Advice and assistance

Local authorities have a duty to provide good quality objective housing advice on a range of housing options, and staff dealing with homeless applications should be trained to ensure the provision of such advice. Staff should ensure that applicants are aware of their legal rights or where they may receive information on these. Staff should also be able to advise applicants on how to contact independent advocates or advisers. [1]

In exercising any of its duties in relation to someone who is homeless or threatened with homelessness, a local authority must have specific regard to the best interests of any dependent children. [2]

Where an applicant is intentionally homeless, or intentionally threatened with homelessness, the local authority has a duty to provide advice and assistance. [3]

Advice must encompass more than housing advice and includes financial and legal issues. [4] Assistance includes a requirement to provide a personal interview, the provision of an interpreter and a written record of the interview, which may be in translation or Braille. [5]

Although applicants have the responsibility for obtaining accommodation themselves, they should be offered advice on:

• the availability of permanent accommodation from local authorities or registered social landlords

• the availability of temporary accommodation from local authorities, registered social landlords and other landlords

• nomination procedures, waiting lists and any restrictions imposed by landlords

• specialist, supported or furnished accommodation

• services provided by estate agents and accommodation agencies

• owning a home, including home ownership and grants that may be available for some aspects of this. [6]

Where the applicant has become threatened with homelessness intentionally, then the local authority has a duty to provide advice and assistance as prescribed by Scottish Ministers to help her/him retain accommodation. [7]

If someone is threatened with homelessness and is not intentionally threatened with homelessness, then the local authority should take 'reasonable steps' to be sure that accommodation does not cease to be available for the applicant's occupation. [8]

Under the Social Work (Scotland) Act 1968 the local authority has a general duty to provide advice and assistance, and an emergency power to assist persons, of 18 and over, in need in certain circumstances. [9] In terms of the Children (Scotland) Act 1995, the local authority has a duty to safeguard and promote the welfare of children in the area who are in need. [10] In line with the Code of Guidance's advice that local authorities should respond in a 'sympathetic and cost effective manner', the authority may choose to use the relevant social work legislation [11] to contribute towards paying off rent arrears and prevent homelessness.

If the applicant is not homeless and not eligible for assistance (for example, some categories of asylum seekers) then the local authority has no duty towards him/her, other than ensuring that advice is available under the general duty. However there may be duties under alternative legislation. For more information, please see the section on asylum seekers and eligibility for assistance.