Contacting the local authority

Local authorities should generally be offered the opportunity to change a decision, as the threat of further action is often enough to encourage them to take a closer look at a possibly suspect decision. In making representations to the local authority the role of the adviser can be crucial. Information and statements from all concerned should be logged carefully.

An initial phone call to the housing department official concerned may resolve the situation and clear up any initial misunderstandings. If it does not resolve the issue in the client's favour it will at least serve to clarify the issues concerned and get an informal perspective on the local authority's point of view. Any agreement reached during a telephone conversation should be recorded carefully by the adviser and followed up with a letter to the housing official concerned, confirming the content of the conversation. In some cases it may be appropriate to go 'up the line' to a more senior member of staff.

Advisers must keep in mind that some courses of action may have specific timescales that need to be met. Advisers should use their common sense and judgement to ascertain how long to continue negotiations. Where a client needs to seek a formal review of the decision this must be done within 21 days of the date the applicant is notified of the decision in question. [1] There will often be a point where further communication is fruitless and there will be a need to invoke the formal process.

An applicant for housing provided by either a local authority or registered social landlord is entitled to inspect any information they have provided in connection with his/her application. [2]

In addition an individual is entitled to access all personal information held in relation to them from any company or public body which holds such information if they request this in writing. [3] This must be provided within 40 days of the request being made.

The Freedom of Information (Scotland) Act 2002 can also be used to request information about the local authority's policies. For more information, please see the section on freedom of information.