When a local authority concludes that a person is ineligible for homelessness assistance, they should issue the person with a decision in writing in the form of a section 184 notice. This should outline clearly why the local housing authority has determined that they are ineligible for assistance. A person can request a review of the decision within 21 days and should seek advice from a housing adviser if they do not agree with the decision.
A person who is found to be ineligible for homelessness assistance by their local council must still be provided with advice and information to help prevent or alleviate homelessness. This can include signposting to information about local immigration advisers or Home Office asylum support, or a referral to children’s or adult social care for support if they have children or care needs. Find out about support options for people with no recourse to public funds.
When a person who is being provided with interim accommodation is found to be ineligible for assistance, the local authority must ensure that they too are provided with advice and assistance to access alternative options where available, before being moved on from temporary accommodation. Councils must provide individuals with the required notice period before terminating support, with decisions given in writing.
If a person presents to the local housing authority and is assessed as ineligible for assistance, the council must establish whether there are any other statutory powers which may enable them to provide accommodation.
Where a person may have care and support needs, a referral to adult social care for a Care Act assessment should be made. If there are dependent children under 18 in the household children’s social care will need to undertake a ‘child in need’ assessment under section 17 of the Children Act 1989. Both Care Act support and section 17 support can include the provision of accommodation. Adult and children’s social care can also provide interim accommodation whilst they are undertaking a needs assessment. Read our information on social care support for children and families, and social care support for adults.
For adults who are ineligible for homelessness assistance and do not have children in their care or social care needs, councils may also consider whether they have any other powers and funding available to provide accommodation.
The following legal powers enable councils to provide accommodation to save lives and reduce public health risks as part of an emergency response or on a discretionary basis:
For example, a person could be provided with accommodation under s2B of the NHS Act 2006 if they are receiving treatment for a contagious disease, such as TB. Councils also used powers under s2B and s138 of the Local Government Act 1972 to accommodate rough sleepers during the COVID-19 pandemic.
More information about using section 1 of the Localism act is provided in the Home Office guidance on public funds.
