Glasgow City Council can house homeless people in unsuitable temporary accommodation, a court has ruled.
A Court of Session has overturned a previous decision that ruled the local authority is required to find accommodation that is appropriate for a large family, despite them claiming there were no homes available in the areas they requested.
Instead, it has been ruled the duties imposed on the authority when it comes to providing temporary accommodation are not the same as those imposed if it's permanent accommodation.
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The assessment of a homeless household's needs in respect of permanent accommodation, including the special needs of a member of the household, doesn't determine whether a property is suitable for them on a temporary basis, it has been ruled.
The judicial review was brought forward on behalf of a woman who was recently granted refugee status and lives with her husband and four children.
The family was previously living in accommodation provided by the Home Office, which they had to leave when they were granted refugee status in February 2020.
The obligation to house the family was then passed on to Glasgow City Council who provided them with temporary accommodation in a four-room property with three bedrooms and one living room.
As one of the children in the family has autism, an occupational therapist conducting an investigation on behalf of the council found the family needed a property with four bedrooms and a living room to accommodate the child’s support needs.
The family then argued that it had not been provided with suitable accommodation and requested a move to alternative housing.
The local authority said that it doesn't have an "absolute duty" to provide accommodation that meets the needs of the households, but instead only needs to take them into account.
Due to a lack of suitable housing stock, the council said they were unable to house the family in a four-bedroom property and that one would likely only become available if an existing tenant passed away.
Lawyers representing the family said the council should source temporary homeless accommodation privately or commercially - an argument that was reinforced by the judge who ordered the local authority to find a suitable property.
Now, that ruling has been overturned meaning the council doesn't have a duty to provide appropriate housing if they have assessed the needs of those being housed.
The judge said: "We are not persuaded by the petitioner’s argument that the making of the permanent needs assessment creates a duty in relation to the provision of interim accommodation which had not previously existed.
"We recognise that there is an underlying practical problem in that homeless persons, especially larger families, may find themselves accommodated in interim accommodation for a considerable period of time before permanent accommodation meeting their needs becomes available.
"What is suitable for occupation in the short or medium term may not be suitable for occupation in the long term. If the time that is allowed to elapse becomes intolerable, the court may feel that it is proper for it to step in."
Glasgow City Council has welcomed the ruling.
A spokesperson said: "We welcome the court’s decision in confirming our approach to the provision of temporary accommodation to the family. We will now consider the judgement on how to move forward.”
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