Are you in priority need?

This content applies to Scotland only.

Housing laws vary between Scotland and England. This page applies to Scotland only. Get advice relating to England

Unfortunately councils cannot provide permanent housing for everyone who is homeless. Instead they concentrate on finding homes for the people who need help the most. These people are known as being in 'priority need'.

When is someone in priority need?

People may be in priority need because it may be difficult for them to find suitable accommodation without help, or because they are vulnerable for some reason.

If one person in your household is in priority need, this means that the whole household will be considered to be in priority need.

You (or someone in your household) will be in priority need if:

• you are pregnant
• you are responsible for dependent children (this includes foster children, step children and adopted children. Dependent children are those aged 15 or under or those aged 16-18 who are still in full-time education or training. The children don't need to live with you all the time, for example you may share custody with a former partner)
• you are homeless because of an emergency, such as a fire, flood or other disaster
• you are 16 or 17 years old
• you are aged 18 to 20 and
  • have been in care or had a social worker, or
  • are at risk of being exploited financially or sexually, or
  • are at risk of misusing drugs or alcohol
• you are at risk of violence or harassment because of your religion, sexuality, race, colour or ethnic or national origin
• you are at risk of domestic abuse
• you are vulnerable and therefore less able to take care of yourself because you:
  • are elderly
  • are disabled
  • have a mental illness or personality disorder
  • have learning difficulties
  • have a chronic illness
  • have had a miscarriage or an abortion
  • have just left hospital, prison or the armed forces
  • have some other special reason that means you are vulnerable. This could include former asylum seekers who have just been granted refugee status or anyone who has been through a traumatic experience.

I'm in priority need - what happens next?

If the council decides you are in priority need, it will then have to look at how you became homeless and decide if you are intentionally homeless .

What if the council decides I'm not in priority need?

The decision letter

If the council decides you're not in priority need, it has to inform you in writing. The decision letter should explain:

• that the council has decided that you aren't in priority need
• why it came to this decision
• that you have 21 days to ask for a review of this decision.

If the reasons the council gives are wrong or unclear, get advice immediately. It is possible that the council hasn't looked into your situation properly.

What happens next?

The council has a legal responsibility to give you advice and assistance to help you find somewhere else to live. You will be allowed to stay on in your temporary accommodation while you look for somewhere to live.

Go to the section on other options if the council can't help to find out how to go about finding your own accommodation.

Can I get the council to change its decision?

If you think the council's decision is wrong, get advice quickly. If you want the council to review its decision, you have to request a review within 21 days of receiving the decision letter. An adviser may be able to:

• look into the reasons for the council's decision and help you work out whether you have a good chance of getting the council to change its decision
• help you put together the information you will need to provide for the review
• make sure the council provides you with accommodation until the review is completed
• help you to take the matter further if the council still refuses to help you
• help you find somewhere else to live if the council will not accept that you are in priority need.

Use the Advice Services Directory to find a housing aid centre, Citizens Advice Bureau or other independent advice agency in your area.