release of a prisoner
• Youth offending teams
• Secure children's homes and young offender institutions
• NHS hospitals, including accident and emergency departments, inpatient ward staff, and community health services
• Doctors and other primary care
• Domestic violence services commissioned by local authorities

What does a referral involve?

A worker may see that someone seems homeless. They may also see that someone could become homeless within 56 days. When this happens, the worker must:

1. Tell the person that a referral can be made to the council
2. Ask for consent to make the referral, the person must agree
3. If the person agrees, submit a referral to the council that includes basic information including the person's name, contact details, and why the referral is being made

The referral should go to the housing authority for the area where the person is. It can also go to the area where they want to live.

What happens after the referral?

The council gets the referral. It should then contact the person. It will look at their situation and start to help with their homelessness. The referral does not promise a council home or any set type of housing. The council must still do its own assessment.

But the duty to refer still helps a lot. Some people do not know how to get housing support. This rule connects them with it. It does this at the point when a worker has already spotted a risk.

What if an organisation fails to make a referral?

A public body covered by the duty may fail to ask about a referral. Or it may fail to make one after the person agreed. This may mean it has not met its legal duties. You can raise this with the organisation's management. You may also be able to complain to the relevant regulator. If a council is involved, you can complain to the Local Government and Social Care Ombudsman.

Does the duty to refer help if I have been in a home with disrepair?

You may have left a privately rented home because of serious disrepair. Or you may have been forced to leave because the home was not safe to live in. The duty to refer means any worker you meet should help connect you with housing support.

There is a separate point too. You may have left a home because of disrepair. This can matter to a homelessness assessment. You left because it was not reasonable to keep living there. This may mean you are not found intentionally homeless.

When should I contact Support for Tenants?

You may be in a privately rented home with disrepair. Your landlord may not be fixing it. If so, call us. We can help with a housing disrepair claim, whatever your wider housing situation is.

Call us on 0800 030 4669. No upfront cost. You only pay if you win, and the fee comes out of the compensation, not your pocket. If you don't win, you pay nothing.

Sources

• Homelessness Reduction Act 2017 (legislation.gov.uk)
• Housing Act 1996, Part 7 (homelessness) (legislation.gov.uk)