Local connection and homelessness: what it means and when it matters

If you apply to a council as homeless, the council may consider your "local connection" to the area. Local connection is relevant in two situations: when the council considers referring you to a different council, and when you apply for a place on the housing register. You will find out what counts as a local connection, how it can affect your homeless application, and what you can do if local connection is being used as a barrier.

What is local connection?

Local connection is a legal concept under the Housing Act 1996. You have a local connection to an area if:

• You normally reside there, or have done so in the recent past, usually meaning you have lived there for at least 6 months in the past 12, or for at least 3 of the last 5 years
• You are employed there
• You have close family living there, usually a parent, adult child, or sibling who has lived in the area for at least 5 years
• There are special circumstances, such as medical treatment that requires you to live in that area

A local connection to England as a whole is not sufficient, it must be to a specific council area.

Does local connection affect my right to get help when homeless?

Having a local connection to the council you are applying to is NOT a condition for getting emergency help. If you are homeless tonight and present to a council, they must make an initial assessment and provide interim accommodation if there is reason to believe you may be homeless, eligible, and in priority need, regardless of local connection.

Local connection becomes relevant at a later stage, when the council is deciding what to do about a main housing duty. If you do not have a local connection to the council you applied to, but you do have a local connection to another council in England, Wales, or Scotland, the applying council may refer you to that other council.

The referring council must first be satisfied that:

• You do not have a local connection to their area
• You do have a local connection to the other council's area
• There is no risk of domestic abuse or other violence if you are returned to that area

If there is a risk of domestic abuse in the area you have a connection to, the council cannot refer you there. This protection is absolute.

What if I have no local connection anywhere?

If you genuinely have no local connection to any council in England, Wales, or Scotland, the council you have applied to cannot refer you elsewhere. They must deal with the application themselves.

This can happen for people who have recently arrived in the UK, who have moved frequently, or who have been estranged from family in their area of origin. If this applies to you, make it clear in your application.

Local connection and the housing register

Councils can require a local connection to join their housing register (the waiting list for social housing). Unlike the homelessness duty, there is no national standard here, each council sets its own local connection criteria. Some councils have very restrictive criteria; others are more open.

If you are refused a place on the housing register because of local connection, you have the right to ask for a review of that decision. The council must consider whether its criteria are being applied correctly and whether they are lawful.

When is local connection used unfairly?

Local connection is sometimes used by councils to deflect applications without properly assessing them. This is unlawful. Common mistakes and unlawful practices include:

• Refusing to even accept an application because of a claimed lack of local connection (the council must accept and assess before any question of referral arises)
• Referring someone to another area where there is a risk of violence or abuse
• Applying local connection criteria that are unlawful or that discriminate on protected grounds
• Telling a homeless person to go to another council without following the proper referral procedure

If you believe local connection is being used to block you unfairly, put your objection in writing and ask for a formal review. You can also contact a housing adviser or the housing team at a law centre.

See our guide: /help-centre/challenging-a-section-184-homeless-decision.

Sources

• Section 199, Housing Act 1996 (local connection) (legislation.gov.uk)

Related articles

• Homeless or being evicted, what to do
• How to apply as homeless to the council
• Priority need, homeless, what counts
• Challenging a Section 184 homeless decision
• Intentionally homeless, how to challenge