There is no requirement in law for a household to have a local connection to an area in order to access emergency accommodation. Despite this, we frequently encounter local authorities seeking to apply this requirement in our casework.  

In many cases, this has led to vulnerable homeless people, including women and children fleeing domestic violence, sleeping in their cars or couch surfing in wholly inadequate and overcrowded accommodation. 

Read our FAQ and case study below to find out more about what a local connection test is and what your rights are if you are refused access to emergency accommodation on this basis. 

What does the law say?

The Housing Act 1988 (the “1988 Act”) sets out the legal test definition for homeless. You are legally homeless if: 

• You do not have somewhere you can reasonably stay; or 

• You are living in a hospital or night shelter;  

and 

• You are unable to attain accommodation out of your own resources. 

These are the only factors that a local authority can lawfully consider when it is carrying out a homeless assessment.  

There is no requirement in the 1988 Act for a household to have a local connection to an area.  Additionally, there is no requirement in the 1988 Act for a household to first be approved for social housing supports.  

Why are local authorities applying a local connection test?

We believe that the application of the local connection test to households seeking access to emergency accommodation is rooted in the fact that local authorities are incorrectly applying the criteria for accessing social housing supports, to households seeking access to emergency accommodation. 

In essence, social housing supports and emergency homeless accommodation provisions are governed by two separate legal frameworks.  Each form of accommodation serves an entirely different purpose. 

Social housing supports are designed to meet the medium to long term housing needs of a household. A household must establish a number of criteria in order to access social housing supports, including establishing a local connection to the area. 

On the other hand, emergency accommodation, as the name suggests, is designed to meet the short-term housing needs of a household, that arise on an urgent basis. A household must meet the legal test of homeless, as set out in the 1988 Act above, in order to access emergency accommodation.  

In our experience, local authorities frequently confuse the two legal frameworks and can, for example, wrongly apply the eligibility criteria for accessing social housing supports to households who are seeking to access social housing supports.  

What is the local connection protocol?

We are aware that the County and City Managers Association (“CCMA”) published the “Local Connection Protocol for Homeless presentations outside county of origin” in July 2023 (the “Local Connection Protocol”).

The Local Connection Protocol claims to provide guidance to local authorities in dealing with households who are presenting to local authorities that are not the local authorities in their ‘county of origin’ for a homeless assessment.  

We do not believe there is any basis in law for the Local Connection Protocol.  Despite this, we see local authorities seeking to apply the Local Connection Protocol to homeless assessments in our casework.  

A positive outcome for our client

Our client and her seven children were forced to flee their home owing to ongoing domestic violence.  

Our client returned to the county where she was from, and where she had spent her childhood and much of her adult life. Upon their return, the family stayed temporarily with friends and family, as they did not have the resources to secure their own accommodation. They lived in overcrowded conditions, often sharing a single bedroom.  

It was clear that the family met the legal definition of homelessness under section 2 of the 1988 Act, making them eligible for emergency accommodation supports. However, our client was advised by the local authority that she needed to return to the county from where they had fled, in order to access emergency accommodation.  The local authority was basing this decision on the Local Connection Protocol.  

Our client made a number of unsuccessful attempts to secure emergency accommodation from the local authority. At this point, our client was referred into our Traveller accommodation legal advice clinic by a local advocacy group who had been assisting her.  

We engaged in correspondence with the local authority, highlighting the unlawful basis of the local connection protocol, emphasising the critical situation of the family of the Local Connection Protocol and requesting an immediate homeless assessment for the family. 

Following this correspondence, our client was eventually offered emergency accommodation for herself and her children, with a view to securing more permanent secure housing as a next step.   

Next Steps

We have since written to the CCMA requesting that they withdraw the Local Connection Protocol from circulation and remind local authorities of their obligations under the 1988 Act, to ensure consistency and to ensure that marginalised and vulnerable cohorts have access to the vital emergency supports to which they are entitled.  

How can we help you?

Please contact us for free  legal advice.  

We offer free legal advice in the areas of homelessness, housing, employment, environmental, social welfare, family and children’s law. Appointments can be booked by phoning 01 847 7804 or visiting our website to book an appointment  online.   

Disclaimer

The information in this document is not intended to provide, and does not constitute, legal  or any other advice on any particular matter, and is provided for general information purposes only.

 The authors give no guarantees or warranties concerning the accuracy, completeness or up-to-date nature of the information provided in this guide and do not accept any liability arising from any errors or omissions. 

If you are experiencing homelessness or housing problems and need legal advice, please contact Community Law & Mediation on 01 847 7804 or visit our website to book an appointment  here.