Where to apply

A homeless person, or someone threatened with homelessness, may have approached the social work department for advice in the first instance. The social work department may have accommodation duties under the Children (Scotland) Act 1995 [1] and possibly to some asylum seekers under the Social Work (Scotland) Act 1968. [2] However, the social work and housing authorities in Scotland are one and the same. The housing and social work legislation both refer to the duties of the 'authority'. This makes it rather difficult for the housing department to argue, for example in the case of an intentionally homeless applicant, that the duty is with the social work department and vice versa. [3]

In England, the House of Lords has held that it is lawful for a housing authority to refuse to provide permanent accommodation for a family it has deemed intentionally homeless, despite a request from the social services authority that they do so. [4] In Scotland however, the same reasoning cannot apply, as the housing and social work authority will be one and the same. [5]

A number of Scottish local authorities have transferred some or all of their housing stock, for example in Glasgow where the Glasgow Housing Association now manages the local authority's housing stock. With large-scale transfers to registered social landlords, those who are homeless or threatened with homelessness may decide to approach these landlords direct.

In such situations, the local authority still retains the statutory duties in relation to homelessness.  The duty to secure accommodation cannot be delegated to any other landlord and it follows therefore that any legal challenge should be directed at the local authority. [6] However, where a local authority has a duty to provide accommodation to a household assessed as homeless, it may request that a registered social landlord provides the accommodation. [7]

The 1987 Act does not limit the number of applications that can be made to the same authority, or the number of local authorities to whom an application can be made. An applicant may apply to different authorities and each authority must make its own inquiries. The second authority may take the original authority's decision into consideration but cannot simply rubber-stamp it. [8]

However, if a person has earlier been deemed intentionally homeless by another authority that person should not be considered intentionally homeless for all time. [9]

Different authorities may reach a different conclusions about the same case. An applicant who has been declared intentionally homeless in one authority may apply to another authority.

If the applicant is then found unintentionally homeless by the second authority, but without a local connection, the second authority can refer back to the first authority.  The authority where the applicant has been found to have a local connection must accept the second authority's decision. [10] It is open for the first authority to challenge the second authority's decision by way of judicial review. [11]

See also Multiple or repeat applications.