Homeless decisions the council can make
Appealing a homeless decision
You can appeal a decision about your homeless application by asking for a review.
You must do this within 21 days of getting the written decision. If you got the decision more than 21 days ago, you can still ask to appeal but the council do not have to agree to this.
Get advice before appealing the decision to make sure you have a strong case.
You'll only get 1 chance to appeal.
How to appeal
It’s best to send your appeal in writing. You’ll need to give evidence to show why the decision is wrong.
If you go in person you can bring someone to support or represent you. You have the right to an interpreter if you need one.
Get advice before appealing
Contact an adviser who can help you use the right evidence in your appeal. In some cases they can appeal on your behalf.
To get advice you could:
There's no time limit for the council to review the decision. You can usually stay in your temporary accommodation while you're waiting.
Evidence you can use
Look at the reasons the council gave for the decision they made. Find evidence that shows their reasons are wrong.
Check if they missed anything about how you became homeless. Include evidence of this in your appeal.
Evidence could include things like:
police incident reports about violence or harassment you've experienced
proof of your income and expenses to show your home was unaffordable
letters from doctors, social workers, debt advisers, or other services that explain why you could not stay in your home
Getting an appeal decision
The decision must be reviewed by someone at the council who both:
was not involved in the original decision
has a more senior job than the person who made the original decision
When a decision is made, the council must tell you in writing. They can send a letter in the post or give it to you in person.
The letter must explain if the original decision has been changed and why.
If your appeal was rejected, the council should give you some more time in temporary accommodation.
If you still disagree with the decision
In some cases, you could ask for a judicial review. This means a court will look at:
how the decision was made
whether the decision was made correctly according to the law
You can ask for a judicial review within 3 months of the review decision. You’ll need help from a solicitor to do this.
To understand your options, you could:
Asking for more time in temporary accommodation
You could ask the council for extra time in your temporary accommodation. This could give you time to find suitable permanent accommodation.
Intentionally homeless
If the council gave you an intentionally homeless decision and rejected your appeal, they must give you advice, assistance and a reasonable amount of time to find a home.
You can use this letter template to help you. Copy and paste the sample text and personalise it with your details.
Letter template: stay in temporary accommodation after intentionally homeless appeal refused
Subject: Request more time in temporary accommodation
Dear <council>
Following the council’s decision to refuse my appeal, I am writing to request more time in temporary accommodation.
My name is <your full name>, my date of birth is <your date of birth> and my current address is <your temporary address>. I appealed my ‘intentionally homeless’ decision, but my appeal was refused.
Due to <my health/my personal circumstances/lack of housing>, I have not yet been able to find alternative accommodation. I am therefore requesting more time in temporary accommodation to allow me a reasonable opportunity to find somewhere to live.
The Scottish Government Code of Guidance on Homelessness says that:
- 8.31: You have a duty to provide accommodation until I have had a reasonable opportunity to find alternative accommodation
- 8.32: You have a duty to give me advice and assistance in finding alternative accommodation
- 8.33: What counts as a reasonable opportunity depends on my circumstances and needs, and the availability of housing in my area
Please respond to this letter in writing to confirm your decision on extending my time in temporary accommodation.
Thank you
<your first and last name>
<contact number>
<the date you’re sending this letter or email>
You can also send the letter as an email attachment or through the post:
Not homeless or not eligible for assistance
If you were found to be not homeless or not eligible for assistance the council can ask you to leave temporary accommodation. You can try asking them for more time whilst you look for another home.
You can use this letter template to help you ask for more time. Copy and paste the sample text and personalise it with your details.
Letter template: request more time in temporary accommodation
Subject: Request more time in temporary accommodation
Dear <council>
Since my homeless decision, I have been looking for a new home as I’ve been asked to leave my temporary accommodation.
If I move out of my temporary accommodation by <date when you were told to leave> I will have nowhere to live. This is because <explain why, for example: I'm having difficulties finding a suitable property / I have found a new home but I cannot move in yet>.
Please extend my stay until at least <date> so that I have somewhere to live.
I hope we can come to an agreement so that I can find a new home and not have to <sleep rough/live somewhere where I am at risk>. This would put me at risk because <explain why, such as any health, safety or disability issues that would be worse for you and anyone that lives with you>.
Please confirm in writing if you'll allow me more time to find a new home.
Thank you
<your name>
<your date of birth>
<the address of your temporary accommodation>
You can also send the letter as an email attachment or through the post:
Last updated: 21 August 2024
Housing laws differ between Scotland and England.
This content applies to Scotland only.