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CHAPTER 8 - LOCAL CONNECTION
8.1
Summary - this chapter defines "local
connection" and sets out local authorities' powers with
respect to applicants who are deemed not to have a local
connection.
8.2 In looking to provide sustainable housing solutions
for applicants it will generally be best for an application
to be dealt with by the local authority to which it is
made. Most homeless people apply to their local authority
for assistance and those who apply elsewhere generally have
a good reason for doing so. This chapter sets out guidance
on the operation of the local connection provision in the
1987 Act.
Local authorities' powers concerning local
connection
8.3 A local authority has a power, but not a duty, to
refer an applicant to another local authority in Scotland,
England and Wales if it thinks the applicant does not have
a local connection with it and does have a local connection
with another authority. In exercising its discretion a
local authority should take particular care to operate in a
non-discriminatory way.
8.4 Only applicants who are assessed as being in
priority need and unintentionally homeless may be referred
to another authority (section 33(1) of the 1987 Act).
8.5 The local authority which first receives the
application must carry out the inquiries into homelessness,
priority need and intentionality; and it will generally be
necessary to pursue questions about local connection only
if there is reason to suppose they will be relevant.
8.6 If the applicant, or any person who might reasonably
be expected to reside with the applicant, has a local
connection with the area of the local authority to which
the application is made, then the duty to secure permanent
accommodation will remain with that local authority. Even
if a case is referred to another authority on local
connection grounds, an applicant may be able to reapply to
the original local authority if circumstances change, for
example if he or she finds permanent employment in that
local authority's area. A local authority which accepts a
referral will be responsible for any further decisions or
inquiries relating to that application. However the
homelessness decision of the notifying authority cannot be
revised by the authority accepting the referral.
8.7 If the applicant has no previous local connection
anywhere in Scotland, England or Wales, the responsibility
for dealing with the application rests with the local
authority he or she applied to.
8.8 When an applicant does not have a local connection
with the authority applied to, but does have a local
connection with more than one other local authority, the
local authority receiving the application should weigh up
all the relevant factors in deciding which other local
authority to refer the application to. Relevant factors
should include the views of the applicant.
8.9 Where a local authority refers an application to
another local authority on the basis of local connection
the notifying authority is obliged, under section 34, to
secure that accommodation is available for the applicant's
occupation until the outcome of the referral is decided.
Local authorities should bear in mind the possibility that
transitional arrangements may be required when this duty
expires (
e.g. where the conditions for referral are
satisfied but the notified authority has not yet provided
accommodation or where the conditions are not accepted and
the notifying authority does not have permanent
accommodation available).
Domestic abuse
8.10 An applicant cannot be referred to another local
authority if there is a risk of domestic abuse, to either
the applicant or anyone who might reasonably be expected to
reside with him or her (section 33(2)(c)) in that other
local authority's area. The definition in the Protection
from Abuse (Scotland) Act 2001 applies. This sets out that
"abuse" includes violence, harassment, threatening conduct,
and any other conduct giving rise, or likely to give rise,
to physical or mental injury, fear, alarm or distress. A
person is at risk of abuse if that person runs the risk of
abuse from someone with whom they would otherwise
reasonably be expected to reside, or with whom they
formerly resided. (see paragraph 4.38 onwards in chapter
4).
Definition of local connection
8.11 Local connection is defined in section 27(1) of the
1987 Act as a connection which a person has with an
area:
- because he or she is or was in the past
normally resident in it, and this residence was of
his or her own choice; or
- because he or she is employed in it;
or
8.12 Normal residence might be taken as residence for at
least 6 months during the previous 12 months, or not less
than 3 years during the previous 5 years. Periods of
temporary residence of the applicant's own choice should be
taken into account in this calculation.
8.13 Employment or residence in a local authority area
because of service in the regular armed forces does not
establish a local connection, nor does detention under
statutory provision such as in a prison or mental health
institution. However, previous connection, for example
established before joining the forces, or through
subsequent family association should be taken into
account.
8.14 If an applicant is a former asylum seeker and has
been housed previously in
NASS (National Asylum Support Service)
accommodation, the applicant has not formed a local
connection with the relevant Local Authority in which the
NASS accommodation is situated (section
7 of the 2003 Act). This is because the applicant had no
element of choice as to where the
NASS accommodation was provided. (A
former asylum seeker may be subsequently eligible for
assistance under the homelessness legislation if they have
been granted leave to remain - see chapter 13 for more
details.)
- because of family associations; or
8.15 Family associations normally arise when an
applicant or other member of the household has family
members who have been resident in an area for at least 5
years. However, the residence of children in another local
authority should not be taken into account where there are
reasons, such as previous abuse for example, for not
placing children with one or both of their parents, in
which case their position may have to be considered
separately. Applicants should not be referred to another
local authority because of family associations if they
object.
- because of any special
circumstances.
8.16 Special circumstances might include, for example,
the need for continuing provision of education or health
treatment for a household member in a particular local
authority area; or where there is no current local
connection with any area, that the applicant was brought up
in an area or had lived there for a considerable time in
the past. The latter consideration may be particularly
relevant to persons who have lived abroad for some time, or
been serving with the armed forces. Local authorities
should treat applications from former members of the armed
forces sympathetically, particularly where they have no
real connection with another area.
8.17 There is no bar to a local authority making
arrangements for another local authority to take
responsibility for an applicant household, if this accords
with the wishes of the applicant. If an applicant who is
threatened with homelessness has a local connection
elsewhere, the local authority to which the application is
made should alert the other local authority at an early
stage, and seek an agreement in principle that the
responsibility for rehousing the applicant, if required,
should fall to that other local authority.
8.18 Alternatively a local authority may wish in some
circumstances to consider an out-placement in another
authority. (see paragraphs 9.83-9.86 in chapter 9)
Special cases
8.19 Local authorities should take account of changes in
employment patterns, for example the greater use of fixed
term contracts and part-time working. While casual
employment may or may not be regarded as establishing local
connection, depending on the individual circumstances,
temporary employment for a substantial period should be
considered. Part-time employment should be considered on
the same basis as full-time employment, and brief breaks in
employment in an area, for example between temporary
contracts, might be ignored. Where a person works in more
than one centre, regard should be had to the location of
their principal place of work, or to their main base for
travelling workers.
8.20 Local authorities should also take into account any
known risk of external violence to the applicant when
deciding whether to refer an application to another local
authority.
Arrangements in case of a dispute
8.21 Scottish Ministers have power to make a statutory
instrument setting out arrangements to establish if local
connection exists where the two local authorities cannot
agree. These arrangements may either be those agreed
directly between the two local authorities or under
procedures set out in agreements between local authority
associations in Scotland, England and Wales. The current
provisions are in the Homelessness (Decisions on Referrals)
Order 1998 (
SI 1998/1578) and the Allocation of
Housing and Homelessness (Review Procedures) Regulations
1999 (
SI 1999/71) for applications to English
and Welsh local authorities; and by the Homelessness
(Decisions on Referrals) (Scotland) Order 1998 (
SI 1998/1603) for applications to
Scottish local authorities.
8.22 Where the two local authorities cannot agree on
whether a local connection exists, the question shall be
decided by a person appointed by the two authorities.
However if no such person has been appointed within 21 days
of the notification that the opinion of the notifying
authority that there is a local connection the President of
COSLA (or the President's nominee), will
appoint a person from a standing panel to make a final and
binding decision on disputes between the local authorities.
For cross border disputes, the person deciding the dispute
is drawn from a panel appointed jointly by
COSLA and the other local authority
associations. There is also an agreement between the local
authority associations on referral procedures.
Future changes
8.23 Powers to modify use of local connection - to
ensure homeless people to have as much choice as possible,
including choice in respect of the Council to which they
apply - were introduced under the 2003 Act but have not
been commenced to date. Further guidance will be issued at
the point at which changes are brought into force.
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