Other issues surrounding homeless applications

The Housing (Scotland) 1987 Act does not specify what form the application should take or if it should be in writing. Despite this many councils fail to deal with applicants unless they have completed an application form or proved their case. Applications can also be made on a person's behalf by a third party (for example, solicitor, social worker, housing aid worker). [1]

However the courts have drawn a distinction between an application and an inquiry, [2] and it has been held that 'an oral application must be conducted in such a way that it is clear that it amounts to an application'. [3]

The Code of Guidance makes it clear that no one should be refused the right to make an application and that no informal first screening of applicants is carried out by staff at reception or who answer general enquiries. [4] To avoid any confusion advisers should suggest that applicants make it clear that they are seeking assistance as a homeless person and an application in writing helps prevent any difficulties. The Code also highlights that those making the application may not be aware that they have a legal right to do so. It recommends that notices be clearly displayed indicating that applicants are entitled to an interview. [5]

The Code of Guidance advises that applicants should have the opportunity of having a friend or adviser attending the interview and being interviewed by someone of the same sex. [6] It also states that special arrangements should be made for those whose first language is not English or who have other difficulties in expressing themselves, [7] and for those who have suffered violence or sexual abuse. [8]

The Code also asserts that applications should be handled in a non-discriminatory way, at a minimum taking account of local authority duties under  under the Equality Act 2010 [9]

Local authorities must make reasonable arrangements to receive homeless applications and, especially in urban areas, should provide a 24-hour service. [10] This does not mean that smaller and rural local authorities can opt out of their responsibility in this regard.

A local authority may suggest that a young person, who has had to leave the family home, attend mediation to see if a reconciliation can be reached. An English Court of Appeal case determined that the local authority, while waiting to see whether or not mediation is successful, must not delay making inquiries, or a decision on the homelessness application. [11]