You can apply as homeless to any council in Scotland. You do not need to have a local connection to the area.

You cannot be forced to go to another Scottish council.

In some cases, the council can refer you to a council in England or Wales if you have a local connection there. You can appeal the decision within 21 days.

When the council can check if you have a local connection

The council can only check for local connection after they’ve decided that you're unintentionally homeless.

Even if they think you have no local connection, they must take a homeless application and offer you temporary accommodation while they look into your situation.

What local connection means

Local connection means that you or someone in your household either:

• lives or has lived in the area

• has family in the area

• works in the area

• needs to stay in the area because of special circumstances – for example, to get specialist healthcare

Living in the area

The council must accept you have a local connection if you’ve lived there for at least:

• 6 months in the last 12 months

• 3 years in the last 5 years

They can decide to accept that you have a local connection even if you’ve lived there for less time.

Family in the area

If you have family in the area who are not in your household, they usually must have lived in the area for at least 5 years.

Family members are:

• parents, including step parents

• children, including step children

• grandparents

• siblings

• aunts and uncles

• nephews and nieces

• married partner or civil partner

If you and the family member had a parent-child relationship, but not by blood or through marriage or civil partnership, the council should still take this connection into account if:

• the person raised you as their child

• you raised the person as your child

Working in the area

Working includes part-time and self-employed work.

Casual or occasional work may not count. The council should consider how often and for how long you've worked in the area.

When you can be referred to another council

The council cannot refer you to another council in Scotland unless you agree to it.

You could be referred to a council in England or Wales if:

• you do not have a local connection to the council where you’ve applied

• you have a local connection to a council in England or Wales

They must tell you in writing which council they’re referring you to and why.

You should not be referred to another council just because you have family there.

The council cannot refer you to an area where you, or someone in your household, would be at risk of domestic abuse.

If you've recently received refugee status

The council should not refer you to a council in England or Wales even if:

• you were staying in Home Office accommodation there while your asylum application was processed

• you stayed there in temporary accommodation for a short time

If you've stayed in England or Wales for a while after leaving Home Office accommodation, the council might say you have a local connection there.

Appealing a local connection decision

You can appeal the decision within 21 days by asking for a review.

Contact a Shelter Scotland adviser before asking for a review. They can work out if you have a strong case and help you get the right evidence.

What happens if you’re referred to another council

You can stay in your temporary accommodation until the new council has accepted your case and offered you temporary accommodation there.

You should not have to start your homeless application again. The new council should accept the first council’s decision that you’re unintentionally homeless.