HRA - The duty to refer – S213B

From 1st October 2018 there is a duty imposed upon all specified Public Authorities to refer people they think may be homeless or threatened with homelessness for assistance to a local authority providing that the person gives their consent to the referral.

Who does this duty apply to?

Listed below is a list of ‘Specified Public Authorities’ within the:   The Homelessness (Review Procedure etc.) Regulations  2018 and these are detailed as follows:

  • Prisons (Public & Private)
  • Youth offender institutions
  • Secure training centres
  • Secure colleges
  • Youth offending teams
  • Probation services (community rehabilitation companies and national probation service)
  • Jobcentre Plus
  • Hospital A&E Services)
  • Urgent treatment centres
  • Hospitals (when providing in-patient treatment)
  • Social service authorities

The Secretary of State for defence (in relation to members of):

  • Royal Navy
  • Royal Marines
  • Army (regular)
  • Royal Air Force

How can a public authority make a referral?

A referral can be made by contacting the housing options team on 01543 462621 or online at .

Public authorities are not expected to conduct housing needs assessments as part of the section 213B duty to refer and all that is required is that the referring authority gathers as much information as is reasonably practicable.

Please note that a referral made by a public authority to the housing authority under section 213B will not in itself constitute an application for assistance under Part VII Housing Act 1996 (the homelessness legislation).

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