homelessness 
cases & materials

homelessness  - case law & materials










use our SEARCH facility

disclaimer

updated 24-07-04

 

COPY

 
This section contains a selection of decisions of the English and Scottish courts, with respect to the law on homelessness. It in not intended to be comprehensive. While decisions of the English courts are not legally 'binding' in Scotland, they may be highly persuasive - as some of the statutory language on homelessness is similar in purpose, in both countries. You should be able to access the full case reports in any good reference/ law library. Cases are grouped under 'legal topics', as set out below.

Case law will require reconsideration in light of the Housing (Scotland) Act 2001 - which has introduced a number of important changes to the law on homelessness in Scotland (click here to see a summary of these) and the Homelessness etc., (Scotland) Act 2003.  You can view these Acts of the Scottish Parliament using the links below. 

The principal homelessness law statute in Scotland remains the Housing (Scotland) Act 1987.  However because the key sections have been amended by the Housing (Scotland) Act 2001, and the Homelessness etc., (Scotland) Act 2003 we have provided, below, a fully amended version of key sections of the 1987 Act.  Looking at the amended statutory provisions makes it much easier to understand the current law.   The Scottish Parliament's Information Centre (SPICe) has produced a good briefing on homelessness law - download SPICe briefing (PDF).

what is this?

VIEW: HOUSING (SCOTLAND) ACT 1987 AS AMENDED

The current Scots law on homelessness

GO TO FULL TEXT:  HOUSING (SCOTLAND) ACT 2001

 Part I of this Act amends homelessness law

GO TO FULL TEXT:  HOMELESSNESS ETC., (SCOTLAND) ACT 2003

This Act creates new rights for the homeless

Govan Law Centre has drafted a bill for Mohammad Sarwar MP - the UK Prevention of Homelessness Bill - which is scheduled to receive a second reading in the House of Commons on the 15th October 2004.   The Bill can be viewed on the House of Commons website here.  Details of the bill's policy aims can be viewed here (PDF).

 
Developments to the law on homelessness: 
Housing (Scotland) Act 2001
(Click here for commencement orders & SSIs made under the 2001 Act)

case law topics

'legal capacity' to 
make an application

'priority need'

'local connection'

 the meaning of 'homelessness'

'intentional homelessness'

'enquiries' by the
local authority

'decisions'
 (determinations)

'reasons'

'duties' on local
authorities

'acquiescence' & intentional homelessness

see also - 'homelessness - fleeing from violence' (scots law advice pages)