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Applying for citizenship

We are unable to give immigration advice as under UK immigration law, organisations can only provide this if they are registered with the Office of the Immigration Services Commissioner (OISC). Details of specialist immigration organisations can be found on our important links and organisations page.

 

Aim of this page

The aim of this page is to set out the process of applying for citizenship and how your criminal record may affect the success of your application.

Why is this important?

Naturalisation is not an entitlement and a decision can only be made to grant you citizenship if you can demonstrate that you satisfy certain legal requirements and the Home Secretary thinks it right to naturalise you.

The criteria will differ depending on your circumstances but it’s important to know what your chance of success will be. The process can be expensive and, if your application is refused, you will not receive a full refund.

Do you qualify for citizenship?

If you’re married to or the civil partner of a British citizen

You should meet the following legal requirements before you apply:

  • Are aged 18 or over when you apply
  • Are married to or the civil partner of a British citizen on the date of application
  • Are of sound mind, so that you understand the step you are taking
  • Can communicate in English (or Welsh or Scottish Gaelic) to an acceptable degree
  • Have sufficient knowledge about life in the UK
  • Are of good character
  • Have lived in the UK for a minimum of 3 years before you apply and meet the residence requirements.

If you’re NOT married to or the civil partner of a British citizen

You should meet the following legal requirements before you apply:

  • Are aged 18 or over when you apply
  • Are of sound mind, so that you understand the step you are taking
  • Intend to continue to live in the UK, or to continue in Crown service, the service of an international organisation of which the UK is a member or the service of a company or association established in the UK
  • Can communicate in English (or Welsh or Scottish Gaelic) to an acceptable degree
  • Have sufficient knowledge about life in the UK
  • Are of good character
  • Have lived in the UK for a minimum of 5 years before you apply and meet the residence requirements.

EEA nationals

If you’re a national of a country which is a member state of the EEA or Switzerland, or the family member of such a person, you will automatically have permanent residence status for any continuous period of 5 years. You should apply for a permanent residence card to prove that you hold that status before applying for citizenship. You can find further information on EU nationals coming to and staying in the UK.

Will a criminal record affect your application?

If you have received a conviction in the UK or overseas, within the relevant sentence threshold you are unlikely to receive citizenship and your application fee will not be fully refunded. There will be a check with the police and other authorities so you’ll need to disclose details of all your convictions, both spent and unspent.

Similarly, if you have been charged with a criminal offence and are awaiting trial or sentencing, it is advisable not to make any citizenship application until the outcome is known.

Notes:

  1. A suspended prison sentence will be treated as a “non-custodial offence, or other out of court disposal that is recorded on a person’s criminal record”. The exception is where the sentence is subsequently ‘activated’.
  2. Sentences imposed overseas will normally be treated as if they occurred in the UK.
  3. A single, non-custodial sentence may be disregarded providing it did not occur in the final 12 months of your residential qualifying period, if there are strong mitigating factors which would suggest that you are of good character in all other regards and the decision to refuse you citizenship would be disproportionate. Offences involving dishonesty, drugs, violence or sexual offences would not be disregarded. Drink driving offences, driving uninsured or disqualified would also not be disregarded.

The Windrush scheme

If you arrived in the UK between 1948 and 1971 and do not have documentation confirming your immigration status, you may now face difficulties in proving your right to work and to access the benefits and services to which you are entitled.

In early 2018, the Government set up the Windrush scheme to assist Caribbean nationals to navigate the immigration system and apply for citizenship. The Windrush scheme applies to:

A person in the UK

  • A Commonwealth citizen who was either settled in the UK before 1 January 1973 and has been continuously resident in the UK since their arrival or has Right of Abode.
  • A Commonwealth citizen who was settled in the UK before 1 January 1973, whose settled status has lapsed because they left the UK for a period of more than 2 years, and who is now lawfully in the UK and who has strong ties to the UK.
  • A child of a Commonwealth citizen parent, where the child was born in the UK or arrived in the UK before the age of 18, and has been continuously resident in the UK since their birth or arrival, and the parent was settled before 1 January 1973 or has the Right of Abode (or met these criteria but is now a British Citizen).
  • A person of any nationality, who arrived in the UK before 31 December 1988 and is settled in the UK.

A person outside the UK

  • A Commonwealth citizen who was settled in the UK before 1 January 1973 but who does not have a document confirming their Right of Abode or settled status, or whose settled status has lapsed because they left the UK for a period of more than 2 years.

Is a criminal record going to cause a problem?

A statement issued by the Home Office has confirmed that a number of Caribbean nationals who came to the UK between 1948 and 1971 would not qualify for citizenship because they failed to meet the ‘necessary good character requirement’ due to committing criminal offences.

We’re keeping a close eye on how criminal records might be affecting people applying through the Windrush scheme. If you have any experiences, do let us know.

Discuss with others

Read and share your experiences on our online forum.

Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here.

More information

  1. For practical information – More information on coming to (and staying) in the UK
  2. To discuss this with others – Read and share your experiences on our online forum
  3. Questions – If you have any questions about this you can contact our helpline.

Get involved

Help us to add value to this information. You can:

  1. Comment on this page (below)
  2. Send your feedback directly to us
  3. Discuss your views and experiences with others on our online forum

Travelling to the UK

Aim of this page

This information sets out details of the visa application process for travelling to the UK and in particular, how your criminal record may affect your ability to get a visa.

Why is this important?

A visa to enter the UK can be expensive and fees are usually non-refundable if your application is refused. Therefore, if you have a criminal record, it’s important to have a good understanding of whether your application is likely to be successful.

General rules for entry clearance

The following text is taken from Theyworkforyou:

Applicants for entry clearance and those applying to remain in this country are checked for UK criminal convictions.

Those seeking permission to enter the UK will normally be refused if they have previously been convicted of a criminal offence punishable by at least 12 months imprisonment.

A person may be refused permission to stay on the basis of his character, conduct or associations or if he represents a threat to national security.

Entry clearance officers will take account of any available local intelligence about a person’s criminal activities overseas, but the agency does not have access to foreign governments’ criminal records.

Visiting the UK

Do you need a visa?

The UK Border Agency have a useful tool on their website which will help you ascertain whether you need a visa to travel to the UK. This often depends on which country you are travelling from, and why you are travelling.

If you do not need a visa, you shouldn’t encounter any difficulties in relation to your past criminal convictions. However, if you are concerned, you should contact the UKBA.

Applying for a visa

The UK Border Agency considers applications for permission to enter or stay in the United Kingdom through their visa services around the world. Visit their website to apply for a visa to come to the UK.

Application form

On the application form(s), the questions are:

Do you have any criminal convictions either in the UK or overseas (you must include spent and unspent convictions as well as traffic offences)?”

In the guidance notes, it states:

Please give details of the date and place (country) of the offence and what you were convicted of. Please state what sentence you received. To assist your application, you may want to supply documentary evidence of the conviction (e.g. the official record) detailing the crime you were convicted of and the sentence you received.”

A further question is:

Have you ever been charged in any country with a criminal offence for which you have not yet been tried in court (including traffic offences)?”

The Declaration section states:

I am aware that it is an offence under the Immigration Act 1971 (as amended) to make a statement which I know to be false, or not believe to be true, in order to obtain a visa/entry clearance to the UK. I am also aware that my application will be automatically refused and I may be banned from going to the UK for 10 years if I use a false document, lie or withhold relevant information. I may also be banned if I have breached immigration laws in the UK. I am further aware that should I use a false document, lie or withhold relevant information my details may be passed to law enforcement agencies.”

Supporting documents

UK Criminal Record

If you received the conviction when you were previously in the UK, you can apply for a Subject Access Request (this costs £10) from the Police Force where you last resided in the UK. You should speak with the Data Protection Officer in the relevant police force (or visit their website) for more information about this.

Overseas Criminal Record Certificate

From April 2015, the Home Office introduced a new ruling requiring applicants to provide an overseas criminal record certificate from any country they have lived in continuously for 12 months or more over the past 10 years.  The requirement will be introduced in phases and will start with Tier 1 (Investor and Entrepreneur) applicants and their adult dependants.  By starting with a small category of applicants the Home Office believe that they will be able to successfully monitor and evaluate the implementation of the policy. This requirement will apply to all applications submitted on or after 1st September 2015.

From March 2017, the requirement to provide a criminal record certificate was extended to Tier 2 (General) applicants coming to work in education, health and social care sectors and their adult dependants. You can only apply for a Tier 2 (General) visa if you’ve been offered a skilled job in the UK and you’re from outside the European Economic Area and Switzerland.

A criminal record certificate will be required for applicants working in:

  • Education, for example teachers, education advisers and school inspectors
  • Healthcare, for example nurses, doctors, managers, pharmacists, dentists, ophthalmic opticians
  • Therapy, for example psychologists, speech and language therapists
  • Social services, for example social workers, managers, probation officers.

You can find the full Standard Occupation Classification Codes here.

Certificates will also be required from partners applying from overseas, on or after 6 April 2017 who want to join an existing Tier 2 (General) visa holder working in one of the above sectors.

The requirement may be waived where it is deemed not “reasonably practicable” to obtain a certificate, such as if a country or authority does not produce such documents.

Updated policy guidance on Tier 1 (Investor) and Tier 1 (Entrepreneur) was published in April 2016. For questions or enquiries please refer to the UK Visa and Immigration.

Refusal on the grounds of criminal convictions – Immigration rules part 9

The following information is extracted from the Gov.UK website, making reference to the Immigration Rules.

Grounds on which entry clearance or leave to enter the UK is to be refused

Paragraph 320(2) of the Rules states that an application should normally be refused if:-

The person seeking entry to the United Kingdom:

  • is currently the subject of a deportation order; or
  • has been convicted of an offence for which they have been sentenced to a period of imprisonment of at least 4 years; or
  • has been convicted of an offence for which they have been sentenced to a period of imprisonment of at least 12 months but less than 4 years, unless a period of 10 years has passed since the end of the sentence; or
  • has been convicted of an offence for which they have been sentenced to a period of imprisonment of less than 12 months, unless a period of 5 years has passed since the end of the sentence.

Where this paragraph applies, unless refusal would be contrary to the Human Rights Convention or the Convention and Protocol Relating to the Status of Refugees, it will only be in exceptional circumstances that the public interest in maintaining refusal will be outweighed by compelling factors.

Paragraph 320(18A) of the Rules states that an application should normally be refused if within the 12 months prior to the date on which the application is decided, the person has been convicted of or admitted an offence for which they receive a non-custodial sentence or other out of court disposal that is recorded on their criminal record.

Paragraph 320(18B) of the Rules states that an application should normally be refused if in the view of the Secretary of State:

  • the person’s offending has caused serious harm; or
  • the person is a persistent offender who shows a particular disregard for the law.

Paragraph 320(19) of the Rules states that an application should normally be refused if the immigration officer deems the exclusion of the person from the United Kingdom to be conducive to the public good. For example, because the person’s conduct (including convictions which do not fall within paragraph 320(2), character, associations, or other reasons, make it undesirable to grant them leave to enter.

Personal experience

An example of the problems that a criminal record can bring when travelling to the UK can be highlighted by the story of Beth Chapman (wife of Dog the Bountry Hunter, Duane Chapman) who was forced to pull out of a series of Celebrity Big Brother when a shoplifting conviction from the 1980’s led to her receiving a custodial sentence in the USA. Visit the Metro to read the story in full.

Below you will find links to useful websites relating to this page.

More information

  1. For practical information – More information on housing in the UK
  2. To discuss this issue with others – Read and share your experiences on our online forum
  3. Questions – If you have any questions about this, you can contact our helpline

Get involved

Help us to add value to this information. You can:

  1. Comment on this page (below)
  2. Send your feedback directly to us
  3. Discuss your views and experiences with other on our online forum
  4. Share your personal story by contributing to our online magazine, theRecord

 

 

Travelling while on a community order

There is no general exclusion from travelling abroad whilst serving a community order.

However, travel abroad may, in practice, not be feasible due to the requirements of the community order, e.g. a curfew, regular unpaid work or supervision. If you require a variation to these requirements in order to travel abroad (for example, rearranging a meeting) then you will need to seek permission from Probation.

There may also be a specific prohibition as part of the community order that stops you from travelling abroad. If you are in doubt, you should contact your offender manager.

Travelling abroad while on licence

Aim of this information

This page aims to set out the approach of Probation to travelling abroad and highlights some cases where individuals have successfully challenged their Probation Officer’s decision to refuse them permission to travel.

It forms part of our section on travelling abroad.

Why is this important?

It is likely that you will face restrictions on travelling abroad whilst being supervised on licence in the community. Licences include a standard condition that you must not travel outside the United Kingdom without obtaining the prior permission of your supervising officer which will be given in exceptional circumstances only.

It is important to understand how Probation will view your intention to travel abroad and the options open to you if you are refused permission prior to making any definite plans.

What is meant by abroad?

The key thing to do in this situation is to check your specific licence conditions. The standard licence condition is “not travel outside the United Kingdom, the Channel Islands or the Isle of Man without the prior permission of the responsible officer”

Whilst on licence, you can travel freely within the United Kingdom – this includes England, Wales, Scotland and Northern Ireland. The Channel Islands includes Jersey and Guernsey. Added to the Isle of Man, these represent three Crown Dependencies.

However, this does not extend to those countries which the United Kingdom has sovereignty over, including 14 British Overseas Territories. British Overseas Territories include Bermuda, the Cayman Islands, the Falkland Islands and Gibraltar. Being independently administered jurisdictions, none form part of the United Kingdom, although the UK government government manages their foreign affairs and defence and the UK Parliament has the authority to legislate on their behalf. As such, if you wish to travel to any of these whilst on licence, you will need to seek permission first.

The approach of Probation

Guidance on the Probation Service’s decision-making process in allowing temporary travel abroad while on licence is contained in Probation Instruction 20/2012.

Each Probation Area should also have their own approach towards travel abroad. For example, we obtained a copy of the London Probation Trust’s policy as it was in January 2011.

Steps to take

  1. Check your licence conditions to see whether you are prevented from travelling abroad. If you are not allowed to travel, you will need to seek permission from your Probation Officer.
  2. Speak to your Probation Officer about the best way to seek permission. Ideally, whilst you may be able to approach your Probation Officer informally in the first instance, you will probably need to put your request in writing, asking for a response in writing. This way, if you are refused, you will at least be provided with reasons why. Before asking for permission, you should refer to the above Probation Circular to help you to make your case for why you should be allowed temporary permission to travel abroad. You should also ask your Probation Area if they have a copy of their own policy that they can provide you with. Some may just rely on the Probation Circular, whereas some may also have their own policy.
  3. If you are refused permission, you will then need to go through the Probation Services Complaints Process.
  4. Once you have exhausted this process, you have the option to challenge the decision of the Probation Service by means on Judicial Review. This is a court process which as an individual you can do yourself without being legally qualified. However, you may wish to enlist the services of a solicitor to help you.

Successful cases

An Unlock client challenged the decision of Probation to refuse him the ability to travel abroad whilst on licence.

In brief, he was granted permission in February 2009 to travel abroad for employment, on certain terms, including advising the purpose of proposed trips, the intended destination(s) and when back in the UK. He then obtained work and received a very significant income, enabling him to establish a business employing several staff. Between February 2009 and May 2010, the probation service acknowledged on several occasions that he was utilising the permission properly and that he had fully complied with its terms. However, in May 2010, citing the same ‘guidelines’ that applied at the time of the permission, the probation service abruptly withdrew their permission for him to travel.

If a government department acts unreasonably or irrationally, you can ask for a ‘judicial review’ in the courts and so he started these proceedings against the probation service. The individual was successful in his application for interim relief. This means that he is able to travel abroad in connection with his employment until his case is heard in full. The Probation Service managed to get the courts to reject the application on the papers, and reverse the interim permission to travel. The individual therefore applied for an oral hearing. At an oral hearing, permission was granted for a full judicial review. The Probation Service finally capitulated and signed a consent order permitting the individual concerned to travel abroad. The procedure is as follows:

  • The purpose of proposed trip(s) and the intended destination(s) are sent;
  • Probation advise within five working days of any reasonable objection;
  • Subject to no objection, Probation are sent travel dates and accommodation address(es);
  • Probation are notified of any minor logistical changes;
  • Probation are notified when back in the UK.

Although this case was dealt with by consent, the individual was concerned to avoid any future issues and so obtained a court order. It therefore sets a precedent for future cases. Nevertheless, it is an exceptional case because a) the individual, although British, had lived and worked abroad for nearly twenty years and b) Probation originally granted permission but then revoked it some time later with no apparent justification. It does, however, show that Probation, when pushed, will give someone permission to travel abroad whilst on licence. This individual succeeded because he demonstrated that Probation’s policy was irrational and because, despite the procedural difficulties, he would not give up.

“My probation trust has just granted me permission to travel abroad for business purposes. My application was for travel to The Netherlands, returning the same day (business meeting). My index offence is a s.20 wounding and I still have about 4 months of licence. I applied about 3 weeks ago and it took this long to get a decision (it went all the way up to the regional direction) and it took a bit of chasing from my end”

Resettling abroad whilst on licence

We often get queries from people who would like to move abroad when they are released from prison. It is not easy to move to another country while on licence. There is no automatic right to do this. HMPPS has published guidance – this is regularly updated, so a direct link is not possible, but the guidance should be available from here.

Supervision on licence is part of a sentence. Although you’re not in prison, the time on licence is still part of your sentence given by the court. This means that HMPPS, through the probation officer are responsible for supervising you. Breaking the conditions on the licence can mean going back to prison. All licences include a condition that the address must be approved by the probation office and any proposed change to the address – even for one night – must be approved by the probation officer.

Usually you must spend some time in the community in the UK on licence before you can be considered for resettlement overseas. This is so there is time to assess any risk of reoffending and ensure they can keep to the licence conditions. It is very rare for someone to be allowed to leave the country straight after release. This will usually only happen if you have been released under exceptional compassionate circumstances. In some rare cases the Parole Board might approve a release abroad as part of the resettlement plan. In a situation where someone was being resettled abroad, they would be expected to report at least once to the probation office so that the licence could be explained to them.

In deciding whether to grant permission, the probation services will look at whether there are close family or other ties (such as living somewhere else for a long time). Secondly, they will assess whether the offence has any connection with the country you want to go back to. Thirdly, they look at whether moving abroad would reduce the risk of reoffending . If the probation officer believes that a move abroad would be likely to increase the risk of harm or reoffending then the application will be refused.

Any request to live abroad would have to be signed off by a chief executive of a Probation Trust and then be confirmed by the Secretary of State. However, the Secretary of State has given this authority to governors (for determinate sentenced prisoners) and the Public Protection Casework Section in HMPPS (for indeterminately sentenced prisoners).

The licence still remains in force while someone is abroad. It will expire at the usual licence expiry date, and will be a life licence for people on a life sentence. If you come back to the UK during the licence period, you should let the probation service know within 2 working days. If you return to the UK during the licence period, the licence will still be in force.

Personal experiences

The personal story below has been posted on theRecord, our online magazine.

Getting permission from probation to travel to my brother’s wedding whilst on licence – Mia explains what steps she took when her Probation Officer refused her permission to travel overseas to attend her brother’s wedding.

Getting permission from probation to return overseas to my husband and family – Rosie explains how building a good relationship with her Probation Officer enabled her to move overseas with her husband.

Discuss this with others

Read and share your experiences on our online forum.

Key sections include:

Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here.

  • National Probation Service – The National Probation Service is a statutory criminal justice service that supervises high-risk offenders released into the community.

More information

  1. For practical information – More information can be found on our travelling abroad sectio
  2. To read personal stories – You can read stories about this posted on theRecord, our online magazine under the tag travelling abroad while on licence
  3. To discuss this issue with others – Read and share your experiences on our online forum
  4. Questions – If you have any questions about this, you can contact our helpline.

Get involved

Help us to add value to this information. You can:

  1. Comment on this page (below)
  2. Send your feedback directly to us
  3. Discuss your views and experiences with others on our online forum
  4. Share your personal story by contributing to our online magazine.

This page was last fully reviewed and updated in April 2017. If you’ve spotted something that needs updating, please let us know by emailing the details to advice@unlock.org.uk

 

Travelling abroad

There are four main ways that a criminal record may cause you difficulties when travelling abroad.

Firstly, some countries have entry restrictions. For example, you may have to apply for a visa. There is a useful website for those looking to travel or live abroad. If you are travelling to a particular country, you can search their entry requirements, and most will have links to their respective Embassy. If a particular country requires a Visa for you to travel, you need to look at whether there are any questions about criminal convictions, or whether having a criminal record makes you ineligible to apply for a visa. We have more details of some of the more common countries we receive enquiries about here. Otherwise, it will be a case of making enquiries to the relevant country’s Embassy.

Secondly, if you are on licence, it will normally be a condition of your licence that you cannot travel abroad, and you will therefore need to seek permission from Probation before doing so, otherwise you risk breaching your licence. There is detailed information about this here.

Thirdly, if you are currently serving a non-custodial sentence (e.g. a community order), whilst normally there are no restrictions on travelling abroad, if your travel interferes with elements of your community order (for example, if you need a variation on the meetings that you have, or when you carry out your community payback), then you will need to seek permission from Probation. More information about this can be found here.

Fourthly, if you have been convicted of sexual offences, it may be that you are subject to specific notification requirements before travelling.

Please note: Foreign countries are not obliged to follow the provisions of the Rehabilitation of Offenders Act 1974. However, it is open to a country to recognise a particular conviction as being spent, depending on what their own process is.

Getting help with housing

Top tips

  • There are quite a lot of services in prison and outside which help people to find somewhere to live
  • Housing problems are not always easy to sort out – allow lots of time, and keep going back till you get something sorted out
  • It’s better not to go to lots of different organisations for help at the same time
  • If you think that someone has ignored an important fact about your situation, tell them, or ask how to appeal against their decision

Introduction

It is well understood that housing problems cause huge difficulties for people who have convictions, and that a lack of housing gets in the way of people being able to move forward with their lives and leave their offending behind them. Sadly, this does not mean that it is made easy for people with convictions to find somewhere to live, though in some areas there have been big efforts put in to improve matters.

There are some very good arrangements made in a few prisons to help people, such as a monthly session which all local housing providers come to, and befriending and through the gate services which meet people before release from prison and help them to find a place to live, and take them there on release. There are also organisations outside prisons helping with finding and keeping housing.

Getting help in prison

Housing advice services

There should be a housing advice service in every prison. These are run by organisations such as Shelter, Nacro, St Giles Trust, Foundation, St Mungo’s, or Depaul UK.

They are likely to be in the prison every week, but not every day. In most cases, you need to book an appointment with them. They may ask if you want an appointment if you have said at induction that you will probably have nowhere to live on release. Otherwise, it is up to you to request an appointment. It is worth doing this at least 6 weeks before you are due to leave.

A few housing advice services have prisoners working with them. They have been trained to help other prisoners, and usually do things like helping them to write letters or to fill in forms. They can be a good source of information for other prisoners who need help with housing.

Citizens Advice staff often work in prisons and can advise prisoners about their housing rights, how to end a tenancy, or how to find somewhere to live, though they are usually benefits experts rather than housing experts.

Resettlement officers

Often, resettlement officers build up quite a lot of knowledge about housing on release.

Drugs workers

People in the drug teams (DART or Integrated Drug Treatment Service teams) may have links to local housing services, and it is often part of their role to help people leaving prison to sort out their housing problems.

Other agencies

Other groups may help with housing as well as other issues, such as church groups and voluntary organisations. Look out for their leaflets in prison, or ask your Offender Supervisor or Manager if these groups help with sorting out housing problems.

Mentors, befrienders, and through-the-gate schemes

These are all schemes aimed to help prisoners to cope when they leave prison. The scheme may help with finding housing and plan to give the person support for a while after they leave prison. It’s possible that a mentor or befriender may be someone who has been an offender themselves, and now wants to help other offenders with practical help and advice. Through-the-Gate schemes do help with housing, and will arrange to meet prisoners at the gate when they leave, and will take them to their accommodation, or to get help with finding somewhere to go if they have not yet got anywhere to live.

Getting help in the community

Probation services

Probation teams may bring in housing advice services to their offices, to help people with housing problems. The service is likely to be available on particular days of the week in each probation office, and appointments may need to be made in advance. Some provide advice over the phone or through Probation Officers. Some areas fund other organisations to provide this service – for example, in Kent the Kent, Surrey, Sussex Community Rehabilitation Company has three contracts to provide ‘accommodation, aid and advice‘ service.

A few Probation Trusts have links with private landlords or with supported housing organisations, and also have rent deposit or bond guarantee schemes to help people get started in private rented properties. Support from a Probation Officer to say that you are able to manage a tenancy is useful, particularly if the Probation Officer can say they will give you support and help you if there are any problems.

Youth Offending Teams or Services

Most Youth Offending Teams have someone who takes the lead on helping to solve housing problems, or acting as a link with housing experts.

Council Housing Options, Housing Advice, or Homelessness services

Your local council must offer you advice if you are homeless or think you might become homeless. They have a duty to prevent people becoming homeless. They should see anyone who is actually homeless (without a roof over their head) on the day that they ask for help. For anyone who thinks they may become homeless, the council should make sure you see someone before you do lose the accommodation you have now, as long as it is within 4 weeks of the date when you think you will lose the accommodation.

Council services will ask about your history – where you have lived and why you left there – and what your needs are. If you need somewhere to live urgently, supported housing may be the only quick solution. Not all supported housing is in hostels, and more is now self-contained. Staff there will help you to find long term accommodation, and support if you need it.

Council services may offer you a list of hostels and Bed & Breakfast, but they are expected to do more than this to help you find somewhere you can stay, and somewhere that is suitable to your needs.

More and more Councils have put their housing advice services into Customer Services Centres. If the general help that a Customer Services person is giving you is not likely to help you to find somewhere to live when you need it, ask to see someone who is more of a specialist. Find the details of your local council here.

Drug services and Drug Intervention Programme teams

Drug treatment providers are not usually experts in housing but they should be able to refer you to someone who is. A few DIP teams have a housing or resettlement worker, and they usually have very good links with housing providers. Recovery centres and other places and support groups used by people who have had drug or alcohol problems will also link people into housing services, and may provide some help to sort out housing issues.

Other advice services

There are Citizens Advice Bureaux in every major town and city, and some in smaller places too. They are not housing experts but have very good information about how to solve housing problems, and about housing and benefit rights. Other advice services may exist in your area – ask at the library or at the council where you can get the help you need, or use one of the websites below:

  1. Advice Guide
  2. Shelter
  3. Legal Advisor Finder

Shelter has offices for the whole of England and Wales. It also has a helpline (0808 800 4444) which is open 8am-8pm Monday-Friday and 8am-5pm Saturday-Sunday (calls are free from UK landlines and main mobile networks).

Nacro has a Resettlement Advice Service offering confidential advice for serving or former prisoners, and other ex-offenders. Nacro itself provides a number of housing services across the country. The phone line is open Monday to Friday 9am-5pm on 0300 123 1999 or you can e-mail helpline@nacro.org.uk.

Housing – Going into prison and preparing for release

Top tips

  • Hang on to your home if you have one before going into prison if at all possible – it can be pretty hard to find housing if you have nowhere to go when you come out
  • Tell staff at induction you are ‘No Fixed Abode”, if you have nowhere to go when you come out – don’t hide this, as it’s probably making things much more difficult for you
  • You don’t have to tell your landlord if you have gone into prison, but this can be extremely useful
  • It is your responsibility to tell the prison that you are paying rent and need to do something about your tenancy while you are in prison
  • You need to tell the housing benefit office that you want to claim housing benefit (for up to 13 weeks for a short sentence, or up to 52 weeks on remand) and your address has changed
  • If you can’t pay the rent while you are in prison and want to end the tenancy, you will need to tell the landlord
  • People on remand may be able to claim benefits to cover mortgage interest, but not sentenced prisoners
  • Start paying off rent arrears when you get into prison, as it will help your case when you are looking for somewhere to live
  • Housing advice staff are there to help you – request an appointment with them at least 6 weeks before you are due to leave prison
  • Housing advisers or other people working in prisons can help with all the things that need doing to either make sure you keep your home, make sure you end a tenancy without getting into rent arrears, or plan to have somewhere to live when you come out

As soon as you go into prison

It is not necessary to tell your landlord that you are in prison, but it is a good idea, so that the landlord does not think you have moved out or abandoned the property. If the landlord thinks you have moved out, and has no way of contacting you, he or she may start eviction proceedings without you knowing.

The prison should do a housing needs assessment within 4 days of the person going into prison. You will need to tell the person doing it:

  • Whether you have a home where you need to keep paying rent (or the mortgage), so that you have a home to come out to
  • The address of the home you were living in before you came into prison
  • Who you rent it from, or if you own it, who you pay mortgage payments to
  • Whether there is anyone else living there who could pay the rent or mortgage – for example your partner, a son or daughter or other family member, or a lodger or sub-tenant
  • If you do not think you will have anywhere to live when you come out
  • Personal details such as National Insurance number and any other names you might have used in the past

If you do not think you will have anywhere to live when you come out of prison, start the action when you go into prison. There are two important things to do right at the start of the sentence:

1. Tell the person who fills in the Housing Needs Assessment at induction that you will probably have nowhere to go when you leave prison. This should mean that someone from a housing advice service that runs in the prison gets in touch with you before you are due for release, to offer help to find somewhere to live.

2. Get your name on the council waiting list for the area you want to live in. The advantage of this is that if there are problems with your application, you’ll find out in good time, and can do something about the problems

  • Rent arrears: If there are rent arrears, start paying off the rent arrears whilst you are in prison
  • Poor behaviour as a tenant in the past: Write to the council or housing association to tell them about work you have been doing in prison to learn how to be a good tenant. This might be a course called something like “Trusted Tenant” or “Practical Housing Units” or “Good Tenant training”, or you could include work you might have been doing as a peer mentor within the housing advice service.

Keeping your tenancy

If you have a home of your own when you go into prison, it is important to try to hang on to it so you have a home to go to when you come out. This means that you need to make sure the rent is paid for the time that you in prison. You are treated as though you are away from home temporarily, as long as you intend to return to your home.

Whether you can get benefit to pay the rent depends on how long you are going to be in custody, and who else is living in the property.

Benefits

If you are a housing association or private tenant who is facing a prison sentence or a period on remand, then there are some important issues that you need to consider regarding your tenancy and any housing benefit claim that you have.

Few problems should arise if you hold your tenancy with another person. If your housing benefit claim ends due to the length of your sentence (see below), the other joint tenant can become the claimant (depending upon their eligibility), if they are not already so. You would need to inform your landlord and the housing benefits department about this and any other change in circumstances. If you hold the tenancy in your name alone, you can continue to claim housing benefit for a certain period of time depending upon the nature and duration of your detention (see below)

People on remand

Anyone going into prison on remand can usually get Housing Benefit to pay for their home for up to 52 weeks (1 year), as long as:

  • They are expected to pay rent for their home and were on benefit just before going into prison
  • They are not expected to be in prison on remand for longer than 52 weeks
  • There is no-one else in the home who could claim Housing Benefit to pay the rent (someone else who usually lives there and is not a sub-tenant)
  • The person intends to go back to that home when they leave prison

This will not happen automatically. The housing benefit office needs to be sent a change of address form. This is called the Notification of remand in custody form (HCTB6) and it needs to be sent to the local council’s housing benefit office within 14 days of going into custody. The form tells the housing benefit office that you are in prison, intend to return to your home on release, and do not have any income whilst you are in prison. The council has discretionary powers to extend this period in exceptional circumstances. If you then receive a sentence for a period which takes you over the limit for eligibility for housing benefit (see below) your housing benefit entitlement will cease on the date you are sentenced.

Sentenced people

Anyone going into prison for less than 13 weeks can usually claim housing benefit while they are in prison, as long as:

  • They are expected to pay rent for their home and were getting Housing Benefit just before going into prison
  • They are not expected to be in prison for longer than 13 weeks (so it could be sentence of just under 26 weeks)
  • There is no-one else in the home who could claim housing benefit to pay the rent (someone else who usually lives there and is not a sub-tenant)
  • The person intends to go back to that home when they leave prison

A form must be filled in to let the Housing Benefit office know that you have changed your address. This is the Change of status/custodial sentence (HCTB7) form, which is used when someone goes into prison for the first time. It can also be used for someone who was on remand just before but now has a sentence of less than 26 weeks, so their status is different. It should be sent to the housing benefit office within 14 days (at most) of receiving the sentence. The form tells the housing benefit office that you are in prison, intend to return to your home on release, and do not have any income whilst you are in prison.

For people with a sentence of less than 12 months in prison, if they qualify for Home Detention Curfew (HDC), it is possible that they may be released within 13 weeks. HDC allows prisoners serving sentences, which would otherwise take them over the 13 week period to remain eligible for housing benefit. If entitled to HDC, a person with a sentence of up to 10 months could still keep their housing benefit claim provided that the time spent in prison is not extended, e.g. with a 10 month (40 week) sentence you serve 20 weeks, which is made up of 12 weeks in prison and then 8 weeks on HDC (i.e. at home), therefore keeping you within the 13 week limit away from home. The HCTB7 form must be filled in at the start of the sentence. When released on HDC, the form to fill in is the HCTB8 Release from Custody/Change of Circumstances.

This form should also be sent to the housing benefit office if there is any change in the home, for example that someone who was living there has moved out, or the tenancy has been ended by the landlord (using a court order).

Paying the rent while in prison if you were not on benefit before going in to prison

If you were not claiming housing benefit before you went into prison (for example, because you were working and earning too much to qualify), you may become entitled once you are in prison, for up to 52 weeks on remand or for a sentence of less than 26 weeks. You will need to write to the housing benefit office for a claim form, or you could ask for one from a prison housing adviser, or download one from the DWP website.

Deciding to give up your rented home

If you are sentenced to more than 26 weeks (6 months) in prison and have no income, and there is no-one else staying in your home who could pay the rent, you may have little choice but to end your tenancy. The alternative is to tell the landlord that you will repay the arrears when you are released, but this could be a lot of money to find:

  • If the rent for a one person flat is £70 a week, the amount owed after 6 months would be £1,820, and after a year would be £3,640
  • If the rent is £85 a week, the amount owed after 6 months would be £2,210 and after a year would be £4,420

Building up big rent arrears can stop people being able to be housed in the future, whether it is a council, housing association, or private tenancy.

The options are to:

  • Rent out the property – if the tenancy agreement allows that
  • Ask a family member to stay in the home and pay rent
  • End the tenancy

If the tenancy is to be ended, it is usually necessary to give 4 weeks’ notice to the landlord. If you are on housing benefit, it needs to be claimed for the notice period. This is usually possible if you have been claiming before going into prison. The form to fill in is HCTB8 Release from Custody/Change of Circumstances.

If the tenancy is ended, it may be possible to get a council or housing association landlord to agree to re-house you when you leave prison. You must ask for this agreement to be put in writing by the landlord.

If you have lost your tenancy for whatever reason and you have not arranged with the landlord to store or remove your furniture, the landlord when taking the property back will remove and dispose of the goods either immediately or after a short time in storage.

Keeping your owner-occupied home

The mortgage can be paid while in prison, if you are on remand for up to 52 weeks (1 year) or on bail. Income Support, Pension Credit or income-related Employment and Support Allowance should cover the interest on the mortgage, but not the capital. You must also tell the lender that you will not be able to pay the full amount due whilst in prison, and get them to agree to accept interest-only payments for a while.

There are no benefits to cover mortgage costs if you have been sentenced.

If you cannot pay the mortgage whilst in prison, the options are to rent out the home, or give up ownership of the property.

Remember that your gas, electric, water and council tax accounts require attention whilst you are away from home. Council tax benefit could remain payable depending upon the length of remand or sentence.

Planning to go back to the home after prison

If the house or flat is going to be kept for you to return to, some things have to be thought about, as well as whether the rent or mortgage can be paid:

  • Security: Does the property look as though someone is still living there? Is the place secure, so that it is not easy to break into? If a break-in does happen, can you call on someone to go and get repairs done, to make it secure again?
  • Insurance: Are belongings insured, in case of a break-in or damage?
  • Fuel and other bills: Is the fuel still switched on, and will you be able to pay for gas and electricity whilst you are in prison, or when you come out?
  • Does the property look as if it has been abandoned? It is a good idea to ask a friend or relative to call into the place, and check that the property is okay. It is also important that the post is sent on to you, so that any letters from the landlord (or lender) are dealt with quickly.

If you are likely to have nowhere to live when you leave prison

If you do not think you will have anywhere to live when you come out of prison, it’s important to tell someone this right at the start of the sentence. The main problems that people face are:

Rent arrears

Owing rent to a council or housing Association could mean that they refuse to let you go onto their list or to get an offer of a property. Paying off the arrears, even at the rate of £1 a week, could mean that the debt is cleared before you leave prison, or that the council or housing association see that you are serious about paying your rent and debts. Most councils and some housing associations will let someone go onto their list, and be offered a property at some point, if they have made a regular payment for at least 12 weeks. Most prisons have an arrangement for collecting £1 a week from earnings whilst in prison and paying off arrears outside the prison. Check if the prison will set this up. You might also need to check that it continues if you move between prisons.

A history of anti-social or criminal behaviour

Councils and housing associations will often refuse to house someone, or to let them go on their waiting list, if they have a history of anti-social behaviour or have been convicted for an offence which makes them seem a bad bet as a tenant – for example, dealing in drugs from their house, criminal damage, burglary in the local area, or making loud noise in the house. For some of these type of behaviour, it may be possible to show that you have changed your behaviour or learnt about what being a good tenant means through some of the things you have done during your prison sentence to reduce the possibility of re-offending. Some prisons run courses for prisoners on being a good tenant. If you have done one of these courses, a letter to the council or housing association about what you have learnt and how it will change your behaviour in the future would be a good idea.

There’s more information about what you can do to find somewhere to live on release in main housing section.

Get advice

The most important step to take is to make an appointment with someone who gives housing advice in the prison. There are more details here.

Getting a mortgage

Aim of this information

For many people owning their own home is something to aspire to. Renting can be seen as ‘lost money’ as you’re likely to pay the same in rent as you would for a mortgage but never own your own home. Renting can provide you with less security than owning your own home and may mean that you’re unable to make any alterations that turn a house into a home.

If you have an unspent conviction, then getting a mortgage or associated insurance product can cause problems and this information sets out how to deal with some of these issues.

It forms part of our information section on housing.

Why is this important?

Under the Rehabilitation of Offenders Act 1974, ‘spent’ convictions do not have to be disclosed to banks, building societies or mortgage brokers, irrespective of what questions they ask. However, if your conviction is ‘unspent’ then you will need to disclose it if you’re asked to do so.

Knowing what you legally need to disclose will ensure that you get the best mortgage for your needs and that you don’t run the risk of having your mortgage agreement or any insurance policy invalidated.

Obtaining a mortgage with a criminal record

Many mortgage experts say that it’s impossible to get a mortgage if you have a criminal record. However, in our experience, if you shop around you may be able to find one.

If your conviction is spent under the Rehabilitation of Offenders Act 1974, then legally, you do not need to disclose any information about previous cautions and/or convictions and, a lender will not be able to take them  into account when deciding whether to offer you a mortgage.

To work out whether your conviction is spent you can use our Disclosure Calculator.

Disclosing information about an unspent criminal record

The onus is on the lender to ask you about your convictions or criminal record. If they ask, then you are bound by a ‘legal declaration of truth’ and you must answer all questions accurately and truthfully.

If you’re asked about convictions and you fail to disclose one that is unspent then this could potentially lead to a further conviction if you were found to have lied. Also, if the lender were to find out, your mortgage agreement could be invalidated as well as any insurance policy connected to it.

You should bear in mind that it’s possible that a solicitor or mortgage broker who handles mortgage transactions may pass on information about your criminal record to the mortgage lender. The Law Society recommend that solicitors should pass on any ‘material facts’ to a lender.

What questions do lenders ask?

The majority of lenders will ask about criminal records. The questions vary, but some examples we’ve seen include:

Have you ever been convicted, or have any prosecutions pending for any criminal offence (other than motoring offences)?”

or

“Have you or members of your family, or anyone normally residing with you, been subject to any declaration of bankruptcy, been convicted of, received a police caution for, or charged with (but not yet tried for) an offence (other than driving offences)? (Please note, convictions spent under the terms of the Rehabilitation of Offenders Act 1974 do not need to be disclosed). If Yes: please give details”

The first question is quite broad and suggests that you have to disclose spent convictions as well as unspent. However, under the Rehabilitation of Offenders Act, you do not have to disclose spent convictions and so if your criminal record is entirely spent, you would be entitled to answer “no”.

Some lenders will ask you to provide details of addresses over the past six years. If you’ve spent any significant periods of time in prison, this could flag up gaps in your address history and may mean that you’ll need to disclose your criminal record, even if you’ve not specifically been asked about them.

An example taken from an mortgage application form

Applying to a mortgage provider directly

One option when applying for a mortgage is to apply directly to a lender. We have set out below a table listing the questions that some mortgage providers ask in relation to convictions.

In putting this table together, we’ve looked at guidance provided to mortgage brokers (intermediaries) by the mortgage companies, which sets out their ‘lending criteria’. This advice is designed to help mortgage brokers understand whether a particular mortgage provider would accept a particular client. However, many of the big mortgage companies have specific sites for brokers which are not accessible to the public.

Many lenders offer applicants the chance to apply for an ‘in principle’ mortgage which often doesn’t ask about criminal records. However, when you go on to complete the full application form, you will normally find that the lender will ask you to provide details of any unspent convictions, so be prepared!

Mortgage Providers

If you come across any differences to what’s in the table, or you have experience of a particular lender and the question they asked or how they dealt with a criminal record, please let us know by emailing advice@unlock.org.uk

Applying for a mortgage via a broker

For many people, the easiest way to apply for a mortgage is through a mortgage broker. If you’re upfront and honest with the broker about your criminal record, they’ll be able to concentrate their efforts on finding you a lender whose criteria you meet. Many brokers will have dealt with other customers who have a criminal record and should be quite knowledgeable about where your application is likely to be the most successful. Brokers must be registered with the Financial Conduct Authority.

What happens when you disclose unspent convictions?

Each lender will have their own lending criteria and the majority will deal with the disclosure of any unspent convictions on a case by case basis.

We are always keen to hear about the experiences of individuals who have applied for a mortgage with a criminal record as it helps us to improve our information to others. Let us know how you get on by emailing advice@unlock.org.uk.

What checks do mortgage companies do?

Mortgage companies do not generally check criminal records. They do not have access to the Police National Computer, and usually rely on the information you provide on your application form.

If a mortgage company wanted to get official confirmation, they could ask you to provide them with a basic disclosure, which would reveal unspent convictions.

The majority of lenders will do credit checks and will also check the CIFAS Register to check for any issues relating to fraud, money laundering or other financial crimes.

Most lenders will refuse anybody who has a poor credit rating as they need to be confident that you will be able to repay the loan. They will need to see evidence of stable employment, whether you’ve been able to repay loans in the past and whether you’ve had arrears for mortgage or rent.

Checking the information lenders hold about you

You are able to ask a lender to provide you with the details of all information they hold about you under the Data Protection Act. This is referred to as a subject access request and costs £10.

Insurance

For people with unspent convictions getting household insurance such as buildings and contents can be difficult. For a mortgage provider, buildings insurance is usually a requirement of them giving you a mortgage.

Some mortgage providers offer insurance alongside their mortgage product. You are not required to take this insurance, and particularly if you haven’t had to disclose your conviction to a mortgage broker, you may want to source your own cover separately. We have a list of insurance brokers that may be able to assist you.

Discuss this with others

Read and share your experiences on our online forum.

Key sections include:

Below you will find links to useful websites relating to this page. More specific details including addresses and telephone numbers) of some of the organisations listed below can be found here.

  • Association of British Insurers (ABI) – The ABI provides consumers with general information on insurance and savings products
  • Financial Ombudsman – The Financial Ombudsman is the UK’s official expert in helping individuals sort out problems with banks, insurance and pensions
  • Money Advice Service – The Money Advice Service provides free and impartial money advice
  • Money Supermarket – Money Supermarket have a range of useful guides on their website relating to a range of financial products.
  • Compare the Market – Compare the Market have a range of useful articles and a mortgage eligibility calculator to help you work out how much you can borrow.

More information

  1. For practical information – More information can be found under our section on housing
  2. To read personal stories – You can read stories about this posted on theRecord, our online magazine, under the tag housing
  3. To discuss this issue with others – Read and share your experiences on our online forum
  4. Questions – If you have any questions about this, you can contact our helpline.

Get involved

Help us to add value to this information. You can:

  1. Comment on this page below
  2. Send your feedback directly to us
  3. Discuss your views and experiences with others on our online forum
  4. Share your personal story by contributing to our online magazine, theRecord

This page was last fully reviewed and updated in January 2017. If you’ve spotted something that needs updating, please let us know by emailing the details to advice@unlock.org.uk

 

 

 

 

Homelessness – General

Aim of this page

The rules around homelessness can be quite complex and the aim of this page is to provide some general information about the criteria you’ll need to meet to be deemed homeless or at risk becoming homeless and what help you’ll be able to get from your local council.

It is part of our information on housing.

Why is this important?

It’s important to know that not everybody who is homeless or at risk of becoming homeless is entitled to accommodation. However, everybody is entitled to advice from the housing service.

If you’re at risk of becoming homeless, you’ll need to get some help and advice at the earliest possible opportunity as it can take some time to organise emergency accommodation.

Homelessness – the basics

  • You can apply to the council to request somewhere to live if you’re homeless or you’ll be homeless within 8 weeks. How much help you’ll get will depend on your individual circumstances.
  • You don’t have to be sleeping on the streets to be considered homeless. You can apply for help even if you have somewhere to live but it’s not suitable. For example, if you’re staying on a friend’s sofa or your home is overcrowded.
  • You can apply for help if you’ve been given a valid section 21 eviction notice which ends within 8 weeks.
  • It’s worth applying for help even if you’re not sure you’ll get it – councils have to make decisions on a case by case basis.
  • If you’re not a British Citizen, applying for homeless help could affect your right to stay in the UK. You may want to seek legal advice before applying to your local council.
  • If you’re aged 16-17 or you’ve currently been living in care, social services will usually have to help you with housing.
  • If you can’t stay in your home because of violence, threats or any other abuse, you can apply for homeless help.

Are you eligible for help?

You will usually be eligible for help if:

  • You’re a British or Irish citizen living in the UK.
  • You’re an EEA national living and working in the UK.
  • You’ve been given exceptional leave to remain in the UK, or indefinite leave to enter or remain, or are a refugee who was granted asylum and came here before April 2000.

If you’re not from the UK or you’re a British Citizen and recently returned to the UK, the rules are complex. It’s best to get some further advice from your local Citizen’s Advice Bureau.

Are you legally homeless or threatened with homelessness?

You’re deemed to be legally homeless if:

  • You have nowhere to live in the UK or abroad.
  • You have a home but you can’t access it – for example, if your landlord has unlawfully evicted you by changing the locks.
  • It wouldn’t be reasonable for you to stay in your home – for example, because of violence, poor conditions or you can’t afford it.
  • You have nowhere you can keep your home because it is moveable – for example, it’s a caravan or house boat.

You’re classed as threatened with homelessness if:

  • You have to leave your home within 8 weeks.
  • You’re given a valid section 21 notice to leave your home and the notice ends within 8 weeks.

What help can you get?

If you qualify for help the council will first check if they can help you find a new home if you’re already homeless. If you’re threatened with homelessness, they’ll see if they can help you stay in your home.

You’ll usually be given help for 8 weeks. if you’re threatened with homelessness and have become legally homeless you’ll get help for another 8 weeks. You’ll be given help to find a new home.

The council has to work with you to put together a written housing plan, saying exactly how they’ll help you stay in your home or find a new one. For example, if you’re threatened with homelessness, they might be able to negotiate with your landlord so you can stay in your home. If you’re already homeless, they might be able to give you a deposit to get private rented housing.

If the council can’t help you to stay in your home or find you a new one, they’ll check if they can give any other help. This might be finding you emergency housing which could be bed and breakfast accommodation or hostel accommodation.

Certain public authorities have a duty to refer individuals who are homeless or at risk of becoming homeless to the relevant local authorities where the individual has come from:

  • Prison
  • Young offender institution
  • Secure training cetnre
  • Secure college
  • Young offending teams
  • Probation providers (CRC’s and NPS)

If you’re leaving any of the above, you should be referred to a local council for a housing assessment.

Are you in priority need?

You’ll be in priority need if you’re

  • The main carer for a child – this will usually include a child aged 16 to 18 if they’re in full-time education or training.
  • Pregnant or living with someone who is.
  • Homeless because of an emergency – for example, a fire or flood.
  • 16 or 17 and you’re not living with your family and social services can’t help you.
  • 18 to 20 and you are living in care.

You will also be in priority need if it would be more difficult for you to cope with being homeless because of your needs. This is known as being ‘vulnerable’. You might be vulnerable for example because of a disability or old age.

Have you made yourself intentionally homeless?

The council won’t usually be prepared to help with longer-term housing if they believe that you’ve made yourself intentionally homeless. This includes if you:

  • Give up a home you could have stayed in for no good reason.
  • Refused to make rent or mortgage payments.
  • Made arrangements with someone to become homeless – for example, getting family to evict you when you didn’t have to move out.
  • Were evicted because of noise, damage to your house, drug dealing or violence.

Do have a local connection?

The council will only have to provide you with housing if you have a local connection. The council will accept that you have a local connection to your area if:

  • You’ve been resident in the area for at least 6 of the last 12 months or 3 years of the last 5 years.
  • You have close family in the area.
  • You have a job or you’re in the armed forces in the area.

Being in prison or on bail in the area does not qualify as having a local connection. It is unlikely that a stay in supported housing in the area would qualify you either.

If you have no local connection with the area, and you are in priority need and not intentionally homeless, the council which you have applied to as homeless can send you back to an area where you do have a connection, but not if you would be at risk of violence wherever you lived in that area. If you have no local connection with any area then you can apply to any local authority.

Challenging a homeless application decision

If you disagree with the council’s decision about your homeless application you should challenge it by asking for a review. You can ask for a review of most decisions, including if:

  • The council says they don’t have to help you with housing.
  • If the council says they can’t give you help to keep your home or find a new one.
  • If you’re not happy with your housing plan.
  • The council says you don’t have a local connection.
  • You think the housing you’ve been offered is unsuitable.

You’ll normally have to request a review within 21 days of getting your decision. The council may provide you with housing whilst they review their decision but you’ll need to ask for this when you request your review.

Discuss this with others

Read and share your experiences on our online forum.

Key sections include:

Useful links

Below you will find links to useful websites relating to this page. More specific details (including addresses and telephone numbers) of some of the organisations listed below can be found here.

  • Crisis – Offer help to anybody who is homeless or been homeless in the previous 2 years,
  • Shelter Run a national helpline and provide online advice for people facing a housing crisis.
  • Centrepoint – The UK’s leading charity for homeless young people.

More information

  1. Practical self-help information – We have information on housing.
  2. Discuss the issue – Read and share your experiences on our online forum.

Get involved

Help us to add value to this information. You can:

  1. Comment on this information below.
  2. Send your feedback directly to us.
  3. Discuss your views and experiences with others on our online peer forum.
  4. Share your personal story by contributing to our online magazine, theRecord.

Supported housing

Top tips

  • Supported housing can be provided in a hostel, or ordinary flats or houses, and it can be short or long term accommodation
  • Support is aimed at helping people to learn the skills needed for living in their own place eventually as well as managing their stay
  • Staff may be there all the time or only part of the time, so it’s important to look for a scheme that has the type of staff support that you want
  • Most councils have a directory of supported housing on their website but may also have a booklet with all this information
  • In some places, all applications to get into supported housing have to go through the Council, and have more chance of success if someone like a Probation Officer supports the application
  • If it is necessary to have an interview before a place can be offered, these can take place in prison, before release, and sometimes can be done by phone or by video link
  • Supported housing schemes mostly have rules about who they will house and who they will not usually house
  • Charges for supported housing can usually be covered by Housing Benefit, but there is almost always an extra charge for food and other things that HB does not cover.
  • The BASS scheme offers accommodation for people leaving prison as a way of leaving earlier than they might otherwise

Introduction

In supported housing, you are offered accommodation and support, and must live in specific accommodation to receive support. The support is usually offered by the organisation managing the accommodation, but sometimes by a different organisation. The accommodation can be a room in a shared house or hostel with staff on site, a self-contained bedsitter or flat in a large building with staff on site, or it can be dispersed – an ordinary individual flat or house which has visiting staff. Staff may work office hours only, or there may be staff on duty 24 hours a day, or in the office during the day and sleeping on site at night.

Most supported accommodation is short term, either for short periods such as up to 3 months, or, as in most cases, for up to 2 years. It can also be permanent, but this is most likely in schemes for people with severe mental health problems, learning disabilities, or particular long term health problems. It is usually offered to single people only, but there are some schemes which offer accommodation to someone who needs support along with their family.

Supported housing often provides people with somewhere to live because they were homeless, but it can also be specialist accommodation for people who need help and possibly training to try to make sure they don’t become homeless in the future.

What sort of support is offered?

Housing support aims to help people to build ordinary living skills, while they are in the supported accommodation, and for the future, when people move on to independent accommodation. It could be about practical things – such as paying the rent, claiming benefits, or learning to cook or clean – or it can mean help to cope emotionally, with living with other people, or learning to manage a mental health problem or a drug or alcohol problem. The main purpose is to make sure that people learn how to hold down a tenancy of their own in the future.

Supported housing staff also help residents to learn how to use ordinary services like health services, leisure centres and libraries, and help people to make a start on getting a job, or going to college.

For people who have been through the criminal justice systems, support also means offering help to not re-offend, or to attend appointments with a Probation officer or Drug Intervention Programme worker.

Finding supported housing for people with a criminal record

Supported housing is mostly provided by not-for-profit (“voluntary”) organisations. Some supported housing is owned by the Council or a Housing Association, but often it is managed by a voluntary organisation.

Directories of supported housing can be found on almost all local Council websites, and on the following sites or numbers:

There may also be a list in a leaflet or booklet given out by the Housing Options or homeless service run by the local council.

Accommodation for people on bail, Home Detention Curfew or Intensive Alternative to Custody order

The Bail Accommodation and Support Scheme (BASS) offers supported housing for people who are on bail or Home Detention Curfew (HDC) but either do not have a suitable address, or need some extra support. You must have been bailed by the courts or released from prison, initially on an electronic tag, but this scheme is not used for anyone with criminal offences of a sexual nature, or for someone who comes with a high or very high risk of harm, to themselves or others. The accommodation is provided only while the person is on bail, HDC, or IAC.

The accommodation is usually provided in a shared house, with 2 or 3 people in the house, each with their own bedroom and shared communal space (kitchen, living room, and shared bathroom). Some accommodation is for 1 person only, which allows people to be reunited with their children for short periods of time. Living there with a partner is not allowed, though.

The houses and flats are furnished, with bedding, and there is a basic food and toiletries pack provided for the first day. There is also normally a pre-paid mobile phone.

How long you stay depends on what sort of order you are on, and what stage you move into this accommodation. It usually lasts till the trial date for bail, with a 7 day leeway if you are found not guilty. For someone on HDC, it lasts till the end of the order, again with 7 days to find somewhere else to live. In either case, at the end of the stay, Stonham staff will work hard to help to find other accommodation.

If people live in their own accommodation but need support, regular support visits can be arranged whilst people are on bail, HDC, or IAS.

To get a place in the BASS scheme, referrals are usually made by the Offender Management Unit or Through the Gate resettlement team in prisons, Probation Officer in courts  or Offender Manger in the community if someone is already on a tag but they cannot stay any longer where they have been living. For more information, visit https://www.nacro.org.uk/services/bass/nacro-bass or call 0300 555 0264 or 07423 434032.

Applying for supported housing

There are 4 main ways of getting a place in supported housing:

  • Applying over the phone
  • Applying using an application form
  • Someone else making a referral – they will usually need you to fill in an application, and will add their comments to that form, saying why you need a place in supported housing. The referral can be made by a Probation officer or DIP worker, social worker, an advice or support worker, or someone at the homeless service, but it can usually be made by any agency that is helping you to find the right place to stay.
  • Applying through a “gateway” run by the local Council – Gateways are systems where all applications for supported housing go through one team, usually at the Council. This means that only one application form has to be filled in, and the Gateway system organises a referral to only those schemes that would fit the needs of the person needing a space. Where there is a Gateway system, it is not usually possible to apply directly to the supported housing organisation instead of or as well as going through the Gateway. Some Gateways give priority to applicants who are supported by particular organisations, including the homeless team, Probation, Youth Offending Teams, and the team that is responsible for buying in substance misuse services.

Most supported housing schemes ask for an interview, either when you apply or when there is going to be a vacancy. You will usually need to provide information about where you have stayed before, and which organisations you are regularly in touch with, such as Probation or a drug or alcohol treatment service. Supported housing staff will need to know what level of risk there might be in offering you a room, and what help and support you will need to be able to stay there successfully.

For people in prison, it is quite possible to apply for supported housing before release. This can mean that a supported housing provider accepts the referral and agrees to house you when you are released, if there is a space at that point.

Why might you not get a place in supported housing?

The main reasons for not being able to get into a particular supported housing scheme are:

  • There are no spaces free at the moment
  • You do not fit the criteria for the scheme. For example:
    – The scheme is intended for people aged 16-25, and this person is 28.
    – The person has a mental health problem, and needs a lot of support, but this scheme offers only low level support, with staff only there during the day
  • You have stayed there before and left under a cloud

The most common problems which might stop people going back to a place where they had stayed before are that the person did not pay the rent or service charge there in the past, or that their behaviour meant that they broke the house rules.

Almost all supported housing caters for people who have a criminal record, but some may not offer to house someone who has committed particular crimes. Other reasons for not allowing someone with a criminal record to go into supported housing are linked to a concern about risk for other residents, visitors, neighbours or staff. This could be because:

  • They are known to be violent or to have been violent in the past
  • They have a conviction for setting fire to a building or other structure
  • They are known to have sold drugs
  • They have taken drugs or used alcohol in a way that has been very risky for other residents
  • They have allowed visitors in who have made the lives of other residents more difficult or risky

Another common barrier is that there may need to be a face-to-face interview with you, but the staff in the supported housing scheme do not have time yet to go to the prison to do the interview. In this case, it is worth trying to persuade them to do an interview over the phone or using a video link. There should be equipment for video links in all prisons. Another option is for the housing advice service in the prison to do the interview and collect detailed information from you, to help the supported housing service make a decision before release about whether they can house you.

Being accepted for supported housing does not mean that a space will always be available when the person is released from prison. Some supported housing schemes may keep a bed for a few days when someone is about to be released. In some areas, the council may pay for the bed to be kept for a person coming out of prison for a few days.

Paying for supported housing

Supported housing charges can mostly be met by Housing Benefit, but there is almost always part of the charge, known as a service charge, that is not covered by benefits. This pays for personal items, such as food, and for the communal areas. Service charges vary hugely from place to place.

For people who are working, or who want to get a job, or anyone else who cannot claim housing benefit, supported housing costs can be very hard to pay for. They are often much higher than the rent for an ordinary flat because the costs cover staffing, as well as furniture, heating and bedding etc. Some supported housing organisations have special arrangements to help people who are working to pay the costs above any housing benefit that can be claimed.

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