Local connection provisions
This section gives a brief overview of the local connection provisions.
Local connection provisions have been suspended
The rules have changed regarding local connection. Where a client makes a homeless application on or after 29 November 2022, a local authority can no longer refer them to another Scottish local authority under section 33(1) of the Housing (Scotland) Act 1987. [1]
This power has been suspended, not permanently repealed. The Scottish Government will monitor the impact on homeless applicants and local authorities to decide whether the s.33 power can be permanently removed. [2]
When the suspension does not apply
The suspension does not apply to:
referrals to local authorities in England and Wales
applications where a person is applying as homeless in Scotland, having come from England or Wales
For homeless applications made prior to 29 November 2022, local connection can still be considered in order to make a referral to other Scottish local authorities.
Local connection
Section 33 of the Housing (Scotland) Act 1987 ('the 1987 Act') enables but does not compel the local housing authority to consider referral of a duty to secure accommodation to another authority. The authority has discretion to consider the question of local connection, [3] but can only do so if they are satisfied that the applicant is unintentionally homeless.
If the applicant has no previous connection anywhere in Great Britain, responsibility to provide accommodation will rest with the local authority to which they applied. [4]
Where the applicant, or someone who can reasonably be expected to reside with the applicant, has a local connection with another local authority and there is no connection with the authority to whom the application has been made, the applicant may be referred to the other local authority, within Scotland, England or Wales, for rehousing. [5]
The 1987 Act also makes provision for relevant authorities to reach agreement as to the criteria and procedures for referral as well as the mechanisms for referrals. [6] In Scotland the Convention of Scottish Local Authorities (COSLA) has adopted guidelines agreed by local authorities about this. [7]
Last updated: 29 November 2022