This content applies to Scotland only.

Housing laws vary between Scotland and England. Get advice relating to England

Becoming homeless can be particularly traumatic if you have a family. This page looks at how the council can help you, and where you can get additional support.

What should I do if I'm homeless or about to become homeless?

If you have nowhere safe or permanent to stay or you are worried that you may become homeless, try not to panic. Help is available for you and your family.

Your local council has to offer you help if you are in this situation. To make a homeless application, you need to go the council's housing department or homelessness unit. If the council offices are closed, there should be an emergency number you can call to get help. The address of your nearest office and the emergency number should be listed in the Advice Services Directory or on your council's website.

You can find out more about how to make an application.

There are also several organisations in Scotland you can contact for help and support at this difficult time, including Shelter – see 'where can I get help and support' below.

What if I'm facing eviction?

Some people believe that if you have children, your landlord can't evict you from your home. Unfortunately, this isn't true. However, whether you rent from the council or a housing association or from a private landlord, your landlord can't throw you out over night. They must go through the correct procedure first, which can take time.

If your landlord doesn't go through the right procedure, or if they try to force you out by making your life uncomfortable or miserable, the eviction will be illegal, and you can call the police. You can find out more about harassment and illegal eviction.

To find out what your landlord has to do, first check your tenancy type, then go to the section on eviction to read more about the eviction procedure for your tenancy.

If your landlord is threatening to evict you, talk to an adviser at a Shelter advice centre or Citizens Advice. They may be able to delay or prevent the eviction altogether. Use the Advice Services Directory to find help near you.

Even if you haven't had to leave your home yet, you can go to the council to make a homeless application. If it's likely that you're going to become homeless within the next two months, the council should still accept your application, and may even be able to help stop the eviction happening.

How does the council decide what help to give me?

Unfortunately, the council can't offer a new home to everyone who appears to be homeless. There are several 'tests' you will need to pass before you will be eligible for a permanent home. You can download a flowchart that shows you how the tests work.

1. Are you homeless?

The first thing the council has to establish is whether or not you really are homeless. The council has a very precise definition of homelessness, and it may not be the same as your definition.

For example, you will be classed as homeless if you are staying with relatives or living in a hostel or bed and breakfast. Or you may still be living at home, but need to move out because of violence or abuse.

You will also be classed as homeless if your current home is not suitable for your needs. This could be the case, for example, if your home is too small for your family, or is in a bad state of repair and damaging your health or your children's health.

The council may suggest ways in which you can prevent homelessness, for example, by offering you mediation if you have fallen out with family members or neighbours, or by helping you negotiate with your landlord if you have rent arrears. You can find out more about mediation between families and neighbours here.

2. Are you in priority need?

People in 'priority need' are considered to be more vulnerable than other people, and so more in need of help to find accommodation. The council should consider you to be in priority need if you are pregnant or responsible for dependent children. This includes foster children, step children and adopted children. The children don't need to live with you all the time, for example you may share custody with a former partner.

There are many other circumstances which would make you in priority need, including domestic abuse and harassment from neighbours.

3. Did you become homeless intentionally?

Even if you are in priority need, the council can refuse to offer you a permanent home if it believes you deliberately did, or didn't do, something which resulted in you becoming homeless. Read the page on intentionality to find out more and talk to an adviser if you're not sure where you stand.

TIP! If the council has accepted that you are homeless because your home isn't suitable for you or you're escaping a violent or abusive situation, you can't be found intentionally homeless. Talk to a housing adviser if this happens to you - they can help you challenge the council's decision.

4. Do you have a connection to the area?

The final test you have to pass is local connection. This is to establish whether you have any link to the council's area, for example, because you live or work there, have family there, or receive specialist medical help there. If the council doesn't think you have any connection, it may refer you to another council where you do have a connection, although it doesn't have to. If this does happen, the council you're referred to has to find you a permanent home. You won't have to go through the homelessness tests again.

TIP! If you left an area because you were at risk of violence or abuse there, the council can't send you back.

Will the council offer me a place to stay?

When you make a homeless application to the council, it has to offer you a place to stay in temporary accommodation while it looks into your situation to find out whether or not you should be given a permanent home. You can find out more about the inquiries the council has to make.

Temporary accommodation may be in a house or flat, and, in certain situations, may be in a bed and breakfast. However, if you are pregnant, or have children, you should not be placed in a bed and breakfast unless:

• you are homeless because of an emergency, such as a flood, or fire
• you have specifically asked to be placed in an area where there is no other temporary accommodation available, for example to be near friends or family, or your child's school.

You can also be placed in a bed and breakfast if:

• you made your homeless application outside normal office hours, or
• the council does not have any suitable temporary accommodation for you.

However, you should not have to stay there for more than 14 days.

In addition, the council should try not to move you about while you're in temporary accommodation, unless this is absolutely necessary.

You don't have to stay in the accommodation offered to you by the council. For example, you can stay with friends or family instead. The council will still have to make a decision on your homeless application and offer you a permanent home if you are entitled.

You can find out more about temporary accommodation and what to do about storing your belongings and looking after any pets.

What if I pass the council's tests?

If you pass all the tests, the council will offer you a permanent home. This could be a council house or flat, or a tenancy with a housing association or private landlord, and can be located anywhere in the council's area. It may take a while for a suitable home to become available, but you will be able to stay in your temporary accommodation until your permanent accommodation is arranged.

What does the council have to think about when offering me accommodation?

When the council is arranging temporary or permanent accommodation for you and your family, it has to act in the best interests of your children. This means it has to make sure that the accommodation is suitable for your children. This could include:

• ensuring the accommodation is near their current school, or, if this is not possible, another suitable school
• if your child has any medical needs, ensuring the accommodation is near services that can help them
• trying to provide you with accommodation near to your family or other support networks, and your children's friends
• ensuring, if possible, that your children have a quiet place to do their homework and access to somewhere to play.

The homelessness officer should do their best to involve your children in the application process and find out what they want from their new home.

What if I don't pass the homelessness tests?

If you don't pass the tests and the council decides it can't offer you a permanent home, you will be allowed to stay in your temporary accommodation for a bit longer (at least 28 days from the date of the decision), to give you time to find your own accommodation. The council should help you find somewhere.

The council must tell you about its decision in writing. Show the letter to a housing adviser: if the reasons are not adequate or don't properly take into account your situation, an adviser may be able to help you challenge the decision.

A housing adviser can also go through your housing options with you and help you find somewhere else to live. For example, they may be able to help you get a deposit and advance rent for a flat. Use the Advice Services Directory to find help near you.

Can social work help me?

The housing department may refer you to social work if:

• it doesn't have a duty to help you (for example, because you failed one of the homelessness tests) but believes social work does, or
• it does have a duty to help you but believes social work can also help.

Social work has a responsibility to find accommodation for any child under the age of 18 who has does not have a suitable place to live. However, the type of help social work provides can vary because it is not defined in law. For example, social work might help you raise money for a deposit so you can rent a place.

TIP! The council should have a procedure in place to ensure that you aren't passed endlessly between the housing and social work departments, with neither taking responsibility for your case. If you need help dealing with social work, talk to an adviser at a Shelter advice centre or Citizens Advice. Use the Advice Services Directory to find help near you.

What if the council won't help me?

If the council won't help you or you find it difficult to deal with the council, call Shelter's free housing advice helpline on 0808 800 4444 or go and see an adviser at a Shelter advice centre, Citizens Advice, or other local agency. You can use the Advice Services Directory to find an agency near you.

The council may not be offering you the help the law says you should get. An adviser will be able to look at your situation and help you get what you're entitled to.

What happens about school?

Homelessness can be a disruptive and upsetting experience for children. It's therefore a good idea to talk to your child's teacher and let them know what's going on, so they can offer some extra help and support. For example, if your child doesn't have anywhere suitable to do their homework, their teacher may arrange for them to join an after school homework club.

If your child needs extra help because of the disruption caused by homelessness, they have a right additional support for learning. You can find out more about this from Enquire. There is also information specifically for schools on supporting homeless children on the homeless children website.  

If you are staying in temporary accommodation a long way away from your children's school, the council may help with travel costs.

If you are moving to a new area permanently, your children may need to change schools. To locate your nearest schools and find out more about them, visit the Scottish Schools Online website You can find out more about changing schools and how to make it easier for your children from Parentzone.

What financial help is available for parents?

The page on financial support for parents looks at sources of income that may be available, including benefits, tax credits, maintenance and help with health costs.

As well as claiming benefits, you may be able to get a community care grant, budgeting loan or crisis loan to help pay for essential items like furniture or household equipment and school uniform.

What if I'm pregnant?

If you're pregnant, you may be entitled to different benefits, help and support. Our page on housing rights and pregnancy has more information.

What if I look after a disabled child?

The page on caring for a disabled child in the carers' section has more information on what your rights are and where you can get help and support.

Where can I get advice and support?

There are many organisations providing help and support for families experiencing homelessness or living in temporary accommodation.

Shelter's advice centres and support services

A Shelter adviser can help you deal with the council when you make a homeless application. For example, they can help you negotiate with the council if your temporary accommodation isn't suitable for you or challenge the council if they turn down your application or offer you a permanent home that isn't suitable. They can also help you apply for benefits and social fund loans, or find a place to live if you can't get housing from the council.

Shelter also runs support services for families who are experiencing homelessness. Our housing support projects offer practical and emotional help for families moving from temporary to permanent accommodation. This can range from helping you furnish and decorate your new home to helping your children settle into a new school and cope with the effects of homelessness.

To find out about Shelter services in your area, call our helpline on 0808 800 4444.

The following organisations may also be able to help:

Aberlour

Aberlour helps vulnerable children and young people who need extra care and support. It has services across Scotland offering a range of services including befriending, family conferencing and help with parenting skills.

Barnardo's

Barnardo's runs over 60 projects in Scotland to support children, young people and families experiencing problems.

Children 1^st

Children 1^st runs various projects across Scotland that offer support and help to families going through difficult times. For example, different projects offer befriending services, counselling or help to deal with difficult behaviour and cope with stress.

Children 1^st also runs Parentline, a helpline for parents, on 0808 800 2222.

Home Start

Home Start volunteers offer emotional support and practical help to families who are feeling lonely, stressed or unhappy or are going through difficult times or finding it hard to cope at home. To find out more, call the free information line on 0800 068 63 68.