Learning Briefing – Duty to Refer (Homelessness Reduction Act 2017)

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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.

Duty to Refer – Good Practice Checklist

1. Identification

✔ Have you identified that the person is homeless or threatened with homelessness within 56 days?

  • Being “threatened with homelessness” includes losing accommodation within 56 days, as set out under the Homelessness Reduction Act.
  • Homelessness includes situations where accommodation exists but is not reasonable to continue occupying.

2. Consent

✔ Have you explained what the Duty to Refer is and what it does?
✔ Have you obtained the person’s clear consent to share their information?
✔ Has the person chosen which local authority the referral should go to?
✔ Have they agreed for their contact details to be passed on?

3. Information to Gather Before Submitting

✔ Full name, DOB, and contact details
✔ Current accommodation situation and why it’s unsafe/ending
✔ Reason for homelessness or the identified risk
✔ Any risk or safeguarding concerns (domestic abuse, health issues, substance use, etc.)
✔ Agencies already involved
✔ Whether the person needs urgent follow‑up or has communication barriers

Providing adequate detail is important for effective triage.

4. Making the Referral

✔ Ensure consent is recorded
✔ Enter all relevant information, including risks
✔ Submit to the local authority chosen by the service user

5. Explain What Happens Next

✔ Tell the person the council will contact them to start an assessment
✔ Explain that a referral does not guarantee accommodation
✔ Encourage them to answer calls and engage with the authority

6. Record Keeping for organisations sending Duty to Refer to Local Authorities

✔ Have you recorded:

  • How homelessness risk was identified?
  • The person’s consent?
  • Where the referral was sent?
  • Any safeguarding information?

7. When NOT to use a Duty to Refer

✔ Do NOT submit a Duty to Refer if the person:

  • Does not consent
  • Is already being assisted by that authority
  • Is at immediate risk and needs emergency safeguarding (e.g. domestic abuse)
    ✔ Use emergency pathways instead of Duty to Refer where urgent accommodation is required.

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

Version: 3

Published: November 2020

Reviewed: March 2026