Return to Index
There are two main ways in which people in housing need may be housed by the Highland Council:
- by being officially assessed and declared as "homeless", in which case the Council has to make accommodation available or
- by joining the Council's general needs waiting list and then waiting for the offer of a permanent Council house
An applicant who is homeless will be provided with temporary accommodation for a period of time. If the applicant is in priority need (see below) they will be made an offer of permanent accommodation - however, they may have to live in temporary accommodation until a suitable vacancy arises.
The Highland Council has a waiting list of just over 10,000 applicants which includes general needs (waiting list applicants) and transfer applicants (applicants who are already tenants but wish to move to another house). It also includes those applicants who are, or are likely to become, homeless - they will normally join the waiting list.
In 2004 - 2005, 1,251 households (both priority and non-priority) were placed in temporary accommodation. Around 1,180 applicants a year (from a waiting list, including temporarily housed homeless persons) are offered permanent Council house tenancies as and when they become vacant.
It is very important therefore to know how the Council deals with homeless applications and assesses someone's housing needs and why they give greater priority to some needs than to others.
The following sections give detailed information on what help and advice the Council can give to people who face becoming homeless. You will also find more information about how the Highland Council allocates houses in Section 02.a.
Contact details for Area Housing and Property Offices and Service Points can be found in Appendix A
Questions that are frequently asked by people who think they might be homeless, along with their answers, can be found at Appendix F . This is designed to be printed off and given to anyone who might need it.
| Back to Top |
Homelessness is something that happens to many ordinary people all over Britain. Society has for many years accepted that it must find accommodation for those people who become "homeless", as defined by Act of Parliament.
If you are homeless now and haven’t already contacted Housing Services please contact one of the following:
The Housing and Property Services office or the Service Point in your area (for contact details see Appendix A). Hours: Monday – Friday 9am - 5pm
The Highland Council’s Standby Service - Tel 0845 7002005 Hours: 5pm – 9am Monday to Friday, weekends and holidays e.g. Christmas, Easter
How many people are homeless in Highland?
In 2004/05 approximately 2300 people applied as homeless in the Highlands but around 800 applicants did not fulfil the ‘priority need’ criteria. Advice and assistance are given to these applicants and where it is required temporary accommodation is provided.
Number of households applying as homeless:
Badenoch and Strathspey - 77, of whom 40 were assessed as being in priority need
Caithness - 77, of whom 56 were assessed as being in priority need
Inverness - 1090, of whom 356 were assessed as being in priority need
Lochaber - 281, of whom 90 were assessed as being in priority need
Nairn - 103, of whom 43 were assessed as being in priority need
Ross and Cromarty - 500, of whom 237 were assessed as being in priority need
Skye and Lochalsh - 140, of whom 71 were assessed as being in priority need
Sutherland - 25, of whom 14 were assessed as being in priority need.
The remaining 568 households were either found to be not homeless, lost contact with the Council, or their situation was resolved (March 2004 – March 2005)
The majority of homeless applicants locally are families and young single people, but homelessness can affect any type of household. Vulnerable homeless applicants may well require additional forms of support to help them through a difficult period in their lives. The Council's housing staff work closely with other Council staff and all the relevant local agencies to assess exactly what support is required. Where it is possible, they ensure that appropriate support is provided.
| Back to Top |
If you think you may have to leave your present home regardless of whether you own the property, rent it from a private or social landlord, or are a tied tenant, don’t delay getting advice. You may be able to prevent yourself becoming homeless if you act early enough. Contact your local housing and property office to arrange an appointment with an Accommodation/Housing Management Officer.
See Appendix A for the contact details for your local housing office where you can make appointments with Accommodation/Housing Management Officers.
Although more specialised advice can be provided by Housing Service staff, information and advice is also available at all of the Council’s Service Point locations
The advice is provided free of charge to anyone who needs it. The Council will treat all persons seeking advice or information with courtesy, sensitivity and in complete confidence.
| Back to Top |
Local authorities have a legal duty to help homeless people. Firstly by interviewing them and assessing their housing situation and secondly, by offering them temporary or permanent accommodation. This is subject to the applicant meeting certain criteria as set out in the legislation. (Part I of the Housing (Scotland) Act 2001). Advice and information is available free of charge. Information can also be given regarding the various housing options available. Information on services that may be of assistance to homeless people may be found on the Streetwise website. Copies of this manual can also be viewed at all Housing and Property Offices, Service Points, Libraries, and other Council Offices such as Social Work Offices.
In Highland, people claiming homelessness are interviewed by skilled and experienced housing staff in the local housing offices. They can have a relative, friend or advisor present at any interview. They can also request an interview with a housing officer of either sex.
Interviews will be held in private interview rooms and all information will be treated in complete confidence. Interviews will be carried out with courtesy and sensitivity. Details of the interview will be recorded in writing and the applicant will be given a copy to take away with them.
How will my homelessness application be assessed?
All applicants must be assessed as being:
- homeless
- in priority need
- not intentionally homeless
- with a local connection to the area
Detailed guidance is provided by the Scottish Executive through The Scottish Office's "Code of Guidance on Homelessness", published in May 2005. This code provides guidance to Authorities on how to interpret each of these criteria. Copies are available to view at all Housing and Property Offices, or click on the Scottish Executive website (see related information).
Key points to note about each of the criteria, sometimes described as hurdles, are as follows:
Homelessness
This means the applicant and anyone who would reasonably be expected to live with them has either one of the following:
- no accommodation anywhere in the UK or elsewhere which he or she is entitled or permitted to occupy, or
- going to be in a homeless situation within 2 months, or
- it is unreasonable to expect the applicant to go on living in their present home - typically because of the threat of violence from another member of the household, or because the accommodation is so sub-standard that it presents a real danger to the health of the applicant.
Part I of the Housing (Scotland) Act 2001 (which deals with homelessness) provides that “A person should be treated as homeless if it is probable that remaining in the home will lead to violence, or threats of violence from another person living in the accommodation and it is likely that the person will carry out the threat”.
The Code of Guidance recommends that the Council should take reasonable steps to obtain information to support the applicant’s case. However if it proves impossible to obtain confirming evidence, then the applicant’s expressed fears should be considered as sufficient evidence.
Priority Need
Under Scottish legislation, the following have a ‘priority need’ for accommodation:
- a pregnant woman or a person with whom a pregnant woman resides or might reasonably be expected to reside
- a person with whom dependent children reside, or might reasonably be expected to reside
- a person aged 16 or 17
- a person aged 18 to 20 who, due to the circumstances in which they are living, runs the risk of sexual or financial exploitation, or involvement in the serious misuse of alcohol, volatile substance or any drug (whether or not a controlled drug within the Misuse of Drugs Act 1971 (c.39)
- a person aged 18 to 20 who, at the time when the person ceased to be of school age (within the meaning of section 31 of the Education (Scotland) Act 1980 (c.44) or at any subsequent time, was looked after by a local authority (within the meaning of section 17(6) of the Children (Scotland) Act 1995 (c.36). If this person is no longer being looked after, they qualify as priority need
- a person who runs the risk of domestic abuse (within the meaning of section 33(3) of the 1987 Act)
- a person who, by reason of that person's religion, sexual orientation, race, colour or ethnic or national origin runs the risk of violence, or is, or is likely to be, the victim of harassment
or a person vulnerable due to:
- old age
- mental illness
- learning disability
- physical disability
- chronic ill health
- having recently suffered a miscarriage or undergone an abortion
- an emergency such as flood, fire or any other disaster
You may also be in priority need if you are vulnerable and have been discharged from:
- a hospital
- a prison
- any part of the regular armed forces of the Crown, or
- other special reason
Furthermore, if you have a local connection to Highland and are unintentionally homeless, The Highland Council will also consider you to be in "priority need", if you are a young person up to the age of 21, or, if you have been previously been in local authority care, up to the age of 25. For definitions of "unintentionally" and "local connection" please see below.
These categories are being extended as we move towards 2012. This page will be updated as legislation changes, so please check.
Also note that Local Authorities are endeavouring to phase out the priority need test.
Intentionality
The Council must satisfy itself that the applicant did not deliberately do something or fail to do something which resulted in homelessness, e.g. refusing to pay rent for no proper reason, or a teenager leaving the parental home without presenting a compelling reason why he or she could not return. This may also change and this page will be updated as legislation changes, so please check.
Local Connection
The applicant must have a local connection with the Highlands.
However, applicants in special circumstances are assessed on a case by case basis. This includes people fleeing domestic abuse or someone who has no local connection with anywhere in the United Kingdom. This may also change and this page will be updated as legislation changes, so please check.
Where an applicant is homeless and in priority need, temporary accommodation will be provided until an offer of secure accommodation can be made to them.
If an applicant is homeless but is not in priority need under the terms detailed above, temporary accommodation will be provided for a period of time to allow them to secure alternative accommodation. If the person has no local connection, they may in some circumstances be referred to another authority.
When will I know if I am entitled to permanent accommodation?
The Council aims to reach a final decision on each homeless application within a 30 day period. People facing a homeless situation should seek independent advice from for example, the CAB , Shelter or from a solicitor, where appropriate. The Council will write to every applicant giving its decision. It will explain the basis of the decision reached and inform the applicant of the level of advice or assistance which the Council will provide to them.
The assessment period for applications allows Council staff enough time to make the necessary enquiries to verify each applicant’s homeless circumstances properly. Applicants are kept regularly informed by the staff concerned on the progress being made with the assessment of their application. Applicants may be contacted by Council staff either in person, by telephone or in writing.
As the Council investigates all homeless applications thoroughly, contacts are made with any agency, former or current landlord, etc. when pursuing these enquiries. In cases of domestic abuse, no contact will be made with the perpetrator. Where appropriate, contact will be made with Social Work Services or the Police. The investigations carried out are in accordance with the good practice guidelines set out in the Code of Guidance.
Can I appeal if I do not agree with my homeless assessment?
Applicants dissatisfied with the decision on their homelessness may appeal the decision. Firstly, an applicant can discuss the decision made with the local housing office who issued the decision letter. If they are still dissatisfied with the decision that has been made, the applicant has the right to request a review of this decision by the Director of Housing. To do this they can either write to their local housing office directly, or to the Director of Housing at Housing Services, The Highland Council, Glenurquhart Road, Inverness, IV3 5NX, stating why they think the decision is wrong. In the first instance, the Area Housing Manager in the area the decision is made will review the case and may overturn the decision. If however the Area Housing Manager agrees with the decision that his staff have made he will automatically pass a report on the case to the Director of Housing. This will normally happen within 5 working days of the letter of appeal being received. The case will then be reviewed by the Director of Housing and the applicant will be notified in writing of this decision as quickly as possible. Applicants may also wish to contact a lawyer or an agency such as the Citizen’s Advice Bureau or Shelter for advice and information regarding their case and the homelessness legislation
If the applicant remains dissatisfied with the Director of Housing’s review decision they will then have the right to request an appeal to the Council’s Area Committee If the Area Committee upholds the homelessness decision, the applicant has the right to ask for a Judicial Review of the case. If the applicant wishes to have his/her case reviewed by the Area Committee they should advise the Director of Housing in writing giving reasons and he will make arrangements for the reviews to take place. If the applicant wishes to ask for a Judicial Review, Housing Services will advise them how to arrange this.
If an applicant is dissatisfied with how their application has been handled (not the actual decision that is reached) they have a right to complain using The Highland Council’s Comments and Complaints system. You can do this by writing into the Council or you can pick up a form from any Service Point or Council Office. Alternatively you can send your Comments or Complaints electronically by logging into the Council’s website
What sort of temporary accommodation will I be offered?
The type of temporary accommodation used by the Council includes; designated furnished and occasionally unfurnished Council and housing association flats or houses, hostels and properties leased and rented from private landlords. The Council tries to provide temporary accommodation without using Bed and Breakfast accommodation, however sometimes this is the only practical solution. Vulnerable homeless applicants may well require additional forms of support to help them through this difficult period in their lives. The Council's housing staff work closely with other Council staff and all the relevant local agencies to assess exactly what support is required and, where possible, to ensure that appropriate support is provided.
Anyone who is assessed as being homeless, but is not in ‘priority need’ will be provided with temporary accommodation for a reasonable period of time, to allow them to seek alternative accommodation. Advice and Information will be available to everyone to assist them in finding accommodation.
The Council has a duty to house all applicants in permanent accommodation who are in priority need, not intentionally homeless, and who have a local connection with the Highland area. This is done through the normal waiting list. Homeless, or potentially homeless, applicants are awarded ‘homeless’ points in addition to any other points they may be entitled to. (For an explanation of how housing is allocated see Chapter 2).
How long will I have to stay in temporary accommodation?
The median number of days in hostel accommodation is 42 days, B & B 28 days, Local Authority Accommodation 96 days, and leased and rented accommodation 56 days. However, length of stay in temporary accommodation varies on a case by case basis. It may differ in each of the eight areas and is also dependant on the applicant’s circumstances.
An offer of permanent accommodation will be made by the Council for a council owned property, or the Council will nominate the applicant for accommodation to be provided by a housing association. Up to two reasonable offers of accommodation are made. However, if an applicant is in receipt of actual or potentially homeless points, a reasonable offer will be interpreted as one which meets the applicant’s housing needs. This takes into account the advice provided in the Scottish Office’s Code of Guidance on Homelessness and the general availability of housing in the Area. It may not necessarily be restricted to those Lettings Areas deemed acceptable by the applicant. If these offers are unreasonably refused, the applicant(s) will have to vacate the temporary accommodation and secure their own accommodation as the Council will have fulfilled its obligation to them.
In addition to the Council’s temporary accommodation, a small number of other organisations provide a variety of emergency provision.
| Back to Top |