Your Rights

Homelessness: Your rights

 

This section explains:

The assessment process

 

Glasgow City Council has a legal duty to help people who are homeless or are threatened with becoming homeless within two months. The Council will assess you under the following four tests:

Homeless or threatened with homelessness

 

The first test checks whether or not you are homeless or likely to become homeless in the next two months. If you think you may become homeless in the future you should still contact one of the Council's Community Casework Teams.

 

The earlier you get in touch, the more chance there is of being able to stop you becoming homeless.

 

The law states that you are homeless if:

  • you have no accommodation at all
  • you have somewhere to stay but you cannot gain entry to it (for example, your landlord has changed the locks)
  • you have somewhere to stay but you are being threatened with violence (for example, by neighbours, a former partner or family member)
  • you have somewhere to stay but it is not reasonable to stay there because of overcrowding and this overcrowding is bad for your health
  • you have somewhere to stay but its poor standard means it is not reasonable for you to stay there
  • you have somewhere to stay but you do not have permission to stay there
  • you are living in either B&B accommodation, a hotel, hostel or refuge
  • you have been staying with family or friends but they have asked you to leave
  • you usually live in a mobile home (for example, a caravan or boat) but there is nowhere for you to put it.

You are threatened with homelessness if you are likely to become homeless within two months.

 

 

Back to the assessment process

 

Priority need

 

This test is only used if you have been found to be homeless or potentially homeless.

 

You have a priority need for accommodation if you:

  • are a pregnant woman or live with someone who is pregnant
  • have dependent children
  • are homeless or threatened with homelessness as a result of an emergency such as flood, fire or any other disaster
  • are 16 or 17 years old
  • are 18-20 year olds and (a) run the risk of sexual or financial exploitation or involvement in the serious misuse of drug or alcohol or any volatile substance, or (b) have been in looked-after care on or after your school leaving date
  • are at risk of violence or are likely to be the victim of conduct that amounts to harassment because of your religion, sexual orientation, race, colour, ethnic or national origin
  • are at risk of domestic abuse

You may also have a priority need if you are vulnerable because of:

  • old age
  • a mental illness
  • a personality disorder
  • a learning disability
  • a physical disability
  • chronic ill health
  • a miscarriage or abortion
  • discharge from hospital, prison or the armed forces
  • another special reason.

Back to the assessment process

 

Intentionally homeless

 

This test is only used if you have been found to be homeless or potentially homeless and in priority need.

 

The Council must satisfy itself that you did not deliberately do something, or fail to do something, which resulted in you becoming homeless. For example, this might include a continued refusal to pay rent without good reason. The Council will assess each case on its own merits.

 

Back to the assessment process

 

Local connection

 

This test may only be used if you have been found to be homeless or potentially homeless and in priority need, and you did not make yourself homeless intentionally. Although the Council can choose whether or not to apply this test, the Council currently applies the test in all cases found to be unintentionally homeless or potentially homeless and in priority need.

 

A local connection with an area is formed because:

  • you are normally resident in the area. For example, you have lived there for three of the past five years or six months out of the last year. Stays in prison or service with the armed forces, or living in National Asylum Support Service (NASS) accommodation if you were an asylum seeker do not count as normal residence.
  • of employment
  • of a family connection
  • of any special circumstances.

The test looks at whether you have a local connection with Glasgow and/or another local authority. If you have a local connection with Glasgow, or have no local connection anywhere else, you pass the local connection test.

 

If you do not have a local connection with Glasgow but do have a local connection with another local authority, your case may be transferred to that local authority. You cannot be referred to another local authority if there is a risk of you suffering domestic abuse there.

 

Back to the assessment process

 

What you will receive

 

You are entitled to temporary accommodation while the Council is assessing your case and until the Council has fulfilled all of its duties towards you.

 

The table below shows what you will receive after you have been assessed.

 

Assessment decision Council's duties to you
Homeless + priority need + unintentional + local connection with Glasgow or with nowhere else Permanent accommodation provided by Glasgow
Homeless + priority need + unintentional + local connection with another local authority Permanent accommodation provided by the other local authority
Homeless + priority need + intentional Temporary accommodation, advice and assistance
Homeless + non priority need Temporary accommodation, advice and assistance
Threatened with homelessness + priority need + unintentional The Council will take measures to help retain your accommodation
Threatened with homelessness + priority need + intentional Advice and assistance to help you retain your accommodation
Threatened with homelessness + non priority need Advice and assistance to help you retain your accommodation

Neither homeless nor potentially homeless

 

 No duties owed to you

 

Back to Top

 

 

Right to review

 

The Council will notify you of the outcome of your homelessness assessment in writing.

 

If you are unhappy about the Council's decision, you can ask the Council to review its decision. You must do this within 21 days of receiving the letter.

 

You can ask the Council to review the following decisions:

  • the assessment decision and the resulting duties owed to you
  • the decisions to notify another local authority under the local connection test, including the decisions that:
  • you (or someone who might reasonably be expected to live with you) does not have a local connection with Glasgow
  • you (or someone who might reasonably be expected to live with you) does have a local connection with that other local authority
  • you (or someone who might reasonably be expected to live with you) does not run the risk of domestic abuse in that other local authority area.
  • whether any accommodation secured for you discharges Glasgow City Council's duty to you. For example whether the offer of accommodation made is reasonable. For the offer of accommodation to be reasonable it must:

    • not be overcrowded
    • not endanger the health of the occupants
    • meet any special needs of the household
    • be reasonable to occupy
    • be suitable for occupation by any children in the household so far as is consistent with their best interests.

In asking for a review, it would be helpful if you provide evidence to support your case.

 

The Council can provide you with:

Back to Top

 

Accessing the homelessness service

 

Specialist staff covering all the different parts of the City are available in either the Social Work Community Casework Team offices (Monday to Friday 9:00am-4.00pm) or at the Hamish Allan Centre (24-hour service, 365 days a year).

Back to Top

 

Further information on homelessness law

 

Govan Law Centre has information on homelessness law.

Shelter Scotland has further information on your rights.

The Scottish Executive's Code of Guidance on Homelessness , published in 2005, provides guidance on all aspects of homelessness law.

 

 

Glasgow City Council is not responsible for the content of external websites.

Back to Top