Local Connection
How do I know if I have a local connection?
- have resided in this area and for how many years you have lived there
- have some family connected to this area
- employed in the area
- are connected to the area for any special reason
I have lived in the area
The council will usually consider that you have a local connection if you have lived in the area for a total of six months out of the last 12 months, or three years out of the last five years.
You must have lived in the area by choice in order to have a local connection. You may not have a local connection if you have only lived in an area because you have been in the armed forces, in prison or in a hospital.
I've got relatives in the area
Councils will usually consider you to have a local connection with an area if you have close family who have lived in the area for at least five years. Close family includes parents, children, brothers or sisters. It may also include other family members if you have a very close relationship (for example if you were brought up by an aunt, uncle or grandparent).
I’m employed in the area
If you are employed in the area you should automatically be considered to have a local connection with that area. However, if your employment is of a casual nature, it may not be enough to establish a local connection. Employment doesn't have to be full time and self-employed people can have a local connection if they mainly work in the council's area.
Could I be connected for another reason?
You may be able to show you have a local connection for other special reasons. For instance, you may need to live in an area to receive specialist health care, or for religious reasons. If you think this is the case, get advice to see whether you could argue that you have a local connection.
Could I be passed to another area?
The council may say that a different council should help you if it has decided that you are homeless, eligable for assistance, in priority need and not intentionally homeless, but
- you don't have a local connection with the council's area and
- you have a local connection with another council's area and
- you are not at risk of violence in that area
If you don't want to be sent to another area you should explain the reasons why and ask the council not to do so when you make your application.
The council should make enquiries into your situation and decide whether you fit all the other criteria before it looks into whether you should be sent to another area. It may have a duty to provide Temporary Accomodation for you while it makes these enquiries
What will happen if I don't have a local connection?
If you don't have a local connection, the council has to look into whether you have a local connection with another council's area. If it decides that you do, it can only refer you to the council for that area if your household is not at risk of violence there (see below). However, the council doesn't have to send you to another area, even if it is allowed to. The council you applied to may still be willing to house you. If the council wants to refer you to another council, it has to inform you in writing. The letter must explain the reasons for the decision. It must also inform you that you have a right to request a review of the decision within 21 days.
What if I don't want to go to another area?
If you are referred to another area but you don't want to go, get advice immediately. An adviser can:
- check whether the council's decision was legally correct
- check whether you have a good case for getting the decision changed
- help with the review process
- help you to appeal further if your review is unsuccessful
- explain your alternative housing options
Free, independent advice is available from Housing Aid Centres, Citizens Advice Bureaux (CAB) or other local advice agencies. Use the Advice Services Directory to find details of agencies in your area.
What if the other council says it doesn't have to help me?
In some circumstances, councils may disagree about whether you should be sent from one area to another. If this happens, the council you applied to has to continue to help you until the disagreement is sorted out. It has to continue to provide you with accommodation until the council you are being referred to finds accommodation for you. It also has to continue to protect your personal belongings (if it is already doing so).
What if there's a risk of violence in the other area?
The council is not allowed to refer you to another area if anyone in your household is at risk of violence in that area. This includes violence from any person and threats of violence that are likely to be carried out. If you are in this situation, the council you applied to will have to help you unless you have a local connection with another area where your household is not at risk of violence.
The council should also not refer you to another area if you only have a local connection with the other area due to family connections and you don't want to be near your family.
What if I don't have a local connection anywhere?
If you don't have a local connection with any area at all, the council you originally applied to must help you.
What if I have a connection with more than one area?
If you have a local connection with more than one area the council should ask you where you'd prefer to go and take your preferences into account when deciding which area to refer you to.