FOI Request - Handling of Homelessness Applications
Request 101003740162
I request the following information regarding Moray Council’s handling of homelessness applications and the conduct of its representatives:
1. What is the council’s standard policy on the timeframe for responding to a homelessness declaration?
2. How many days elapsed, on average, between an individual declaring themselves homeless and an official physically meeting them to complete the necessary forms in the last five years?
3. How many individuals in the past five years have waited longer than 70 days from the time they informed the council they were homeless to when an official engaged with them to complete the required paperwork?
4. What are the council’s policies and procedures for ensuring that vulnerable homeless individuals are prioritised for urgent support?
5. What are the expectations for councillors when they claim to have contacted the council on behalf of a constituent experiencing homelessness?
6. Are councillors required to provide any form of proof (e.g., emails, meeting notes, case updates) to verify that they have reached out to the council on behalf of a constituent?
7. How many complaints have been made in the past five years regarding councillors making false claims about assisting constituents?
8. What criteria does Moray Council use to determine whether accommodation is "suitable" for an individual, particularly those with disabilities and complex needs?
9. What is the council’s policy regarding a constituent refusing unsuitable accommodation, and what are the consequences for doing so?
10. Does Moray Council classify itself as "rural" in a way that exempts it from adhering to standard homelessness and housing laws? If so, under what legal framework does this classification apply?
11. Have any complaints been made against council officers in the past five years for coercing individuals into accepting unsuitable accommodation?
12. What disciplinary actions or oversight mechanisms are in place to hold council staff accountable if they are found to have deliberately misled, ignored, or delayed assistance for homeless individuals?
13. How many complaints have been made in the past five years regarding council staff failing to provide assistance within a reasonable timeframe for homeless applicants?
14. How many complaints have been made against Moray Council for failing to meet its legal obligations under housing and homelessness laws in the past five years, and what were the outcomes of these complaints?
Response 03-04-2025
1. Following an initial declaration of homelessness, we will try to meet with an applicant within 5 working days. Our Homeless Team will aim to reach a final decision on a homeless application within 28 days. If an applicant disagrees with the decision made on their homeless application, they can request a review of the decision within 21 days from the date they receive the decision letter. Statutory 28 days to make decision
Moray Council Homelessness Policy can be found here: http://www.moray.gov.uk/downloads/file45711.pdf
This information is therefore exempt under section 25 of the Freedom of Information (Scotland) Act 2002, information otherwise accessible.
2. Not held. Information that is not held falls under Section 17 of the Freedom of Information (Scotland) Act 2002 - Information not held.
However, in order to be helpful, we can provide the average percentage of homeless cases where a homeless assessment was concluded within 28 days:
| 20/21 | 98.7% |
| 21/22 | 98.4% |
| 22/23 | 97.9% |
| 23/24 | 98.4% |
| 24/25 | 98.5% |
3. None
4. This information is published and available on the Moray Council website and therefore exempt under section 25 of the Freedom of Information (Scotland) Act 2002, information otherwise accessible. For ease of reference please find links to the web pages next to the title:
Moray Council Homelessness Policy: http://www.moray.gov.uk/downloads/file45711.pdf
Moray Council Allocations Policy: http://www.moray.gov.uk/downloads/file154032.pdf
Moray Council Housing Support Policy – referral process and support matrix assessment: http://www.moray.gov.uk/moray_standard/page_75232.html
Moray Council Housing Functional Assessment: http://www.moray.gov.uk/moray_standard/page_42973.html
Moray Council Housing First operational procedure - Housing First is a specific model evidenced to be highly effective at ending homelessness for people with histories of repeat homelessness, multiple and complex needs, experience of multiple disadvantage and for whom other service have not been successful in ending their homelessness. It prioritises access to permanent housing combined with tailored, open-ended, wrap around support for the client that emphasizes choice and control.
Moray Health and Social Care Partnership Hospital Discharge Policy: http://www.moray.gov.uk/downloads/file122215.pdf
Armed Services Protocol – Currently under review: http://www.moray.gov.uk/downloads/file88679.pdf
Prison Discharge Protocol – Currently under review: http://www.moray.gov.uk/downloads/file88678.pdf
5. The expectation would be that they contact the relevant department with constituent queries.Please see below links to two documents which may be useful in this context:
Councillors Roles and Reaponsibilities - http://www.moray.gov.uk/moray_standard/page_1289.html
Code of Conduct - https://www.gov.scot/publications/code-conduct-councillors-9781787810778/
6. No; however, there may be instances when a Councillor would be required to provide a written mandate or suchlike before a request could proceed.
7. None.
Please see link to following document:
How to make a complaint against a Moray Councillor - http://www.moray.gov.uk/downloads/file88705.pdf
8. In considering all temporary accommodation placements, the Code of Guidance on Homelessness is considered. This indicates that the location of placements should as far as possible take into consideration issues around health, disability, support requirements, child care issues, educational requirements, employment, access to health care etc. We use a risk assessment when referring an applicant for temporary accommodation. This captures all of these factors and helps us to determine what type, size and area are suitable when offering temporary accommodation.
9. We have a range of temporary accommodation throughout Moray. We are continually changing our stock of temporary accommodation to make sure that we can offer various types and sizes of homes to suit the needs of our homeless households. The size and type of accommodation we offer applicants will depend on their circumstances and what we have available at the time.
We aim to always have temporary accommodation stock in the main areas of Elgin, Lossiemouth, Keith, Buckie and Forres. This means there should be temporary accommodation available in the areas where people want to live, although this is not always possible given the pressures on our stock.
In normal circumstances, we will make two reasonable offers of temporary accommodation to any applicant however this is not conclusive. We will always try to accommodate applicants in suitable accommodation in their areas of choice.
10. Not applicable under legislation.
11. No complaints have been made about staff during that period of individuals being coerced into accepting unsuitable properties.
12. The Council’s agreed Disciplinary Procedures may be initiated in instances where a compliant or issue arises.
13. No complaints were made during the period of staff failing to provide assistance within the 28-day (reasonable) timeframe.
14. The number of complaints was between 1 and 5. Due to the low numbers involved, release of this information could result in the identification of individuals. This information is therefore exempt under Section 38(1)(b) of the Freedom of Information (Scotland) Act 2002 - Personal Information. None of them were upheld.