Local authority duties
This section looks at the duties of the local authority after an application is made, and should be read in conjunction with the section on applying as homeless.
Local authorities have specific duties towards the dependent children of someone applying as homeless.
When an applicant approaches a local authority and the authority has reason to believe that the applicant is homeless or threatened with homelessness, the authority has a duty to make inquiries.
This section discusses the duties of a local authority if someone is entitled to interim and/or temporary accommodation.
The following section considers some common issues and problems encountered with regards to temporary accommodation.
This section looks at the standards that interim and temporary accommodation must meet, and considers the particular rules that apply to accommodation provided to families with children and pregnant women.
This section explains the local authority requirement that those accommodated under its duties in Part II of the Housing (Scotland) Act 1987 should pay reasonable charges.
A local authority has a duty to protect the property of those it believes to be homeless or threatened with homelessness.
The Housing (Scotland) Act 1987 specifies procedures for homeless application decisions.
This section explains that local authorities have a full housing duty to those who are homeless, in priority need, and not intentionally homeless.
If an applicant refuses an offer of accommodation, local authorities often claim that they are therefore intentionally homeless.
In certain situations local authorities can set aside their duty to place a homeless applicant into permanent accommodation.
This section looks at the duties the council has to people who have been found to be intentionally homeless.
A local authority will have different duties in relation to advice and assistance depending on the status of the person who applies as homeless.
Last updated: 29 December 2014
- Children (Scotland) Act 1995
- The Homeless Persons (Provision of Non-permanent Accommodation) (Scotland) Regulations 2010
- The Homeless Persons Advice and Assistance (Scotland) Regulations 2002
- Housing (Scotland) Act 1987
- The Homeless Persons (Unsuitable Accommodation) (Scotland) Order 2004
- Housing (Scotland) Act 2001