Local authorities have a legal duty to help homeless people - firstly by interviewing them, and/or assessing their housing situation and secondly by offering them temporary or permanent accommodation - provided the circumstances warrant it, according to criteria laid down in Part II of the Housing (Scotland) Act 1987 amended by the Housing (Scotland) Act 2001.
You should contact the Housing Options Team on 01259 225115 if you
In an emergency situation, when the office is closed, you should contact
us on 01259 450000.
The Housing Options Team run a duty system to interview applicants presenting as homeless. You will be interviewed by a skilled and experienced Casework Officer at Kilncraigs and your interview will be private and confidential.
A booklet explaining your rights and the Council's responsibilities is available in Council Offices.
Each individual case will be assessed on the following four criteria:
You are deemed to be homeless or threatened with homelessness if you and anyone who would reasonably be expected to live with you
The Council must satisfy itself that you did not deliberately do something or fail to do something which resulted in homelessness, eg refusing to pay rent for no proper reason, or you are a teenager leaving the parental home without presenting a compelling reason why you could not return.
You may not be intentionally homeless if
You must have a local connection with the Clackmannanshire area. This may include that you
However, 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.
If you do not have a local connection, the Council has the power to refer you to another local authority in Scotland, England or Wales if you have a local connection with another authority.
From the date of your application, we aim to assess your situation within 28 days. This may sometimes take longer depending on the circumstances of your homelessness application. The Casework Officer will keep you informed on the progress being made with the assessment of your application.
While we assess your case you have the right to temporary housing, if you need this.
The Council has a range of temporary accommodation throughout the Council area to meet the needs of people in different situations. If the Council has a duty to provide you with temporary accommodation you will be offered one of the following:
Where possible your needs and preferences are taken into account when offering temporary accommodation. However, it may not be possible for you to choose where you stay or the type of accommodation due to the high level of demand on the Council's Homelessness Service.
If our assessment finds that you meet the above criteria and are homeless in terms of the law you will be awarded homelessness points to help you get an offer of permanent housing.
You will be provided with temporary accommodation until an offer of suitable permanent housing can be made. You should talk to your Casework Officer or seek independent housing advice before you turn down an offer of permanent housing.
You should be aware that by giving you a reasonable offer of housing the Council will have met it's legal obligation to you. If you refuse the offer you will have to leave your temporary accommodation and find somewhere else to stay.
You can appeal against decisions which say that:
You can also appeal against what is called 'discharge of duty'. If you are accepted as unintentionally homeless, in priority need and have a local connection with the area, but do not feel that the housing offered to you is suitable to meet your housing needs, therefore doesn't discharge the Council's homelessness duty to you.
A leaflet explaining the review and appeals procedure is available in Council Offices, but if you want to speak to someone independent about making an appeal you can contact the Citizen's Advice Bureau in Clackmannanshire, or seek legal advice.
If you are unhappy with our decision abut your homelessness application you can request a review. The Council must notify you of this right in our decision letter to you. Appeals for a review should be made within 21 days of receiving the decision. you should put your request for a review in writing, giving details as to why you think that the Council's decision was wrong in your case.
Please send to:
If you would prefer, you can also come in to the Council Office and explain why you believe the original decision should be changed.
The officer undertaking the review on your case should be a senior officer who has previously had no dealings with your application and making the decision. This officer should have substantial knowledge of the relevant legislation and the Council's responsibilities towards homelessness applicants. All of the factors in the case will be carefully re-assessed, with any new available information being taken into consideration.
The reviewing officer is able to change the original decision if they think it was incorrect. Equally, however, if the reviewing officer believes the original decision to have been correct it could be upheld. Whatever the final decision may be, the review decision letter should set down clearly why they have reached the conclusion.
The review decision letter should advise you of your right to seek judicial review of the decision if you are still unhappy with the decision. It will also advise you of your right to go to the Local Government Ombudsman with your concerns.
If you are claiming not to have any accommodation, the council should ensure that temporary accommodation remains available to you until your review has been considered.
Kilncraigs, Greenside Street, Alloa, FK10 1EB
Tel: 01259 225122