Local connection — where to apply
You can apply in any council in England (s.183 Housing Act 1996) — the law doesn't require applying «at your place of residence». Local connection (s.199) is only a question if the council wants to refer the application (s.198) AFTER accepting main duty. Key for refugees: time on Section 95 dispersal does NOT count for the residence test.
Right to choose your council
s.183(1) Housing Act 1996 — a homelessness application can be made to any LA in England. You are NOT obliged to apply where you live, where you were registered, where Home Office placed you, where you previously had NASS / Section 95.
Especially important for refugees who got status in one city (Glasgow, Stoke, Wakefield) but want London / Manchester closer to community / family.
A council that says «we're not your council, go to Hackney» breaches s.183. That's gatekeeping.
When the referral question arises
Only after the receiving authority has decided it owes main duty (s.193). The referral question only arises if:
- You have NO local connection in this LA
- You DO have local connection in another LA in England / Wales / Scotland
- No DA exception (s.198(2A))
Referral cannot be a «gatekeeping device» at the door — only a back-end mechanism after duty crystallises.
4 grounds for local connection (s.199(1))
Code: 6 of 12 months OR 3 of 5 years. Section 95 dispersal — does NOT count (s.199(6)–(7)).
Not casual. Real work in the district. Often the strongest route for refugees to establish LC in a new area.
Parents, adult children, siblings — settled there 5+ years. Other relatives — exceptionally.
Medical needs (specialist hospital), established support network, faith community, language community, looked-after history.
Code stresses: these definitions are guidance, not statutory limits. The overriding question is whether the connection exists «in real terms».
Refugees: special case
s.199(6)–(7) (Asylum and Immigration Act 2004) specifically excludes residence in Section 95 dispersal accommodation from the «of own choice» test. The reason: you didn't choose where to live — Home Office placed you.
Case law:
- Mohamed v Hammersmith [2001] UKHL 57 — normal residence; date of assessment
- R(Ozbek) v Ipswich [2006] EWCA Civ 534 — operation of s.199(6) for former Section 95
What this means: 2 years on Section 95 in Cardiff don't give you LC in Cardiff via the residence test. But if you worked there / have family / have medical ties, LC via other grounds.
Domestic abuse exception (s.198(2A))
If the applicant or a household member would be at risk of DA in the area to which referral is proposed, referral is not allowed. The survivor can choose any LA in England and they CANNOT pass them back.
DAA 2021 widened «abuse» to include psychological, controlling, economic. Read more →
Care leavers — automatic local connection
s.199(8)–(11) (Children and Social Work Act 2017): qualifying care leavers have automatic LC with the children's services authority that owes them leaving-care duties (s.23C Children Act 1989). Until 21 (or longer with education/training).
Also LC in the area where they were normally resident for 2+ continuous years (including before age 16) while looked after — until 21.
Referral procedure
- Notifying authority writes to notified authority + applicant in writing
- 10 working days to dispute (informal)
- If unresolved — appoint arbitrator or referee from LGA panel (21 day deadline)
- Pending resolution — notifying authority must secure accommodation (s.200(1))
- If notified accepts — duty transfers. If not — notifying owes
- Right to s.202(1)(d) review of the referral decision itself
Common failures
Frequently asked questions
Council says «you're not our borough» — is that lawful?
NO. Under s.183(1) you can apply to any council in England. Local connection is a question AFTER acceptance, not at the door. This is classic gatekeeping.
Does time on Section 95 accommodation count for local connection?
NO. s.199(6)–(7) specifically excludes residence in s.95 dispersed accommodation from the «of own choice» test. Mohamed v Hammersmith [2001] UKHL 57, R(Ozbek) v Ipswich [2006] EWCA Civ 534.
Got status in Manchester, want to move to London — can they refer me back?
Only if you have no local connection in London AND have one in Manchester. Time on Section 95 in Manchester does NOT count. If you have family / employment / special circumstances in London, you have LC there.
DA situation — can they send me to where the abuser is?
NO. s.198(2A) — referral is prohibited if applicant or household member would be at risk of DA in the notified district. DAA 2021 widened «abuse» to include coercive, economic.
Care leaver — is there an automatic local connection?
Yes. s.199(8)–(11) (Children and Social Work Act 2017) — automatic LC with the children's services authority + where you lived 2 years while looked after. Until age 21.