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Housing allocations policy Appendix 1

Local connection test

As per Section B/2.2, the following factors will be taken into account in determining whether or not an applicant has a local connection with the Walsall Council area. An application is awarded a local connection if an applicant or a member of their household included in their application qualifies under at least one of the following:

  • has lived in the Council’s area continuously for the 2 years immediately preceding their application and that residence was of their choice
  • has close family living in Walsall who have lived in the area for the 5 years immediately preceding their application and that residence was of their choice. Close relatives will include parents, adult children or biological brothers and sisters unless there are exceptional circumstances, and who are not estranged; or
  • has settled employment in the Walsall Council area. Employment is defined as paid employment for at least 16 hours or more per week for a continual period of at least 6 months and is not work that is considered to be temporary, casual or seasonal and to travel to work by public transport would take the employee more than 90 minutes each way and they do not have their own transport. See Section D/6 Note D. 

There are a number of exemptions to the local connection test. These are: 

  1. Where the applicant is owed a homeless duty by the Council. 
  2. All Care Leavers aged under 25 
  3. Where the Council has placed an applicant into temporary accommodation or a contracted supported housing scheme outside of the Council’s area. That period of time in such accommodation will count as residence in Walsall. 
  4. Where the Council agrees that there are exceptional circumstances requiring a move into the Walsall area. This will be decided on a case-by-case basis. Examples where circumstances may be considered to be exceptional include:
    1. Reasons of safety, for example when an applicant is fleeing domestic abuse or hate crime from another area, or 
    2. An applicant is on a witness protection programme, and the Council has agreed that a move to the Walsall area is essential. 
  5. The Council will consider any application from a gypsy or traveller household where the applicant may not meet the 2-year continuous period of residence rule, if the period has been broken by travelling. The facts of each case will be considered when deciding whether the rule should be waived. 
  6. Applicants who satisfy the right to move criteria. The Right to Move qualification regulations 2015 states that local connection qualification rules must not be applied to existing social tenants who seek to move from another Council district in England, and who have a need to move for work related reasons to avoid hardship. 
  7. Where at the date of application the applicant is not currently resident in the Walsall area whilst either: 
  • a) receiving medical or respite care 
  • b) serving a custodial sentence 

The applicant will be considered to have a local connection for residence as long as they had been living in the Council’s area for 2 continuous years prior to their current accommodation circumstances. 

  1. Members and former members of the UK Armed Forces and the Reserve Forces:
  • a) all members of the UK Armed Forces and UK Armed Forces Veterans 
  • b) bereaved spouses and civil partners of members of the Armed Forces leaving Services Family Accommodation following the death of their spouse or partner 
  • c) serving or former members of the Reserve Forces who need to move because of a serious injury, medical condition or disability sustained as a result of their service 
  • d) divorced or separated spouses or civil partners of Service personnel who need to move out of accommodation provided by the Ministry of Defence

For the purposes above, the terms ‘Armed Forces’ and ‘Reserve Forces’ are defined by section 374 of the Armed Forces Act 2006.

  1. Persons who qualify under Section C/6 Additional Classes of Persons who qualify to join the Register. 

The onus will be on the applicant to prove their continuous residence through official documentation as prescribed in a list published from time to time by the Council, demonstrating at least two years residency in Walsall. Though not exhaustive, the following documentation may be used to form proof of residency:

  • Housing Benefit records
  • Council Tax Benefit and Council Tax Reduction records
  • Council Tax records
  • Housing Services system records
  • Tenancy agreement
  • Utility bills (gas, electric, water)
  • Television license and telephone bills (landline only)
  • Full bank statements showing name, address and date of issue
  • Credit card statements
  • Department for Work and Pensions benefit notification letters
  • Educational establishment records
  • Any Council records which can legally be used for this purpose 

Medical cards, mobile telephone bills/statements, catalogue bills/statements and confirmation (both written and verbal) from Members will not be considered under any circumstances.