Some public services must tell us if they’re working with someone who they believe is homeless or at risk of homelessness within 56 days. This is a legal requirement under the Homelessness Reduction Act 2017 and is called a duty to refer.
Individuals can also tell us about someone who needs help. This is called a referral without duty.
Duty to refer
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
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.
Referring without duty
Professionals and charities who work closely with people in housing need can help someone contact the council for support. This includes:
- voluntary and community organisations
- housing support workers
- advice services
- schools, colleges or faith-based organisations
Gather relevant information
Before referring someone, try to confirm:
- the person’s full name
- contact details
- 5 years of address history (if any)
- household members
- any health issues or vulnerabilities the local authority should be aware of
You can still refer someone if you don’t have all this information. As a minimum, we need:
- their name
- contact details
- and their agreement to be referred
Making a referral
Even if you’re not legally required to refer, you can still use the duty to refer form to alert us to someone’s situation.
You must:
- get the person’s consent
- explain that the council may contact them to offer help
In some cases, a person may also be known to another service with a legal duty to refer. If so, you could help them contact that service too.
Public services can refer someone using the Duty to refer form and emailing it to dutytorefer@sheffield.gov.uk.
Get involved: Homelessness Prevention Forum
We host a quarterly forum for professionals and organisations working to prevent and reduce homelessness in Sheffield.
The forum is an opportunity to:
- hear about the latest developments across the city
- share ideas and best practices
- collaborate on effective prevention strategies
This forum is for professionals only and is a ticketed event. A work email address is required to register.
To find out more or request to join, please contact HousingSolutionsGeneric@sheffield.gov.uk.