Complaints and legal action against the council if you're homeless
You can make a complaint to the council about how they dealt with your homeless application.
If making a complaint does not work, you can go to the Scottish Public Services Ombudsman or consider taking legal action.
Before making a complaint, check our advice on what to do if:
When to make a complaint
You could complain to the council if they did not follow the law or their own procedures when you asked for homeless help.
For example, you can complain if the council:
did not let you make a homeless application
told you to apply to a different council
did not give you temporary accommodation when you needed it
made you stay in unsuitable temporary accommodation for more than 7 days
discriminated against you or treated you badly when you made a homeless application
How to make a complaint to the council
Step 1: send a formal complaint
You can email or post your complaint. If the council has an online complaint form to fill out, make sure that you can save a copy.
Include any evidence you have, such as emails from the homeless team.
When you complain, tell the council:
what they did wrong
what effect it had on you or your family
the name and job role of the person you spoke to at the council, if you know
what you want them to do to put things right – for example, give you more suitable temporary accommodation or retrain their staff
The council must respond to your complaint within 5 working days.
You can use this letter template to help you make a complaint. Copy and paste the sample text and personalise it with your details. Delete anything that does not apply to you, and remove any instructions in bold.
Letter template: make a complaint about your homeless application
Subject: Homeless application complaint about <name of the council>
To the homeless team
I am writing to complain about how your team handled my homeless application.
I applied to the council as homeless on <the date or month that you applied>.
<Include the section below if the council did not take a homeless application>
When I first told the council I was homeless and in need of assistance, the homeless team did not take an application. This was in breach of section 28 of the Housing (Scotland) Act 1987.
<Include the section below if the council did not give you temporary accommodation - delete anything that does not apply to you>
When I told the homeless team I needed temporary accommodation, I was told that:
- there was no accommodation available
- I should stay with friends until they had accommodation for me
- the accommodation was very expensive, and I could not afford it
This was in breach of section 29 of the Housing (Scotland) Act 1987.
<Include the section below if you were supported by an agency or organisation, such as Shelter Scotland>
When the homeless team did take a homeless application and give me temporary accommodation, they only did this after intervention by <name of the organisation>.
<Delete anything that does not apply to you>
This meant I was forced to:
- sleep rough
- stay with friends or family
- stay in accommodation that was not safe for me
- pay for a hotel or B&B that I could not afford
This had an adverse effect on my <what impact this had on your health or personal circumstances>.
The person I spoke to was called <name of the person at the council and their job title if you know it>.
To resolve my complaint, I am asking you to <example: take a homeless application, apologise, retrain staff>.
Please confirm that you have received this complaint, and respond within 5 working days.
If I am unhappy with your response, I will consider making a stage 2 complaint and escalation to the Scottish Public Services Ombudsman.
<your name>
<your email or postal address>
You can also send the letter as an email attachment or through the post:
Step 2: ask for a final response
If the council does not reply to your complaint, or if you’re unhappy with their reply, ask them for a final response. The council may call this a stage 2 complaint.
It will be looked at by a different member of staff. They must respond to you within 20 working days.
Step 3: complain to the ombudsman
If you're unhappy with the council’s final response you can ask the Scottish Public Services Ombudsman to look at your complaint.
The ombudsman is a free independent service that resolves disputes and complaints. You must make your complaint to the ombudsman within 1 year of the problem starting.
Going to the ombudsman is not a quick solution. They can take several months before looking at your complaint.
Taking the council to court
If you think the council broke the law, you could take them to court. This is called a judicial review.
You must take legal action within 3 months of the council’s decision or action. You’ll need a solicitor’s help.
Contact a Shelter Scotland adviser if you’re considering taking legal action. An adviser can work out if you have a strong case and tell you what to do next.
Last updated: 25 July 2024
Housing laws differ between Scotland and England.
This content applies to Scotland only.