The council has to look into your circumstances to decide whether you are in priority need for emergency accommodation. If you think you are in priority need but the council says you're not, you may be able to get the decision changed. The council can still offer accommodation if you are not in priority need, but it doesn't have to.
You will normally be in priority need if one of the people included in your application falls into one of the priority need categories outlined below.
Pregnant women (and people who live with them)
The council should consider any pregnant woman to be in priority need. You will probably have to provide proof of the pregnancy from a doctor or other medical expert.
For more information, please see the section on housing rights during pregancy.
People responsible for dependent children
The council should consider you to be in priority need if you are responsible for dependent children who normally live with you (or would do if you had accommodation where you could all live together) and who are under the age of 16, or under 19 and in full-time education.
If the children are only living with you for part of the time (for example, every other week) it can be complicated. You should tell the council the normal arrangements for care of the children.
People made homeless by fire, flood or other disaster
The council has to accept that you are in priority need if you had to leave your home because of any disaster or emergency such as fire or flood.
Most people aged 16 or 17
Almost all homeless 16 and 17 year olds are automatically in priority need and can get accommodation from the housing department of the council. The housing department may want to check whether you could go back home to live with your parents or carers. But they can't force you to go back, especially if your parents or carers have been violent or abusive in the past. If you don't want the council to contact your parents or carers, you can ask them not to.
The only 16 and 17 year olds who are not entitled to help from the council's housing department are people who:
- are not eligible for assistance (which includes most asylum seekers and some other people who have lived abroad)
- have spent at least 13 weeks in care since the age of 14 (which means you are classed as an 'eligible child' - see below)
- are classed as a 'child in need' (which means that the council thinks you need help with things that affect your health and development).
If you are in one of these groups you are probably entitled to help from social services instead of the housing department. Social services will have to find somewhere for you to live if you are homeless and can also provide financial support and help with continuing your education, getting training or finding work. If the housing department and social services can't agree who is responsible for helping you, get advice immediately.
Certain care leavers
Many care leavers are in priority need and those that aren't may be entitled to help from social services instead. However, councils' duties to care leavers can be complicated and there are exceptions to the rules. It's usually a good idea to get in touch with a local advice centre to be sure that you understand your rights.
In most cases, your rights depend on your age, how long you were in care, and how old you were at the time. You may be referred to as a 'relevant child', or an 'eligible child'. These terms have special legal meanings.
You are classed as a 'relevant child' if:
- you have spent a total of at least 13 weeks in care after the age of 14, and
- you are now 16 or 17 years old, and
- you have spent at least one night in care since your 16th birthday.
If you are a relevant child, social services are responsible for you and must provide housing and financial support until you are 18.
You are classed as an 'eligible child' if all of the above apply and you are still in care. Again, social services will be responsible for providing housing and financial support until you are 18.
If you are aged 18 to 21 and spent at least one night in care when you were 16 or 17, you will automatically be classed as being in priority need until your 21st birthday. Depending on your circumstances, social services may also be able to help you by providing support and help with training and education (eg accommodation during holidays) until your 24th birthday.
If you don't fit into any of these categories, remember that you may still be in priority need for other reasons. For example, you might be classed as 'vulnerable' if you haven't had a stable home since you left care, or you have slept on the streets in the past. A local advice centre may be able to help you put your case to the council - use our directory to find one.
If you are entitled to help from both housing and social services departments, they should work together to provide whatever help you need. For example, social services can ask the housing department to house you. They are not allowed to just tell you that they can't help you and send you to the other department. If this happens, get advice immediately.
Other people who are particularly vulnerable
In deciding whether you are vulnerable, the council should look at your situation as a whole, and consider whether your personal circumstances make it more difficult for you to find and keep accommodation. For example, it may decide that you are vulnerable because:
- you are an older person
- you have a physical or learning disability or mental health problems
- you had to leave your home because of violence or harassment
- you have been in care, the armed forces, a young offenders' institute or prison in the past
- you are under the age of 25 and are vulnerable because you don't have support from family or friends, have slept on the streets in the past or have problems with drugs or alcohol.
The council won't automatically consider you to be vulnerable if you fit one of these categories. For example, the council may decide that you are not vulnerable if you have an illness but it can be controlled by medication, or if you are over 60 but are in good health. However, you may be vulnerable for other reasons. Make sure you tell the council about any personal circumstances that make it difficult for you to deal with your housing situation.
What if the only people in my household who meet the criteria are not eligible for assistance?
The rules for mixed-eligibility households are complicated so it is best to get advice, especially if you have dependent children.
In most situations like these, the eligible person should apply to the council for assistance. However, when the council is deciding whether you are in priority need (and therefore entitled to housing) it may only consider you alone and not the people in your house who are not eligible. This will not apply to people who are not subject to immigration control (eg British citizens, and EEA/Commonwealth citizens with a right to live in the UK) but will apply to most other people from abroad, including asylum seekers. See our page on eligibility for assistance for more information about the rules.
What if the council decides I'm not in priority need?
If the council decides that you are not in priority need it has to inform you in writing. The decision letter must explain the reasons why the council has decided that you are not in priority need. It must also inform you that if you want to request a review of the decision, you have to do so within 21 days. If the reasons the council gives are wrong or unclear, get advice immediately. It is possible that the council hasn't looked into your situation properly.
Can the council still house me?
Councils don't have a legal responsibility to provide accommodation for people who are not in priority need. The council only has a legal responsibility to give you advice and assistance about finding somewhere else to live.
However, in some parts of the country, there is a lot of available housing and councils may offer to house you even though you are not in priority need. They can only do this if:
- you are actually homeless, and
- you are eligible for assistance, and
- you did not make yourself homeless intentionally.
In areas where there is a lot of demand for housing (such as London and other major cities) you are unlikely to be offered any accommodation at all. If you are already in emergency accommodation provided by the council, you will probably be asked to leave.
Can I get the council to change its decision?
If you think the council's decision is wrong, get advice quickly. If you want to request a review you must do so within 21 days of receiving the decision letter. An adviser may be able to:
- look into the reasons for the decision and help you work out whether you have a good chance of getting the council to change its decision
- help you put together the information you will need to provide for the review
- convince the council to provide accommodation until the review is completed
- help you to appeal further if the council still refuses to help you
- tell you what sort of accommodation and support social services may be able to provide if you ask them for help
- help you find somewhere to live if you can't prove that you are in priority need
- make sure you are claiming all the benefits you are entitled to
- put you in contact with specialist support organisations or local schemes that can help you raise a deposit or find a suitable place to live.
Use our directory to find a Shelter advice centre, Citizens Advice or other independent advice agency in your area.
