Guidance for Appointment of an Independent Referee in Local Connection Disputes

Introduction 

These procedures and guidelines concern the situation where, under Part VII of the Housing Act 1996, a local housing authority considers that the conditions for referral of a homelessness application to another local housing authority are met and notifies the other authority accordingly, but the authorities cannot reach agreement. 

The statutory framework for resolving such disagreements is set out in the Housing Act 1996, which provides that where agreement cannot be reached between the notifying authority and the notified authority, the question must be determined by a person appointed by those authorities acting independently of them. 

Further guidance on the statutory framework is set out in Chapter 10 of the Homelessness Code of Guidance for Local Authorities. 

Where authorities cannot resolve a disagreement, they may jointly appoint an independent referee to determine whether the statutory conditions for referral are satisfied. 

Use of an independent referee may assist authorities to resolve disputes without recourse to the courts. However, where agreement cannot be reached and no determination is obtained, authorities may need to consider legal remedies. 

The notified authority should therefore ensure that the matter is brought promptly to the attention of an appropriate senior officer. 

To assist authorities, the LGA maintains a panel of independent referees. Authorities remain responsible for selecting and appointing a referee. The LGA does not appoint referees and is not involved in the determination of disputes. 

Steps to Obtain Information on Referee Appointment 

The following steps describe how authorities may request information from the LGA regarding the appointment of an independent referee. 

1. Where the notifying authority has contacted the notified authority and there is disagreement as to whether the conditions for referral are met, the notifying authority may contact the LGA by email at: [email protected] 
2. The email should not contain sensitive information regarding the case. A suggested template email is provided below. 
3. The LGA will respond with information about the referee appointment process and provide details of referees on the independent panel. Authorities may then contact a referee directly to agree appointment. 
4. Once appointed, both authorities must agree to be bound by the referee’s decision, subject to any applicable review provisions, including the apportionment of fees and expenses which should be paid promptly. 
   The referee’s jurisdiction is limited to determining whether the statutory conditions for referral are satisfied. 
5. Following appointment, the conduct and management of the determination process will be a matter for the referee and the participating authorities, in accordance with the Homelessness Code of Guidance for Local Authorities and relevant legislation. 
6. Following appointment, the referee will correspond directly with the authorities to set out the process and timetable, including the closing date (normally 14 working days) for written representations from both authorities. 
   Although not a direct party to the dispute, the applicant and or their advocate may submit representations within 10 working days of receiving the authorities’ submissions. 
   The notifying authority will be required to advise the applicant that the dispute has been referred for determination by an independent referee. 
7. Where the notified authority has not responded to the notification or subsequent correspondence, the LGA may assist by contacting the authority through its regional networks to bring the matter to the attention of an appropriate officer. 

Authorities should indicate in their email if this situation applies and they require assistance in contacting the other authority. 

Example Email 

Please check the full guide below 

Contact 

If you wish to request further information regarding the appointment of an independent referee, or if you have any queries, please email: [email protected] 

Sensitive case information including personal information should not be sent to the LGA, as the LGA does not participate in the dispute determination process.