Priority need: pregnancy and homelessness

Pregnant, and homeless or at risk of it? You may have priority need for council help. Here is what that means, what the council must do, and how it connects to housing disrepair.

What is priority need?

Apply to a council as homeless, and it assesses you. Found unintentionally homeless, with a priority need? The council must provide suitable temporary accommodation, and in the end secure settled housing.

Priority need is the line between people the council fully owes housing to, and people it mostly owes advice.

Does pregnancy give priority need?

Yes. Under Part VII of the Housing Act 1996, a pregnant woman has priority need. It attaches to the pregnant person, however far along the pregnancy is.

No stage of pregnancy needs reaching. Pregnant and homeless? Apply to the council at once.

What if you have recently given birth?

A household with a dependent child also has priority need. Once the baby is born, the need carries on through the child, so the duty does not stop at the birth.

What does the council have to do?

If you have priority need and are unintentionally homeless, the council must:

1. Provide suitable interim accommodation while it investigates
2. Fully assess your housing situation
3. Where the full duty arises, offer accommodation or help you find settled housing

The accommodation must suit a pregnant person, or after the birth, a family with a baby. Overcrowded, damp or unsuitable places can be challenged.

What if my housing is making my pregnancy unsafe?

Serious disrepair, above all damp, mould, cold or structural trouble, is especially dangerous in pregnancy. Mould exposure is linked to breathing problems and other risks for pregnant women and newborns.

A landlord who left risky disrepair unfixed during your pregnancy may face a disrepair claim, on top of your homelessness rights.

What about bed and breakfast accommodation?

Councils must not keep pregnant women, or families with children, in bed and breakfast for more than six weeks (Homelessness (Suitability of Accommodation) (England) Order 2003). Past six weeks, you can challenge it.

What if the council refuses to accept I have priority need?

You can ask for a review of any homelessness decision, including one denying priority need, within 21 days of the decision letter. If the review fails, you can appeal to the county court on a point of law, again within 21 days.

When should I contact Support for Tenants?

Pregnant, in a home with damp, mould or disrepair? We check whether you may have a claim. If you do, we refer you to an SRA-regulated panel solicitor who gives legal advice and runs the case. No outcome is automatic; it depends on the facts and evidence.

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 189, Housing Act 1996 (priority need) (legislation.gov.uk)