Challenging local authority decisions

This section looks at the ways in which an adviser could help someone affected by an adverse homelessness decision to challenge that decision.

Informal and formal mechanisms for challenge are included here, with a particular focus on judicial review. The role of the Scottish Public Services Ombudsman is also highlighted.

Preparation for challenges

This section contains information for advising clients who wish to challenge local authority decisions. 

Contacting the local authority

If a challenge to a decision of a local authority is being considered, it is important to contact the authority in the first instance. 

Request a review

Local authorities have a duty to establish a review procedure that applies in specific circumstances. These internal reviews are also often referred to as appeals. 

Preparing a review - checklist

When preparing a review it may be useful to go through the following points. 

Accommodation pending outcome of challenge

This page considers whether a local authority has to provide temporary accommodation to an applicant while a decision is being challenged. 

Judicial review

Judicial review is the means by which the courts supervise public bodies. It is not an appeal against a decision itself but a challenge to the way in which the decision was made. 

An appeal to the Ombudsman

This section outlines the role of the Scottish Public Services Ombudsman in challenging local authority decisions.