TURNING homeless people away from council services because they cannot prove a local connection to the area may become illegal under new proposals aimed at reducing the growing numbers sleeping on the streets.

The suggested changes to “outdated” legislation, made in a Scottish Government consultation which opened on Thursday, come in response to fears that people refused help by over-stretched local authorities may end up sleeping rough.

Last week new figures showed homelessness is on the rise in Scotland, with 18,486 applications made between April and September last year, almost 300 more than during the same period the previous year.

Homeless charities claimed it was evidence that progress made over a number of years was now being eroded.

Meanwhile in Glasgow it was revealed that around 20 homeless people – including four believed to be street homeless – had died in the last six weeks. Their deaths were thought to be connected to street Valium, with Glasgow City Council and NHS Greater Glasgow and Clyde issuing warnings about the drug.

The local connection consultations follows recommendations made by the Scottish Government’s Homelessness and Rough Sleeping Action Group (Harsag) last year. It also suggests a change in the law about when someone is judged to be “intentionally homeless”.

The group of experts heard evidence that changing the rules on the need for homeless people to prove a local connection could reduce the numbers of people sleeping rough in Scottish towns and cities.

Homeless people have claimed they may be unwilling to apply for housing in their local area because they are fleeing violence, including domestic violence. Others are trying to tackle addictions by removing themselves from other users and local drug contacts and looking for a fresh start.

The consultation states: “Our expectation is that those who are homeless or rough sleeping are more likely to resettle successfully, and avoid repeat homelessness, if they are living in an area of their choosing and which supports other elements of their lives.

“People experiencing homelessness are best placed to make the judgement as to the geographical area which best meets these needs. Choice may lead to better outcomes than a strict interpretation of the legislative test.”

However, the consultation acknowledged the need to “ensure that these choices are realistic in terms of accommodation and support capacity within local authorities”.

Jon Sparkes, the chief executive of Crisis who also chaired Harsag, said: “We’re very pleased to see the Government moving forward with the recommendations – the scrapping of local connection and a change in the law around intentionality can’t come soon enough.”

However he claimed the current tests used to judge someone as “intentionally homeless” should be scrapped. “The law must be changed so that these tests cannot be used to block people in need from accessing support,” he added.

Graeme Brown, director of Shelter Scotland, also welcomed the proposals to change the law. He added: “It’s good news, that after 15 years, these two key elements of the Homelessness (Scotland) 2003 Act are finally being looked at once more.

“This should create a fairer system based on understanding a person’s circumstances and give them the help they need at a traumatic time in their life, rather than being pushed from pillar to post.”

In Scotland, groundbreaking legislation, introduced in 2012, means every “unintentionally” homeless person has the right to be provided with temporary housing.

But homeless charities have accused some councils of “gate-keeping” (turning people away without taking a homeless application) because there is no accommodation available.

Last July, Shelter Scotland organised protests after figures revealed Glasgow City Council breached its legal duty to homeless applicants more than 3000 times in a year.

Law firm Legal Services Agency has also raised concerns. Glasgow City Council said there was “significant pressure” on its supply of homeless accommodation.

Maggie Brunjes, chief executive of Glasgow Homeless Network, said: “The approach to homelessness in Scotland is rooted in universal rights based on a person’s need. In some cases we know that the local connection test imposed on people is a barrier to getting support quickly to get off the streets and into a settled home.”

Figures show 2682 people in Scotland have slept rough on at least one occasion in the three months before registering as homeless, with stats rising 10% in the last two years.

Brunjes claimed Housing First – an approach which aims to provide settled accommodation with necessary support put in place, rather than placing people in temporary B&Bs, hostels or flats until suitable was available – was a key part of the solution.

“Over the next three years Housing First will become the default response to rough sleeping across Scotland so this consultation, on what many in the sector view as an outdated and pejorative test, is timely and welcome.”

A spokesman for the Convention of Scottish Local Authorities (Cosla) said: “Local government is committed to tackling homelessness. Our frontline staff work tirelessly to prevent and respond to those presenting at our services who are homeless or at risk of homelessness.

“The move to revise arrangements on local connections and intentionality seeks to remove legislative barriers for applicants. Cosla and our member councils will work with Scottish Government and partners to consider the implications of these changes.”