To ask the Scottish Government whether it will review the Homeless Persons (Suspension of Referrals between Local Authorities) (Scotland) Order 2022, in light of the reported increased pressure on homelessness services in Glasgow that has arisen since the order was commenced.
The rules on local connection were changed in November 2022 to give homeless households – like other households – choice and control about where they settle. The SSI in November 2022 stopped referrals of homeless households between Scottish local authorities on the basis of their local connection. Referrals to England and Wales are still permitted and the SSI did not change local connection rules for refugee households. The rules covering refugee households who have just left asylum accommodation are set out in the Homelessness etc. (Scotland) Act 2003.
Homelessness statistics on local connection following changes to the legislation remain stable with 3% of households seeking homelessness support in an area where they do not have a local connection. The evidence to date shows that people are exercising choice about where they want to live as the legislation intended. We continue to monitor the flow of people moving in and out of each local authority area to inform our understanding of the impact of the legislative change.
The duties that local authorities owe to homeless refugee households were not affected by the November 2022 changes to local connection. It is section 7 of the Homelessness etc.(Scotland) Act 2003, passed by the last Labour / Liberal coalition which outlines that the time spent in Home Office asylum accommodation does not establish a local connection for newly recognised refugees, as the household has not had any choice about where they lived while accommodated by the Home Office. If a household receives a positive asylum decision while living in asylum accommodation in a Scottish local authority and presents as homeless, they cannot be referred to the local authority where they were accommodated by the Home Office on the basis of local connection.
Conversely, Section 199 (6) of the Housing Act 1996 states that a local connection is established if a person was at any time provided with accommodation in that district. This means that people granted refugee status in England and Wales are found to have established a local connection with the authority/authorities where they have resided in asylum accommodation – despite having no choice in where they were placed. This limits where they can make a homelessness application in England and Wales.
A decision by the UK Government in December 2022 to clear the backlog of legacy asylum claims resulted in an increased number of refugee households seeking support, with this increased pressure being most acute in Glasgow. More recently, the Home Office decision (27 August 2025) to end the temporary extension of the move-on period for single adults is likely to exacerbate the pressures being faced by local authorities. The Scottish Government supports the call from Glasgow City Council that the UK Government must provide adequate funding to allow local authorities to support newly recognised refugees and communities.
Scottish Ministers do not want to roll back the rights of homeless households and do not intend to make any further changes to local connection legislation at this time.
