Referral procedure

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This power has been suspended, not permanently repealed.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.

The duty to make inquiries into homelessness, eligibility, and intentional homelessness lies with the authority to which an application is made even if it becomes apparent that the local connection provisions may apply. The local authority must carry out its inquiries in the correct sequence [3] and must issue a decision letter. An applicant cannot simply be told to apply to another area where there is a local connection.

Once a decision has been made, the authority to which the application was made must notify the applicant which local authority has responsibility for them and the reasons why that decision has been reached. [4] This notice should be in writing and, if not received by the applicant, must be made available at the local authority's office for a reasonable period for collection by the applicant or someone else on their behalf. [5]

The decision of the referring local authority on the questions of homelessness, eligibility and intentionality is binding on the local authority to which the referral is made. [6] (This also included priority need before 31 December 2012.) This means that it is possible for a person who has been found intentionally homeless by one authority to then apply to another authority with which they have no local connection. The second local authority could then find her/him not intentionally homeless and refer her/him back to the original authority for rehousing under the local connection procedures. However, when the second authority makes its decision it must take account of the reasons for the decision previously reached by the original authority. [7]

A local authority can challenge another local authority's decision on homelessness, intentionality or other matters by means of judicial review only. [8]

If the authority to which the original application is made decides that conditions for referral to another local authority are not met then it will have the duty to rehouse. [9]

If the conditions of referral are met then the receiving local authority will owe the full housing duty. [10]

Where local authorities are in dispute, there are arrangements in place that set out the arrangements for establishing whether a local connection exists. These may be between the two authorities in dispute or set out in agreements between local authority associations. There are separate regulations for applications to English or Welsh authorities and for those to Scottish authorities. [11]