Out-of-area homelessness accommodation (England)

What is out-of-area accommodation?

Out-of-area accommodation is housing arranged for a homeless household by a local housing authority under its statutory homelessness duties, in another local housing authority’s area. This practice is also referred to as ‘out‑of‑area placements’.

The local authority that arranges the accommodation is called the ‘placing’ authority and the authority in whose area the accommodation is arranged is called the ‘receiving’ authority.

The use of out-of-area placements has increased in recent years. Many local authorities, particularly in London and other areas with high housing costs, find it difficult to secure suitable accommodation within their own boundaries.

Stakeholders and parliamentarians have raised concerns about the impact of out-of-area placements on households, especially children. There are also wider consequences for receiving authorities, which may have to compete for local accommodation with placing authorities from outside their area.

The Commons Library briefing Temporary accommodation in England: Issues and government action summarises official statistics on the number of households living in out-of-area accommodation. It also covers the effects of out-of-area placements and the government’s plans to improve practice through its National Plan to End Homelessness.

What are local authorities’ homelessness duties?

In England, people who are homeless or threatened with homelessness can apply to their local housing authority for housing assistance. Authorities must assess these applications to determine whether they owe any duties under part 7 of the Housing Act 1996 (‘the 1996 act’).

When carrying out their duties under the 1996 act, housing authorities must have regard to the government’s statutory homelessness code of guidance (‘the code of guidance’).

Shelter provides information on Homelessness applications on its website.

What are the rules on the suitability of homelessness accommodation?

Where a local housing authority provides accommodation under its homelessness duties, the accommodation must be suitable for the applicant and everyone in their household. There are specific legal requirements governing suitability.

The question of whether accommodation is suitable is a matter for the local authority to decide, on a case-by-case basis, in accordance with all relevant legal requirements and the authority’s own policies.

Section 2 of the Commons Library briefing How is temporary accommodation provided to homeless households in England? covers the suitability requirements in part 7 of the 1996 act.

Shelter provides detailed information on the factors local authorities are expected to consider when deciding whether accommodation is suitable.

What rules apply to the location of homelessness accommodation?

As part of the overall assessment of suitability, local authorities must always consider the location of the accommodation.

Section 208 of the 1996 act says that, as far as “reasonably practicable”, accommodation should be within the placing authority’s own area.

The Homelessness (Suitability of Accommodation) (England) Order 2012 sets out matters to be considered when a local authority assesses the suitability of the location of the accommodation, including:

• the distance of the accommodation from the authority’s own area (for out-of-area placements)
  
  
• the significance of any disruption caused by the location to the employment, caring responsibilities or education of the person or members of the person’s household
  
  
• proximity and accessibility of the accommodation to:
  
  
  • any essential medical services or other forms of support being received by members of the household
    
    
  • local services, amenities and transport

When might out-of-area accommodation be suitable?

Where it is not reasonably practicable to secure accommodation locally, out-of-area accommodation may be suitable. Chapter 17 of the code of guidance sets out what local authorities are expected to do in these circumstances. Where possible, authorities should:   

• try to secure accommodation as close as possible to where the applicant was previously living (there is no prescribed maximum distance or travel time)
  
  
• aim to retain established links with schools, doctors, social workers and other essential services and support  

The code of guidance also notes that out-of-area accommodation may be appropriate in some cases, such as where a household member is fleeing domestic abuse.

What policies should local authorities have when arranging out-of-area accommodation?

The code of guidance advises local authorities, particularly those that have to make out-of-area placements, “to develop policies for the procurement and allocation of temporary accommodation which will help to ensure suitability requirements are met”.

Shelter outlines relevant case law in its information on Location and suitability of accommodation for homeless applicants. In summary, it says that where a local authority makes an offer of out-of-area accommodation in accordance with a lawful temporary accommodation procurement and allocation policy, that offer “would generally be lawful and capable of discharging its duties”. Such policies should be publicly available and kept under review.

Does the placing authority have to notify the receiving authority when it arranges out-of-area accommodation?

Where a local housing authority places an applicant in accommodation outside its area, it must notify the receiving authority of the placement. The notification must include the following details:

• the name of the applicant
  
  
• the number and description of other persons who normally reside with the applicant as a member of his or her family or might reasonably be expected to do so
  
  
• the address of the accommodation
  
  
• the date on which the accommodation was made available
  
  
• which function the housing authority is discharging in securing the accommodation

The notification must be provided in writing within 14 days of the accommodation being made available to the applicant.

Can a local authority challenge a placement made in its area?

A local authority cannot formally challenge another authority’s decision to place people in its area. However, the Local Government Association has issued guidance on best practice for managing out-of-area placements across local authority boundaries.

How can someone challenge an offer of out-of-area accommodation? 

If an applicant believes the accommodation offered is unsuitable, they can request a review of the local authority’s suitability decision. Applicants have a legal right to an internal review of the suitability of accommodation offered under 1996 act, except in the case of ‘interim’ accommodation, where challenges can only be made through judicial review.

A request for an internal review must be made within 21 days of being notified of the decision to offer the accommodation, unless the housing authority allows a late request.

An applicant can request a review whether or not they accept the offer. This means, they may move into the accommodation and still ask for a review. Shelter advises that accepting the accommodation and then requesting a review is usually in the applicant’s best interests.

Shelter’s information on Internal review requests provides further detail.

How can someone raise a complaint?

If someone is unhappy with how a local authority is handling their homelessness application, they can use the authority’s formal complaints procedure.

Unresolved complaints may be referred to the Local Government and Social Care Ombudsman (LGSCO). Shelter notes that the LGSCO cannot usually investigate matters covered by someone’s legal right to review.

The LGSCO has published a factsheet for people who are homeless or at risk of homelessness and are considering making a complaint.

Where can homeless households get advice and support?

Applicants experiencing homelessness should seek advice on their specific circumstances from a suitably qualified professional. Citizens Advice and Shelter provide free, independent advice.

The government’s information on Help if you’re homeless or about to become homeless includes a section on getting advice and support.

The Commons Library has published a briefing on Legal help: Where to go and how to pay.

Further information

• Commons Library briefing: How is temporary accommodation provided to homeless households in England?
  
  
• Commons Library briefing: Temporary accommodation in England: Issues and government action
  
  
• Commons Library briefing: Statutory homelessness (England): The legal framework and performance
  
  
• Shelter: Location and suitability of accommodation for homeless applicants
  
  
• Local Government Association: Local government out of area placements guidance
  
  
• Ministry of Housing, Local Government and Communities (MHCLG): Homelessness code of guidance for local authorities
  
  
• MHCLG: A National Plan to End Homelessness
  
  
• Housing, Communities and Local Government (HCLG) Committee: England’s Homeless Children: The crisis in temporary accommodation
  
  
• HCLG Committee: Housing Conditions in Temporary Accommodation

About the author

Faye Greaves is a senior researcher at the House of Commons Library specialising in housing and homelessness.

Disclaimer

The Commons Library does not intend the information in our constituency casework articles to address the specific circumstances of any particular individual. We have published it to support the work of MPs. You should not rely upon it as legal or professional advice, or as a substitute for it. We do not accept any liability whatsoever for any errors, omissions or misstatements contained herein. You should consult a suitably qualified professional if you require specific advice or information. Read our briefing for information about sources of legal advice and help.