Homelessness: local connection guidance

Additonal guidance, in relation to the code of guidance chapter 7 for local authorities on local connection.

Legislative change to local connection rules

In November 2022, the rules on local connection were changed to allow people to apply as homeless to any council in Scotland.  The change was made to offer homeless households choice and control about where they live.  Local authorities in Scotland no longer have the power to refer an applicant to another local authority in Scotland on the basis of their local connection to the area.  The council can, in some cases, refer an applicant to a council in England or Wales if they have a local connection there.

Local authorities should continue to record information on local connection in their HL1 homelessness data returns. This data will be used to measure the impact of the legislative changes for homeless households, local authorities and other homelessness stakeholders.

Definition of local connection

​​​​​​​Local connection is defined in section 27(1) of the Housing (Scotland) Act 1987 as a connection 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
• because of family associations; or
• because of any special circumstances, for example, to get specialist health treatment.

If the applicant has no previous local connection anywhere in Scotland, England or Wales, the applicant cannot be referred to another council unless they agree to it.

Domestic abuse and threat of violence

​​​​​​​An applicant cannot be referred to another local authority in England and Wales if there is a risk of domestic abuse to either the applicant or anyone who might reasonably be expected to reside with them. Local authorities should take into account any known risk of external violence to the applicant when deciding whether to refer them to another local authority in England and Wales.

Local connection and asylum seekers

​​​​​​​If an applicant has received a positive asylum decision, the time they spent while living in asylum accommodation does not contribute towards forming a local connection with the local authority in which the accommodation is situated (s.7 of the Homelessness etc.(Scotland) Act 2003).

​​​​​​​This differs to the position in England and Wales where time spent in asylum accommodation is included when considering if a local connection exists. Local authorities in England and Wales cannot refer someone who has recently received refugee status to a local authority in Scotland on the basis of a local connection established with a Scottish local authority while in asylum accommodation in Scotland. Further information can be found in the UK Government homelessness code of guidance and guidance for local authorities in Wales.

Referrals to England and Wales

​​​​​​​Local authorities in Scotland may continue to refer a household to local authorities in England and Wales where they have an established local connection.

​​​​​​​The notifying authority is obliged, under section 34 of the 1987 Act, to ensure accommodation is available for the applicant's occupation until the outcome of the referral is decided. Local authorities should bear in mind that transitional arrangements may be required when this duty expires (for example, where the conditions for referral are satisfied but the notified authority has not yet provided accommodation).

Arrangements in case of a dispute

​​​​​​​Agreements exist between local authority associations in Scotland, England and Wales. The current provisions for referrals to English and Welsh local authorities 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).

​​​​​​​Where two local authorities cannot agree on whether the conditions of a referral are satisfied, a person is appointed to decide and is selected jointly by the appropriate bodies (Convention of Scottish Local Authorities, the Local Government Association, the Welsh Local Government Association or the Association of London Government). There is also an agreement between the local authority associations on referral procedures. ​​​​​​​