How to Appeal a Homelessness Decision in Scotland

If you've applied for homelessness assistance in Scotland and your council has made a decision you disagree with, you have legal rights to ask for a review. Understanding how to appeal a homelessness decision can help you secure the support you need. Below, we explain the process step by step, so you know what to do and where to get further help.

Your Right to Appeal a Homelessness Decision in Scotland

Scottish law gives you the right to ask your local council to reconsider certain decisions made on your homelessness application. This is called ‘requesting a review’. The right applies under the Housing (Scotland) Act 1987 and later amendments, which set out duties and options for people experiencing homelessness.¹

Decisions You Can Appeal

• You’re not considered homeless
• Your local connection has been questioned or refused
• You’re found intentionally homeless
• You’re refused temporary accommodation
• The council says it does not have a duty to help you

If you are unsure about the decision or how it affects your rights, reviewing the decision can ensure your case is fairly reconsidered.

How to Request a Review: Step-by-Step

It’s important to act quickly as there are strict time limits to appeal. Usually, you have 21 days from when you receive the decision letter. The following steps guide you through the process:

• Read your council’s decision letter carefully. This letter should explain the outcome and your right to review.
• Submit a written review request (by letter or email) to your council, stating clearly that you want them to reconsider their homelessness decision. You can also use any form your council provides. (There is no national standard form, but many councils provide an online complaint or review form.)
• Describe why you disagree with the decision. Include extra information or documents if you have them.
• Keep copies of all communication for your records.

After you submit your review request, the council should reply in writing within a reasonable timeframe. During the review, you may be entitled to temporary accommodation; ask the council to continue providing this support if you need it.

Official Forms and Practical Examples

• Homelessness Application Review Request (no standard national form number):
  • When to use: If your homelessness application was refused or the outcome was not as expected.
  • Example: If your council’s letter says “we do not consider you homeless”, write to the council referencing the date of their letter, explain your reasons for disagreement, and ask for a review under section 35A of the Housing (Scotland) Act 1987. See official council review guidance at mygov.scot: Your Rights as a Homeless Person.
  • Link: Homelessness Application Review Advice (mygov.scot)
• First Tier Tribunal for Scotland (Housing and Property Chamber) application forms:
  • When to use: If you wish to challenge aspects of your tenancy or raise a dispute about a private residential tenancy. (Not directly for homelessness reviews, but relevant for many related disputes.)
  • Example: If your private landlord fails to support your housing rights after eviction, apply to the Housing and Property Chamber. More info and forms at Official Tribunal Application Forms.

What Happens After You Request a Review?

Once you submit your review:

• The council must assign a different officer to consider your case impartially.
• They may contact you for more details or evidence.
• You will be notified in writing once a final decision is made.
• If you disagree with the review outcome, you may seek advice on next steps, which could include applying for judicial review at the Sheriff Court.

Most reviews are handled directly by the council, but for legal challenges beyond this, the First Tier Tribunal for Scotland (Housing and Property Chamber) deals with residential landlord and tenant disputes.

Key Legislation

• Housing (Scotland) Act 1987
• Housing (Scotland) Act 2014
• First Tier Tribunal for Scotland (Housing and Property Chamber)

Scottish homelessness law is designed to be fair and accessible. If you feel unsure, remember there are organisations ready to support you at every stage.

Frequently Asked Questions

1. How long do I have to request a review of a homelessness decision?
   Usually, you have 21 days from receiving the council's written decision, but check your letter for any specific deadlines that apply in your local area.
2. Can I stay in temporary accommodation while waiting for a review?
   Yes, you can often ask your council to let you remain in temporary accommodation during the review. This is not guaranteed and depends on your situation, so request it in writing and keep a copy for your records.
3. What if I need help with my review request?
   You can get free advice and advocacy from organisations like Shelter Scotland or through your local Citizens Advice Bureau. Council housing officers are also required to explain the review process if you ask.
4. Is there a fee to request a review or go to a tribunal?
   No, requesting a review of a homelessness decision with your council is free. Some tribunal processes may have administrative requirements, but advice services are available at no cost.
5. Which tribunal covers homelessness or tenancy disputes in Scotland?
   The First Tier Tribunal for Scotland (Housing and Property Chamber) handles most tenancy-related disputes between landlords and renters.

Conclusion: Key Takeaways

• If you disagree with a homelessness decision in Scotland, you can ask your council for a review within 21 days.
• Submit your request in writing and include your reasons and any evidence.
• Free support and advice are available to help strengthen your case.

Knowing your rights under Scottish law and acting quickly gives you the best chance at securing stable accommodation.

Need Help? Resources for Renters

• Scottish Government: Homelessness and Your Rights
• Shelter Scotland: Get Help (expert homelessness advice)
• Citizens Advice Scotland: Find Your Local Bureau
• First Tier Tribunal for Scotland (Housing and Property Chamber)
• Contact your local council using details in your original decision letter

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1. Housing (Scotland) Act 1987 (legislation.gov.uk)
2. Housing (Scotland) Act 2014 (legislation.gov.uk)
3. First Tier Tribunal for Scotland (Housing and Property Chamber): Official Tribunal

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