Homeless duty to refer

This page is for professionals concerned about a person who is homeless or threatened with homelessness within 56 days. Some public bodies have a 'duty to refer' a customer aged 18 or over who is homeless or threatened with homelessness within 56 days to a local authority housing department. Other professionals may use the same referral process. 16/17-year-olds may also be referred by social services authorities, youth offender institutions and youth offending teams.

Is my customer homeless or threatened with homelessness?

Homeless: A person does not need to be sleeping rough to be legally homeless. Homelessness can occur where a person has accommodation available but it is unreasonable for them to occupy e.g. probability of violence or abuse if remaining. If the person is sleeping rough, sofa surfing, frequently changes addresses or provides a care of address only, this can indicate homelessness.

Threatened with homelessness within 56 days: A threat of homelessness could be a notice from a landlord, a possession summons or another document indicating to your customer that they may have to leave their home in due course.

Which local authority?

Your customer is entitled to choose to which local housing department they are referred and you must obtain consent to the referral and to the local authority making inquiries into their housing circumstances before making the referral (except where referral is to safeguard a child or vulnerable adult). Also ask the customer if they are working with other professionals and record their names and contact details.

Once consent has explicitly been given, complete this form to make the referral. Ensure that you include as much detail about the customer as possible. Once the form has been received by Housing People Services, an officer will be in contact with you and the customer to discuss the referral further.

All information is treated confidential in accordance with the council's Data Protection responsibilities. See Wiltshire Council's Housing Operations privacy notice.

Duty to refer bodies

The following professional bodies have a duty to refer a person who is homeless or threatened with homelessness:

• Jobcentre Plus
• Social service authorities
• Prisons
• All probation services
• Youth offender institutions and youth offending teams
• Secure training centres and colleges
• Accident and emergency services at hospitals
• Urgent treatment centres, and hospitals in their capacity of providing in-patient treatment
• Ministry of Defence in respect of serving personnel

Duty to refer form