Local authority decisions

Local authorities have a duty to make a decision in writing with reasons for refusing an application. [1] Although logically the decision must precede the notification, the decision letter is treated as the local authority's decision. [2] Each authority must make its own decision and cannot rubber-stamp the decision of an earlier authority. [3] Neither can a local authority transfer its decision-making duties to another body. This is particularly relevant when an authority has transferred its housing stock to a housing association. [4]

When notifying the applicant of its decision the authority: [5]

• must state whether it is satisfied that the applicant is homeless or threatened with homelessness

• if the authority uses its power to investigate whether the applicant is intentionally homeless, it must also state what decision it has made on this

Where a local authority finds an applicant unintentionally homeless, the authority may then state whether it intends to refer the applicant to another authority under the local connection provisions. For applications taken on or after 29 November 2022, in most cases the local authority should not decide whether an applicant has a local connection, as local connection referrals to other Scottish local authorities have been suspended. [6]

In addition to notifying the applicant of its decision on each of these aspects, if it is not accepting the full housing duty, the local authority must give reasons for the decision.

The Code of Guidance advises that local authorities should aim to 'issue decisions within one working day of the completion of their inquiries'. [7]

The local authority must also notify the applicant of their right to request a review of the decision and of the timescale within which this request must be made. [8] The applicant must also be notified of the advice and assistance that is available to them in connection with any review. [9]

For more information, please see the section on challenging local authority decisions.

The courts have indicated that a decision letter should contain proper and adequate reasons, and should deal with the substantial questions at issue in an intelligible way. The decision should leave the reader informed and the court in no doubt what the reasons were for the decision, and what material considerations were taken into account when reaching it. [10]

In one case concerning the requirements of a decision letter it was held that the applicant is entitled to have the decision quashed where no reasons or inadequate reasons are given. [11]

It must also be clear from the decision that proper consideration has been given to the relevant matters required by the Act and the Code of Guidance. [12]

The Code of Guidance provides a checklist for decision letters. [13]

It has been held that once a decision letter has been issued, the council are not entitled to go back at a later date and change their decision [14] (unless the decision was as a result of deception or fraud).