Publication - Advice and guidance

Minimum period for applications to remain in force - suspensions under section 20B of the Housing (Scotland) Act 1987: statutory guidance

Published: 2 May 2019
Directorate:
Housing and Social Justice Directorate
Part of:
Housing
ISBN:
9781787817715

Statutory guidance on the category of suspensions and the legal requirements social landlords must comply with.

17 page PDF

3.2 MB

17 page PDF

3.2 MB

Contents
Minimum period for applications to remain in force - suspensions under section 20B of the Housing (Scotland) Act 1987: statutory guidance
20. Appeals

17 page PDF

3.2 MB

20. Appeals

20.1 Landlords should have a clear internal review procedure in place and information should be made available to applicants about how to make an application for review to the landlord against any decision to impose a suspension, whether under section 20B or under their allocations policy. This should be clearly set out in their allocations/suspensions policy.

20.2 The legislation[13] gives applicants who have been suspended by a social landlord under section 20B the right to appeal against their suspension from receiving an offer of housing. This appeal is made to the sheriff, by summary application. There is no equivalent right of appeal for suspensions under an allocations/suspensions policy (these not being statutory decisions).

20.3 There is further information on the summary application rules on the Scottish Court Services website. Applicants currently have 21 calendar days to lodge an appeal from the date that the applicant was informed of the decision being appealed. This timescale is not extended by any period during which an applicant has sought review through the landlord’s internal processes, though sheriffs have discretion to extend the period in which an appeal can be lodged if good cause is shown to allow late appeal. http://www.scotcourts.gov.uk/docs/default-source/rules-and-practice/rules-of-court/sheriff-court/summary-applications-statutory-applications-and-appeals/scr---summary-applications---chapter-2/chapter-2-summary-application-rules-(4).doc?sfvrsn=14

20.4 An applicant who wishes to appeal to the sheriff should be advised to seek legal advice, or assistance from an organisation such as Shelter Scotland or Citizens Advice Scotland, as soon as possible. An applicant for internal review should be advised of the timescale for the review, which should be carried out quickly, and if it is a decision under section 20B the applicant should be told that they have a right of appeal and the timescale is 21 days from the date they became aware of the original decision.


Contact

Email: michael.boal@gov.scot