Who houses? Homelessness, local connection and inter-authority referrals under Section 67 of The Housing Act 1985

Abstract

The associations representing local authorities in England, Wales and Scotland are currently considering revising the Local Authority Agreement on Procedures for Referrals of the Homeless, for only the second time in the 15 years since the document was originally adopted, and for the first time since 1979. The Agreement deals with the mechanism by which homeless persons who apply for housing to a local authority with which they have no “local connection” are referred to another authority, with which they do have such a connection and which should therefore more appropriately assist them with accommodation. Just over 1% of those accepted as homeless (or around 1,500 households per year in England) are recorded as having been referred in this way, and it is probable that many more are referred informally without being included in the statistics of the authority to which they first applied. Where local authorities disagree over referrals, there is provision for disputes to be resolved by independent Referees, whose decisions are published periodically by the London Boroughs Association in the form of a Digest. ‘The Referees’ decisions, together with the considerable number of reported cases in the area, form a body of jurisprudence worthy of analysis, and the proposed revision of the Local Authority Agreement provides a suitable occasion for a review of the operation of the referral procedures. After a brief summary of the relevant legislation this article will analyse the conditions for referral between authorities, the criteria for establishing local connection, and the procedures for referral and dispute resolution, in the light of the Code of Guidance, the Local Authority Agreement, reported case-law and decisions of the Referees.