Release Accommodation
Released with nowhere to go? There are legal grounds.
Being turned out of the prison gates with no approved address is not just a housing problem — it is a legal one. Probation, the prison, and the local authority all have duties that can be enforced. We identify the grounds and set out what should happen next, in writing.
The duties that are supposed to apply
- Local authority duty to accommodate under the Housing Act 1996, Part 7 (as amended by the Homelessness Reduction Act 2017)
- Priority need assessment for people leaving custody (SI 2002/2051 as amended)
- Duty to refer under s.213B of the Housing Act 1996 — probation and prisons must refer 56 days before release
- CAS-3 (Community Accommodation Service Tier 3) up to 84 nights on release
- Approved Premises (AP) placements where risk requires them
- Article 8 ECHR considerations where family life or vulnerability is engaged
Where things typically go wrong
- No s.213B referral made, or referral made too late
- Housing options interview refused or superficial
- Priority need wrongly denied despite mental health, physical vulnerability, or care-leaver status
- CAS-3 refused without lawful reason
- Release into street homelessness where risk assessment requires an approved address
- Failure to consider Article 8 or Article 3 ECHR
What our written review gives you
- Statutory duty map for your case
- Named failings by authority (probation, prison, LA)
- Draft letters-before-action / pre-action protocol
- Escalation route (judicial review threshold)
- Immediate practical steps for the family
- Referral pathway to a housing/public-law solicitor
Get in touch
Facing release with no address?
Send us the release date, probation contact and any letters you've received. A senior reviewer will identify the legal grounds and next steps.
- • Reviewed by senior UK lawyers and barristers
- • Over 50 years of combined experience
- • Fully online — discreet and secure
FAQ