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Scotland

Preparing a review - checklist

Advice when preparing a homelessness decision review.

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

This content applies to Scotland

Obtain the housing file

Request a copy of the housing file from the local authority. This will show how the decision was made in respect to the application. The relevant sections of the Housing (Scotland) Act 1987 [1] and the Data Protection Act 1998 [2] can be used to obtain the file. However, the Data Protection Act may be of limited assistance, as authorities have 40 days to comply with a request for information under this Act. If the file is provided late or not at all, and this leads to unfairness, this may be held to be an error of law. However, an authority will not have acted unreasonably if it provides a file late and the file has no information relevant to the review. [3]

Key points and inquiries

Identify the key points in dispute and check whether the authority has considered all the relevant circumstances and made sufficient inquiries.

Gather evidence

Consider who may have evidence to support the client's case and where evidence (documentary or oral) may come from. Gather evidence to support the case. Fresh evidence will often need to be obtained in the form of letters or signed statements from family members or friends or acquaintances. Expert evidence may be needed from doctors, psychiatrists or other professionals. Put all relevant evidence to the local authority. An authority cannot be criticised for failing to take into account evidence that has not been put forward. [4]

Request an extension of time

If an adviser needs to make some relevant enquiries but lacks the time or resources to do so, they should tell the local authority what the enquiries are and why they may be relevant. If an extension of time is needed (for example to consider the housing file or to gather evidence) advisers should request it and explain why extra time is needed. The local authority can use their discretion to allow an extension and if agreed the adviser should seek to get confirmation of this in writing.

If necessary write a holding letter to the local authority stating, for example:

‘We write to request a review under s.35A of the Housing (Scotland) Act 1987, of your homelessness decision made on [5]. As part of this process we have requested information from [6] They have agreed to provide this information as a matter of urgency but to date it has still not been collated and sent to us.

We therefore request no review of the decision is undertaken until the full review submission has been prepared and sent to your team. We anticipate this being completed and submitted within the next 7 days.’

Check legal position

Check the legal position, in particular:

  • what the legislation says and whether it has been accurately applied and interpreted

  • the duties owed and whether they have been complied with

  • any relevant information in the Code of Guidance and whether the authority has had regard to it

  • relevant case law.

  • Identify potential remedies available

  • Identify the full range of potential remedies, for example, judicial review.

Chronology

A chronological version of events can be particularly useful, particularly in intentionality cases, to help establish the client's version of events.

Income and expenditure

If the case involves any decision on whether a property is or was 'reasonable to continue to occupy' then affordability of the accommodation may be an issue. Affordability may also be relevant if an applicant is seeking a review of the suitability of any accommodation offered.

An income and expenditure sheet, clearly showing the financial positions during the relevant period will be needed, along with evidence of the client's savings (if any) at the time in question.

Last updated: 4 November 2019

Footnotes

  • [1]

    s.21(6) Housing (Scotland) Act 1987

  • [2]

    s.7 Data Protection Act 1998

  • [3]

    Goodger v Ealing LBC [2002] EWCA Civ 751

  • [4]

    R v Hillingdon Homeless Persons Panel ex parte Islam (1981) The Times 24 February, QBD.

  • [5]

    relevant date

  • [6]

    the name of the person or organisation you have sought information from