Permission was granted on 12 February 2024 by Lord Hodge, Lord Sales and Lady Simler on three grounds of appeal: statutory construction; statutory guidance; and misdirection of law. This week the Scottish Legal Aid Board granted full civil legal aid which will enable the appeal to proceed.

The central issue in the judicial review of X v Glasgow City Council [2022] CSOH 35 was whether a local authority was under an absolute legal obligation to provide accommodation suitable for occupation by a homeless household, taking into account “the needs of a household”. The petitioner said it was. The respondent said it was not: the respondent had a discretion to balance the needs of the household against other demands on the respondent’s finite resources. Lord Ericht found in favour of the petitioner.

However, the respondent reclaimed (appealed) the decision of the Outer House of the Court of Session and the Second Division found in favour of the council in Glasgow City Council v X and Shelter, the National Campaign for Homeless People Limited (Interveners) [2023] CSIH 7.

The case concerns article 4(b) of The Homeless Persons (Unsuitable Accommodation) (Scotland) Order 2014 and the Housing (Scotland) Act 1987.

The Inner House held that temporary homeless housing provided by local authorities will likely be deemed to be suitable if it “generally meets the needs” of the household as a group.