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What you need to know about the process the Council goes through when you tell them you are homeless:

THIS PAGE HAS BEEN UPDATED TO REFLECT THE DUTIES UNDER THE HOMELESSNESS REDUCTION ACT 2017 WHICH CAME INTO FORCE ON THE 3RD APRIL 2018.

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Below is the process the Council you ‘apply to be homeless’ at, has to follow by law and it can take anything from 1 week to 4+ weeks to assess your housing eligibility, depending on your circumstances.
 

Local councils have a responsibility to provide temporary accommodation and help find long-term accommodation for some people who are homeless if they apply for help.

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(NOTE: THIS IS THE PROCESS FOR A SINGLE PERSON AGED 18+ OR MULTIPLE PEOPLE IN A FAMILY.)

 

They only have to help those who are:

eligible (see bottom of page);

AND

legally homeless or threatened with homelessness in the United Kingdom within 56 days (i.e. they have nowhere in the world where they can reasonably live).
NB: It used to be 28 days, however the Homelessness Reduction Act came into force on 3rd April 2018, increasing the duty to 56, to level with Wales.

AND

in priority need (because there is an eligible child, pregnant woman or vulnerable person in the household);

AND

are not intentionally homeless (for example, failing to pay rent or giving up a home where you reasonably could have lived);

AND

either:

  • have a local connection with the council’s area (such as work, previous residence or family members living there)

  • no connection with any area.

 

Note that in Wales, some councils may not apply the ‘intentionally homeless’ test.

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For those who ‘fail’ these tests, there may be some other help offered. For example:

  • councils have to ensure that housing advice is available free of charge to anyone in their district who needs it, whether they are eligible, in priority need, intentionally homeless or not

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  • under the Homelessness Reduction Act, councils are now obliged to secure free services to inform on preventing homelessness, securing accommodation, rights of those homeless or threatened with homelessness and what help is available to those whom are homeless or likely to become homeless and how to access that help.

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  • people who are not in priority need can still get some priority on the housing register

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  • people judged to be intentionally homeless must be offered a limited period in temporary accommodation

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  • people who have a local connection with another council’s area will be referred to that area for further help.

 

Applications for homelessness help can be made to any council in England and Wales, but you may be sent to the Local Authority which has a duty to assess you. If you are made to go to another Council, you may have to fund this yourself.

 

If the council has reason to believe that the applicant may be eligible, homeless and in priority need, they have to provide emergency accommodation while they investigate the case further.

 

If the case is an emergency, they will make arrangements to provide accommodation overnight or at weekends until offices open again to take the application. In an emergency, this service can be found by:

 

  • phoning the council’s central number

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  • contacting the local police

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  • in Wales, contacting Shelter Cymru on 0845 075 5005.

 

In most cases people wanting help from the council will need to provide evidence of identity of all in the household, of their immigration status and of where they have lived before.

 

ELIGIBILITY:

 

EEA (European Economic Area – the free movement of people within the EEA) nationals:

To be eligible for housing, EEA nationals must have a right to reside in the UK:

  • A right to reside can be gained by EEA workers and self-employed people.

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  • Other EEA nationals who are studying or self-sufficient may also be eligible in some circumstances but will have to pass the habitual residence test.

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  • Family members of eligible EEA nationals are usually eligible, even when they are not themselves EEA nationals.

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  • Some rights to reside, such as those for people looking for work who have never worked, or who have previously left the labour market, do not make people eligible.

 

People from outside the EEA:

Citizens of countries from outside the EEA are generally subject to immigration control and need permission to enter or remain in the UK. The eligibility rules for England say that only some people subject to immigration control are eligible:

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Most other people from outside Europe are not eligible for housing and homelessness help. Social services departments may be able to help some people (e.g. people with social care needs) get accommodation in emergencies. There are also special services for people fleeing domestic violence. There may also be some help available from charities for people who are homeless and destitute.

(Information taken from the Chartered Institute for Housing)

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