Out-of-area placement for homeless families: your rights

If your council cannot find suitable accommodation in the local area, it may offer you a home somewhere else. This is called an out-of-area placement. It is more common than many people realise and can happen to families placed in temporary accommodation, as well as to those being given a settled housing offer.

Here is when out-of-area placements happen, what the rules are, and what you can do if you want to challenge them.

When do out-of-area placements happen?

Out-of-area placements happen mainly in areas where housing demand is high and the council cannot source suitable affordable accommodation locally. London boroughs account for the largest number. Families can find themselves placed in a different part of London, in another region of England, or, in some cases, at significant distance from their original home.

Placements happen:

• In temporary accommodation while the council fulfils its homelessness duty
• When a council makes a final offer of private rented accommodation to end the main homelessness duty (a Private Rented Sector Offer)
• When a social housing allocation is made in a distant part of the borough or in another area

The legal framework

Under the Homelessness (Suitability of Accommodation) (England) Order 2012 and the Code of Guidance under the Housing Act 1996, councils must consider certain factors when placing families.

The key factors are:

• Affordability: the accommodation must be affordable for you. This takes into account all household income and essential outgoings.
• Disruption to employment: if you or a member of your household is in work, placement far away could affect that employment. The council must take this into account.
• Disruption to children's education: this is one of the most important factors. The council must avoid, where possible, disrupting children's education. A child in year 10 or 11 facing GCSEs or A-levels in a specific school should not routinely be uprooted.
• Medical needs: if a household member has a medical condition requiring treatment locally, the council must factor in access to that treatment.
• Support networks: proximity to family or carers providing essential support is a relevant consideration.
• Locality of the accommodation: the school run, public transport links, and access to local services all matter.

What does "suitability" mean in practice?

Councils are not required to find accommodation in your current area. But they must place you in accommodation that is suitable overall, taking the factors above into account. A placement that forces a family to travel three hours a day for school is unlikely to be suitable. A placement that removes a child from specialist education for a disability is almost certainly unsuitable.

Suitability is assessed at the point of offer, not just in theory. If circumstances change after an offer, for example, you discover a child has additional needs that require local provision, you can raise this.

The notice requirement

Before placing a household out-of-area, a council must give written notice of the placement. The notice should explain:

• The location
• That you have the right to request a suitability review

This notice requirement exists under the Localism Act 2011. Without it, a placement is procedurally deficient.

How to challenge an out-of-area placement

If you believe a placement is unsuitable, you can:

1. Request a suitability review: this is your formal right under s.202 of the Housing Act 1996. You must request it within 21 days of being notified of the decision. The council then reviews whether the accommodation is suitable.

2. Appeal to the county court: if the review upholds the placement decision, you can appeal to the county court on a point of law within 21 days of receiving the review decision.

3. Complain to the Local Government and Social Care Ombudsman: if the council failed to follow its own policies, breached the Code of Guidance, or acted unlawfully, you can complain to the Ombudsman.

Children's welfare and out-of-area placements

Local authorities placing families with children have duties under the Children Act 1989. Schools are required to accept pupils, but disruption to children's education is one of the clearest grounds for challenging a placement.

If your children are in school locally, particularly if they have SEN provision, EHCPs, or specialist support, gather evidence from the school before the review. A letter from the SENCO or form teacher explaining the impact of the move on a child's wellbeing and education is relevant evidence.

If you are already in out-of-area temporary accommodation

If you are already placed somewhere unsuitable and the council says you must stay there, you can still request a suitability review if you are within the 21-day window. If the window has passed, you may still be able to raise a fresh complaint or seek a review on the basis of changed circumstances.

Contact a housing solicitor or Citizens Advice for advice specific to your situation.

When should I contact Support for Tenants?

If you are in out-of-area temporary accommodation and your home has disrepair, damp, broken heating, structural problems, you may have a legal claim against the landlord even if that landlord is a private landlord sourced by the council.

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

• Section 208, Housing Act 1996 (out-of-area placements) (legislation.gov.uk)
• Section 210, Housing Act 1996 (suitability of accommodation) (legislation.gov.uk)