Homelessness Policy and Procedure

LOCAL CONNECTION (SECTION 27 OF THE 1987 ACT)

South Ayrshire Council has a power, but not a duty, to refer an application to another local authority if it thinks the applicant does not have a local connection with it, but does have a local connection with another local authority because of residence, employment, family associations, or any special circumstances. The referral (Section 33), would have to be agreed by the receiving local authority, or in the case of a dispute decided upon under arrangements run by the local authority associations. Referrals can be made only between local authorities in the United Kingdom; and for unintentionally homeless people in priority need who would not be at risk of domestic violence in the area of the local authority to which the application is referred. If the applicant has no previous local connection anywhere in the United Kingdom, responsibility rests with the local authority to which he or she applies.

Legal Position

If a homeless officer considers that neither the applicant nor anyone who might reasonably be expected to reside with the applicant has a local connection with this area, but in their opinion there is a local connection with the area of another local authority and therefore the conditions for referring the application to the other local authority are met, they should notify that other local authority of its opinion (sections 33(1) and (2)). If it is agreed by the other local authority that the applicant has a local connection with them, the duty to find a home for the applicant becomes the obligation of the receiving authority (section 34(2)). In some cases, an applicant may have a local connection with more than one other local authority.

Arrangements in case of a dispute

The Secretary of State has power to make a statutory instrument setting out how local connection should be determined if two local authorities cannot agree, either directly or under procedures set out in agreements between local authority associations in Scotland, England and Wales. The current provisions are in the Homelessness (Decisions on Referrals) Order 1998 (SI 1998 No. 1578) for applications to English and Welsh local authorities; and by the Homelessness (Decisions on Referrals)(Scotland) Order 1998 (SI 1998 No. 1603) for applications to Scottish local authorities and cross border cases. If responsibility for dealing with the application has not been agreed between the two local authorities within 21 days of the application, they can agree to appoint someone to make a decision on the dispute. In default of this, the President of COSLA (or in his or her absence or incapacity the Vice President), will appoint a person from a standing panel to make a final and binding decision on disputes between Scottish local authorities. For cross border disputes, the person deciding the dispute is drawn from a panel appointed jointly by COSLA and the other local authority associations. There is also an agreement between the local authority associations on referral procedures.

An applicant would have a local connection with South Ayrshire, if at the date of application:

he/she is, or in the past was, normally resident in it and his residence in it is, or was, of his/her own choice; or
he/she is employed in it, or
he/she had family associations, or
there were any special circumstances

Nevertheless, residence in a district is not of a person's own choice for these purposes if he/she became resident in it, because he/she or any person who might reasonably be expected to reside with him/her :

was serving in the regular armed forces of the Crown, or
was detained under the authority of any Act of Parliament, or in such other circumstances as the Secretary of State may by order specify.
A person is not employed in a district for these purposes if he/she is serving in the regular armed forces of the Crown, or in such other circumstances as the Secretary of State may by order specify.

Interpretation of Legal Definitions

As the Act is rather vague and does not, for example, define what 'normal residence' or 'family associations' actually are, the guidelines issued by the Convention of Scottish Local Authorities should be followed. The official title of these guidelines, which were produced by Statutory Instrument, is 'Agreement on Procedures for Referrals of the Homeless', and they are reproduced in full in this manual at Appendix D (it should be noted that the criteria in the COSLA guidelines differ from those in the Code of Guidance. However, it is the COSLA criteria which must be followed).

Therefore, an applicant would have a local connection with South Ayrshire if:

A. The household is, or in the past was, normally resident within South Ayrshire.

'Normal residence' arises where the household has been residing for at least six months during the previous 12 months, or, fornot less than three years during the previous five year period, or,

For these purposes, 'normal residence' in South Ayrshire does not include time spent in:

A hospital or prison.
A women's refuge, mother and baby home or rehabilitation centre.
A holiday/seasonal let.
Accommodation let in respect of seasonal employment
Accommodation let because of service with the Army, Navy or Air Force.

B. A member of the household is employed in the area.

It is a requirement that the applicant's main placeof employment is located within South Ayrshire: therefore, a person who occasionally visited the District in connection with her/her duties would not have a local connection. Nor could service personnel claim a local connection on the grounds that they were stationed within South Ayrshire. The employment must also be of a settled/regular nature, which means that casual workers would not qualify in terms of this clause.

C. A member of the household has family associations in South Ayrshire .

'Family associations' arise where the applicant, or a member of his/her household has a parent, an adult child, brother, sister or grandparent currently residing in the District, and the relative concerned has been resident for a period of at least five years. It is also a requirement that the applicant should indicate a wish to be near his/her relative.

D. There are other special circumstances.

There are likely to be very few cases of this type. If it was thought that one had arisen, then it should be looked at on its merits in consultation with the Homeless Service Manager.

IF THE APPLICANT HAS NO LOCAL CONNECTION WITH SOUTH AYRSHIRE

If the applicant does not have a local connection with South Ayrshire (and is homeless, has a priority need and is not intentionally homeless), he/she should be referred to an authority in the United Kingdom with which a local connection does exist. However, it should be borne in mind that if a local connection cannot be established with any other authority then South Ayrshire would become the authority responsible for providing permanent accommodation. Another important point is that if the applicant, or any member of the applicant's household, has a connection with South Ayrshire then the duty to secure accommodation will remain with this Council, even though there may be a connection with another authority. As the Code points out, a local authority '.... may not seek to transfer authority to another authority on the grounds that the applicant has a greater connection with the area of another authority'.

In those cases where an applicant has a connection with more than one other authority, the receiving authority (i.e. South Ayrshire) must weigh up all the relevant factors before making a decision on which authority to notify. The relevant factors include the wishes of the applicant, and the degree of strength of the residential local connection in relation to connections established by employment and family ties.

There is one important proviso with regard to family ties: the 'Agreement on Procedures for Referrals...' points out that applicants should not be referred to another local authority because of their family associations if they object. In other words, if the applicant objected to being referred to another authority on family grounds, South Ayrshire would be obliged to accept responsibility unless the applicant had a connection with that other authority by residence or employment.