Homelessness Policy and Procedure

POLICY STATEMENT

This document sets out South Ayrshire Council's Homeless Policy and Procedure together with our aims and objectives. The policy has been drafted to incorporate the duties as they are incrementally introduced under Part 1 of the 2001 Act and the Homelessness etc (Scotland) Act 2003. The new Code of Guidance has provided the framework on which this policy and procedure is based. The procedures outlined are the operational basis for achieving the objectives set out in South Ayrshire Council's Homelessness Strategy.

INTRODUCTION

There are three distinct sources of law pertaining to homelessness:

STATUTES

These are the most authoritative sources of law in the U.K. and a housing authority cannot lawfully ignore the provisions of the appropriate act. The Housing (Scotland) Act 1987 and 2001 and the Homelessness etc (Scotland) Act 2003 are the most obvious piece s of legislation however it provides a legal framework rather than a detailed set of rules, hence it is necessary to refer to other sources of law, including the Children (Scotland) Act 1995, Human Rights Act 1998 and the Data Protection Act 1998, to determine the way in which an authority should act in any given situation.

GUIDANCE

Section 37 of the Housing (Scotland) Act 1987 states authorities must have regard to guidance issued from the Scottish Government. This is designed to secure fair, consistent and good practice among authorities and although the Code is not enforceable in a court of law, local authorities failure to have regard to guidance may prove grounds for challenging the legality of their decisions.

CASES

Where uncertainty arises in relation either to the interpretation or administration of legislation it may be resolved by litigation. An aggrieved person may challenge the decision of a local authority by way of judicial review; or seek damages for breach of statutory duty; or complain to the local government ombudsman. Any action involves the use of the civil legal system which is based on a hierarchy of courts. The most senior court is the House of Lords and given the cardinal principle of Scottish Courts that there should be certainty in the law, this is provided for by requiring courts at lower levels in the hierarchy to follow and apply decisions of superior courts.