Where a local housing authority decides that a person is ineligible for homelessness assistance, it must issue a written decision in the form of a section 184 notice.
The notice should clearly explain:
A request for a review must be made within 21 days of receiving the decision. People should be encouraged to seek advice from a housing adviser if they disagree with the decision.
Even where a person is found to be ineligible for homelessness assistance, the local authority must still provide advice and information to help prevent or relieve homelessness. This may include:
If a person has been placed in interim accommodation and is later found to be ineligible, the local authority must:
Support must not be ended abruptly, and individuals should be given a reasonable opportunity to make alternative arrangements.
Where a person is assessed as ineligible for homelessness assistance, the council must consider whether any other statutory powers or duties apply that could enable accommodation to be provided.
This includes considering whether the person may be entitled to support from adult or children’s social care.
If a person may have care and support needs, the local authority should make a referral to adult social care for an assessment under the Care Act 2014.
Where there are dependent children under the age of 18 in the household, children’s social care must carry out a ‘child in need’ assessment under section 17 of the Children Act 1989, if there appears to be a child in need.
Support provided under both the Care Act and section 17 of the Children Act can include the provision of accommodation, where this is necessary to meet identified needs. Both adult and children’s social care can also arrange interim accommodation while assessments are being completed.
Further information is available in:
For adults who are ineligible for homelessness assistance, and do not have dependent children or care and support needs, local authorities should still consider whether they have other powers or funding that could be used to provide accommodation in limited circumstances.
The following legal powers may be used by councils, either in emergencies or on a discretionary basis:
For example, accommodation may be provided under section 2B of the NHS Act 2006 to reduce public health risks, such as where a person is receiving treatment for a contagious disease like tuberculosis. Councils also relied on section 2B of the NHS Act 2006 and section 138 of the Local Government Act 1972 to accommodate rough sleepers during the COVID‑19 pandemic.
Further information on the use of section 1 of the Localism Act 2011 is available in the Home Office guidance on public funds.
