A duty to refer is a legal requirement under the Homelessness Reduction Act 2017.
What is duty to refer
The duty to refer applies when certain public bodies are working with someone who is homeless or likely to become homeless within 56 days. It helps people get the right support at the right time.
A referral:
- must be made with the person’s knowledge and consent (unless there's a safeguarding concern)
- is not the same as making a homeless application
- means the local housing authority will contact the person to assess what help is needed
Organisations with this legal duty include:
- Jobcentres
- probation services
- prisons
- NHS services like A&E and inpatient wards
- social services
- the Ministry of Defence (in relation to serving armed forces personnel)
Other professionals including those in the voluntary or charity sector can still refer someone, even if they aren’t legally required to.
Who can refer
Public bodies with a legal duty to refer include:
- social services
- jobcentre plus
- prisons and probation services
- secure training centres and colleges
- youth offender institutions and youth offending teams
- accident and emergency services provided in a hospital
- urgent treatment centres, and hospitals providing in-patient treatment
- the Ministry of Defence in relation to members of the Royal Navy, the Royal Marines, the regular army and the Royal Air Force
If you work for one of these services and someone you support is homeless or at risk of homelessness and they give their consent, you must make a referral.
The Homelessness Code of Guidance advises that for people with support needs, it may be more appropriate to help them apply directly to the local housing authority rather than only making a referral.
When to refer
You should make a referral to the housing team as soon as someone is at risk of homelessness - don’t wait for the situation to become urgent.
Although the legal duty begins when someone is homeless or at risk of becoming homeless within 56 days, earlier referrals give us more time to help prevent the crisis.
This referral is not for a council house. It’s about early support, including:
- understanding rights and housing options
- seeing if they can stay where they are
- help accessing or affording private rented housing
- exploring other housing options
Make a referral when some is:
- homeless (such as sleeping rough, sofa surfing, in unsafe or unsuitable accommodation)
- likely to become homeless within 56 days
- has been told to leave (such as valid Section 21 notice that ends in the next 56 days, asked to leave by family or friends)
- faces eviction or legal action (such as due to rent arrears or anti-social behaviour)
- can no longer afford their home (such as income loss, benefit changes, relationship breakdown)
- lives in unsafe or unsuitable housing (such as domestic abuse, overcrowding, serious disrepair)
- struggles to find or keep housing (such as due to mental health, substance use, support needs, or housing history)
We can help if the person is eligible based on immigration and residence status. If in doubt, we can check eligibility and provide guidance or signpost to appropriate services.
Making a referral
You must:
- get the person’s consent
- explain what the duty to refer is and what will happen next
You can only refer someone without their consent if it’s necessary to safeguard a child or vulnerable adult.
Public services can refer someone using the form below:
What happens after a referral
We will contact the person referred to discuss their situation.
If we believe the person might be homeless or threatened with homelessness and would like help, we’ll begin a formal homeless application.
We don’t always reply to the organisation that made the referral, but we do aim to, where possible.