1. The Duty to Refer
The Homelessness Reduction Act 2017 introduced a legal duty requiring specified public authorities to refer service users that may be homeless or threatened with homelessness within 56 days to Local Housing Authorities in England.
2. Specified Public Authorities
The following are all identified as specified public authorities in the Act:
- Hospitals
- Social Service Authorities
- Prisons (Public and Private)
- Youth Offender Institutes
- Secure Training Centres and Colleges
- Secretary of State for Defence
- Secure Colleges
- Job Centre Plus
- Accident and Emergency Departments
- Youth offender Teams
- Urgent Treatment Centres
- Probation Services
- Regular armed forces
North East authorities are willing to accept referrals from other agencies willing to participate but not listed by regulations.
3. Making a Referral
Obtain consent from the individual for the referral to be made and for their contact details to be shared.
Allow the individual to identify the housing authority in England which they would like the referral to be made to.
Please note that the referral itself does not constitute a homelessness application for assistance under Part 7 of the Housing Act 1996.
4. How to Refer
Each Local Authority website will have information relating to the Duty to Refer.
You can also find all Local Authority email addresses at www.gov.uk.
Local Authorities within the North East region have a standardised referral form and procedure which can be found on your nearest Local Authority website.
Duty to Refer – Middlesbrough Council
Duty to Refer – Stockton-on-Tees Borough Council
Duty to Refer – Redcar & Cleveland Borough Council
Duty to Refer – Hartlepool Borough Council
5. Local Connection
The individual may choose which Local Authority to be referred to but should be advised of the implications of being referred to an area where they have no local connection as, if homeless, they may then be referred on to another Local Authority (where they do have a connection).
Local connection requirements may be disregarded in cases where a person is fleeing violence or domestic abuse and is at risk in that area.
Someone is defined as having a local connection to an area if they have:
- Lived in that area for six of the last twelve months
- Lived in that area for three out of the last five years
- Been employed in that area on a permanent basis
- A strong family connection
The individual will not be able to rely on a period of time spent in a prison or in an institution in that local authority to give them a local connection.
6. Local Authority actions on receiving the referral
Once the referral has been submitted to the Local Authority they have 5 working days to respond, they will contact the individual and complete a homelessness assessment.
If the individual is homeless that night it is advisable to contact the Local Authority to notify them of this, after sending the referral, so they can contact the individual immediately.
7. Find out more about Homelessness and the Duty to Refer
- https://www.crisis.org.uk/
- https://www.legislation.gov.uk/ukpga/2017/13/contents/enacted
- https://england.shelter.org.uk/
Version: 2
Published: November 2020
Reviewed: June 2025