PREVENTING HOMELESSNESS IN SCOTLAND

Recommendations for legal duties to prevent homelessness: A report from the Prevention Review Group

FEBRUARY 2021 Preventing homelessness in Scotland 3

Contents

Forewords 4 Executive Summary 6 “ Introduction 9 Becoming homeless is one of PART 1 Duties on wider public bodies and landlords 21 the most damaging situations Principles: Ask and act duties 22 someone can find themselves Health and social care 22 Case co-ordination for people with multiple or complex needs 24 in. There is a moral imperative Children’s services 25 to prevent homelessness, Assistance for young people 25 Landlords 27 and it is often much easier Criminal justice 28 to prevent than to fix. Domestic abuse 30 Local authority duty to respond to referrals 31 Joining up services through strategic planning 32 PART 2 Reforming the homelessness system to incentivise prevention 33 ” Principles for changing the current homelessness framework 34 Proposals in detail 34 Conclusion 42 Summary of recommendations 44 Appendices 52 1 Proposed legislative changes 53 2 Current and proposed duties in Scotland, Wales and England 69 3 List of stakeholders consulted 72 4 PRG terms of reference and membership 74 5 Relevant HARSAG recommendations 76 Acknowledgements 78

Author: Beth Reid 4 Preventing homelessness in Scotland Preventing homelessness in Scotland 5

Foreword – Professor Suzanne identify any issues at an early stage, to act where Fitzpatrick, chair of the Prevention a problem is identified, andwork together, to Review Group prevent homelessness wherever possible. Scotland is rightly proud of having some of the The report contains a range of recommendations, best homelessness legislation in the world. Yet too putting collective action at the forefront of many people experience the trauma and indignity assistance, and the experience of people facing of homelessness and the disruption that can be homelessness at the centre of the process. associated with spending lengthy periods of time Together these form a coherent package of in temporary accommodation. measures which hold the potential to protect people from homelessness. Beginning in late 2019, the Prevention Review Group has taken forward the work carried out by Scotland has laid down some of strongest the Homelessness and Rough Sleeping Action protections anywhere in the world for people Group and the subsequent Scottish Government facing a homelessness crisis. The work in this / COSLA Ending Homelessness Together Action report sets out the next step, to prevent people Plan, to recommend new legal duties on local having to face these crises in the first place. authorities and other public bodies to prevent We need this twin-pronged approach if we are homelessness. to move closer to our shared goal of ending homelessness in Scotland. Research shows at least 8% of the Scottish population has experienced homelessness – a proportion that together we can and must reduce. Foreword – Lisa Punton, Prevention Commission Member While we have strong protections in place to help Having worked in the sector for more than 10 individuals and families when they are at imminent years it was a joy to be able to work on the risk of losing their home, we have laid far less Prevention Commission and contribute to this Forewords emphasis to date on effective work to prevent report of the Scotland Prevention Review Group. homelessness happening in the first place. This means it is all too common for someone to reach Over the years I have become increasingly crisis point before they get the help they need. frustrated with the existing legislative framework. In providing such a strong safety net for people It was this need to act earlier and prevent people experiencing homelessness something of what from ever having to experience the trauma of we were trying to achieve, which is to prevent homelessness, which drove the work of the homelessness, was lost. Similarly, the policy Prevention Review Group. recognition that homelessness is often the failing Our work was guided by three principles: that of all services and public policies, and the role there should be a collective responsibility across of other public bodies in preventing it, is long public services to prevent homelessness; that overdue. intervention to prevent homelessness should Having lived experience in this process was start as soon as possible; and that those at risk crucial, whilst we often think we know how good of homelessness should have greater choice in our systems and processes are, those who have where they live and access to the same options as experienced them can tell us how they truly other members of the public. impact on their lives amid crisis and trauma. Strongly influenced by the Prevention For me this was powerful. It challenged my Commission, a group of people with lived and thinking in some areas but also affirmed it in frontline experience of homelessness, and shaped others, which was reassuring as a service provider. by expertise from stakeholders across a wide If we really want to end homelessness those with range of sectors, the recommendations in this lived experience must always have a seat at the report hold the potential to radically change the table. I also met some lovely people and hope to face of the homelessness system in Scotland. stay in touch with them. Central to the report is the need for relevant public bodies to ask about people’s housing situations to 6 Preventing homelessness in Scotland Preventing homelessness in Scotland 7

Scotland has historically had some of the Duties on wider public bodies strongest homelessness legislation in the world. There should be a shared public responsibility But at least 8% of the Scottish population have to ensure no one ends up without a roof over experienced homelessness. This figure can and their head. Effective homelessness prevention must be reduced so that as few people as possible requires action as early as possible. People have to experience the trauma and indignity of facing housing difficulties may be involved with homelessness. various services before they make contact with The independent Prevention Review Group (PRG) housing or homelessness service, providing was set up at the request of Scottish Government potential opportunities to act early. Health and to take forward work on preventing homelessness social care services, children’s services, police identified by the independent Homelessness and prisons may all work with people who are at and Rough Sleeping Action Group and the risk of homelessness, as well as social and private subsequent Scottish Government / COSLA Ending landlords, providing opportunities to identify issues Homelessness Together Action Plan published in early and intervene. 2018. The Group’s task was to identify legal duties Public bodies should: on local authorities and other public bodies to prevent homelessness. • Ask about people’s housing situations to identify any issues at an early stage The Group was chaired by Prof Suzanne Fitzpatrick of Heriot-Watt University and included • Act where a problem is identified, so that local authority bodies and representatives from people get the right support to prevent Executive summary the housing and homelessness sectors and homelessness. This might be by acting within from health and social care. A wide-ranging their own powers or referring on to more consultation process was carried out, involving appropriate help around 100 organisations from different sectors. • Work together so that no one leaves an The Group was supported by the Prevention institution such as prison or hospital without Commission, a group of people with lived and somewhere to sleep that night frontline experience of homelessness, who met regularly during the lifetime of the PRG to discuss Specific recommendations are made for relevant and shape the proposals. They emphasised the public bodies and for social and private landlords importance of choice and control for people based on these principles. facing homelessness, and of services working in Notably, the Group have made recommendations partnership with them to find out what assistance in these priority areas: they need to address their situation. • Health and social care partnerships should The Group’s foundational principles were that co-operate with the local authority to plan • There should be a collective responsibility for the needs of applicants for homelessness across public services to prevent homelessness assistance who may have health and social care needs • Intervention to prevent homelessness should start as early as possible • Where people needing homelessness assistance have complex needs requiring input • People facing homelessness should have an from multiple services, a case co-ordination appropriate degree of choice in where they approach should be put into place live and access to the same accommodation options as other members of the public, with • 16 and 17 year olds who are at risk of protections in place to prevent them from homelessness should be assisted by children’s becoming homeless again. services rather than adult services • Recommendations in relation to support for victims of domestic abuse include: 8 Preventing homelessness in Scotland Preventing homelessness in Scotland 9

o Support and security measures to remain place to so that the accommodation secured to safely in their own home where this is their resolve their housing problems is both settled and preference suitable for their specific needs. o Access to free legal aid to get an exclusion The recommendations of the Group seek to order to prevent them losing their home, if achieve the following: this is appropriate for them 1) Clarify, strengthen and extend a duty to prevent o Social landlords should put in place homelessness, and integrate it within the main protocols to address housing issues relating statutory framework, so that local authorities to domestic abuse assist anyone threatened with homelessness in the next six months. Requirements for effective strategic planning by all the relevant services, including the local 2) Prescribe a range of reasonable steps to be authority, health and social care partnerships and used to prevent or alleviate homelessness, other community planning partners will help join based on the existing Housing Options up services and provide a coherent approach framework. These steps are to be included in to homelessness prevention. The National a personalised and tailored housing plan that Performance Framework should have an emphasis enhances applicants’ choice and control. Where on enabling people to live successfully in their applicants have housing support needs these housing to minimise homelessness. should be assessed and met. 3) Ensure the service meets the needs of specific Reforming the homelessness legislation groups at risk of homelessness by working with Local authorities have expressed concern about other services and partners, including for those how to do effective homelessness prevention experiencing domestic abuse, and those leaving within the current statutory framework, particularly prison, care and other institutions, those facing after the critical 2014 Housing Options report from a threat of homelessness living in the private the Scottish Housing Regulator. Recently in Wales, rented sector. and subsequently in England, new legislation has 4) Ensure people requiring assistance to prevent been developed to strengthen the homelessness or alleviate homelessness are assisted into framework in those nations so that there is much accommodation which is available for a more emphasis on helping people at an early minimum of 12 months and suitable to their Introduction stage, so that they don’t lose their homes at all, or needs, with appropriate safeguards to ensure are rehoused rapidly without having to have the that homelessness does not reoccur. This lived experience of homelessness. would allow a wide range of accommodation The PRG have developed a comprehensive set options, allowing people choice and control of proposals which, if enacted, would transform insofar as possible. the homelessness system to focus on helping 5) Provide clarity and accountability in the system, individuals as early as possible so that as few giving people appropriate and effective rights of people as possible lose their homes and face the reviews and challenge throughout the process. trauma and indignity of homelessness, and avoid There should be a comprehensive right to the disruption of having to move into temporary request a review of decisions at all stages of the accommodation. The homelessness system process. Where the applicant is still not content should become the last resort safety net it was with the outcome, they should have a right to intended to be, with most people helped well challenge decisions through the Housing and before they reach that acute crisis stage. Property Tribunal. Such a system would be based on partnerships A full list of recommendations is included at the at operational and strategic level, with prevention end of the main report. Draft legislative clauses are work starting from six months away from losing included at appendix 1 which set out the Group’s accommodation, giving applicants greater choice intention in detail. and control, while having strong protections in 10 Preventing homelessness in Scotland Preventing homelessness in Scotland 11

Background to the Group The initial action plan on ending homelessness “the working group will develop Policy and legislative context published jointly by Scottish Government recommendation to the Scottish Government Homelessness has rightly gained increasing and COSLA in response to HARSAG’s for a legal duty or duties on Scottish local focus in recent years. In autumn 2017 First Homelessness prevention across Great recommendations3 stated: authorities and wider public bodies to Minister Nicola Sturgeon commissioned the Britain prevent homelessness. The Group will Homelessness and Rough Sleeping Action We will work with public bodies, housing also provide advice on how to ensure The Group began its work by examining the Group (HARSAG) to identify recommendations 4 5 providers and other partners to develop the recommendations are successfully current situation in Wales and in England to tackle rough sleeping, reduce the use of a new duty on local authorities, wider implemented in the context of wider reforms following the implementation of their new temporary accommodation and, ultimately, to end public bodies and delivery partners for the to homelessness provision in Scotland”. legislation. Alongside HARSAG, both Shelter homelessness in Scotland. HARSAG, as it became prevention of homelessness… Scotland and Crisis have made recommendations known, published its final set of recommendations The Group has been specifically tasked to address in recent years to consider a similar approach We will ensure local authorities, housing in June 2018. legal duties to prevent homelessness. Effective to the Welsh prevention duty in Scotland6. Calls providers and public bodies work together legal duties can create enforceable protections They noted that “The culture we are proposing for action to involve wider public bodies in to prevent homelessness and rough for individuals, drive the allocation of resources, 7 places the homeless person or household at homelessness prevention go even further back . sleeping at every opportunity. As part of the set expectations, shape incentive structures, and the centre and ensures that all professionals development of the prevention duty…, we propel positive cultural change. On the other The intention was to draw on the best of those are working together in the interests of that will work with expert practitioners, public hand, where legal duties are unclear they can new statutory processes to improve prevention person not becoming homeless or having their bodies and housing providers to develop create barriers to effective practice. work for people at risk of homelessness, whilst homelessness resolved quickly and sustainably the ways in which they can support those building on the vital strengths of the existing 1 if they do become homeless” . Prevention of they come into contact with at an early Scottish system. The Group is clear that, while homelessness was a strong and recurring theme stage to prevent them becoming at risk of Structure of report there are lessons to learn from these provisions, throughout their work, in recognition of the homelessness… they operate in a very different context, with importance of stemming the flow of people Below we discuss the current policy and legislative the continued use of the priority need test, and Our work to develop a new wide-ranging into homelessness in the first place. Relevant context for homelessness prevention in Scotland, particularly in parts of England, extreme pressures prevention duty will help drive better join up recommendations are set out in Appendix 3 and England and Wales, and look briefly at the on the housing market, and the provisions do not in planning, resourcing and delivery. (p23, include the following: statutory role of other public bodies. We go on to fully reflect the intent of the Group. For instance, p37, p39) set out how we approached the work, including it is clear that the duties in Wales and England on Legislate for a new prevention duty that our foundational principles. brings the “Housing Options” approach into wider public bodies to co-operate and to refer to local authority homelessness services respectively the heart of the statutory homelessness The task The main body of this report is structured into framework – so that outcome-orientated two parts. The first addresses the role of public need to be strengthened to make them more preventative practice can be better regulated, The Scottish Government asked Crisis to convene bodies and landlords outwith the homelessness effective. A table comparing the current duties in and also encouraged, as local authorities an independent group of experts chaired by framework to ensure that opportunities are taken Wales, England and Scotland, and the proposed engaging in good preventative work will Professor Suzanne Fitzpatrick of Heriot-Watt to prevent homelessness before this reaches crisis duties for Scotland are included at Appendix 2. no longer be exposed to legal challenge. University in order to develop legislative proposals point, and makes proposals for legal requirements Extend robust preventative duties to other to prevent homelessness. Group members were to act so that as few people as possible find Rates of homelessness across the three nations identified jointly by the chair, Scottish Government public bodies, Housing Associations and themselves without somewhere to live. The Scotland consistently has a much higher rate of and Crisis. The Group membership is listed at other organisations commissioned by second part focuses on reforming the current homelessness acceptances compared to England Appendix 4. The secretariat was provided by Crisis public bodies to deliver homelessness and statutory framework on homelessness to give and Wales, as shown in the diagram below8. 2 staff. associated services . greater priority to preventing homelessness. Around 11 in 1000 Scottish households each year, Specific reference was made to examining the Following on from the recommendation made recent experiences of changes to homelessness by HARSAG, and the action in the joint Scottish legislation in both England and Wales, which Government and COSLA Ending Homelessness now place a strong emphasis on preventing Together High Level Action Plan, the Group set out homelessness. the task as follows: 4 Mackie, P., Fitzpatrick, S., Stirling, T., Johnsen, S., and Hoffman, S. (2012) Options for an Improved Homelessness Legislative Framework in Wales. Cardiff: Welsh Government; Fitzpatrick, S. et al (2017) Homelessness Monitor: Wales 2017. Crisis; Ahmed, A, Wilding, M, Gibbons, A, Jones, K, Rogers, M, Madoc-Jones, I (2018) Post-implementation evaluation of Part 2 of the Housing Act (Wales) 2014: Final report 5 Crisis (2015) The homelessness legislation: an independent review of the legal duties owed to homeless people. London: Crisis; Fitzpatrick et al (2019) Homelessness Monitor England 2019; Crisis (2019) Crisis evidence to the Communities and Local Government Select Committee inquiry: One year on since the introduction of the Homelessness Reduction Act https://old.parliament.uk/documents/ commons-committees/communities-and-local-government/Crisis-written-evidence-HRA-one-year-on.pdf 1 HARSAG (2018) Ending Homelessness The report on the final recommendations of the Homelessness and Rough Sleeping Action Group, 6 Shelter Scotland (2016) Homelessness: Far from fixed – Why Scotland needs a national homelessness strategy; Crisis (2018) Everyone In p2 https://www.gov.scot/groups/homelessness-and-rough-sleeping-action-group/ How to end homelessness in Great Britain 2 HARSAG (2018) Transforming the use of temporary accommodation in Scotland: an interim report on the activity of the Homelessness and 7 Shelter Scotland (2013) People not process: An action plan for the delivery of Scotland’s homelessness commitment Rough Sleeping Action Group, Recommendation 2 8 Fitzpatrick and Bramley: Homelessness and Complex Needs: Comparing Policies and Outcomes Across Great Britain. Powerpoint 3 Scottish Government / COSLA (2018) Ending homelessness together high level action plan presentation 12 Preventing homelessness in Scotland Preventing homelessness in Scotland 13

or one in every 90, are accepted as requiring of people making homeless applications. The obtained from Freedom of Information requests with homelessness. Of the prevention cases homelessness assistance from their local authority. Scottish Government infers from this “that in its in 2018 put the bill for temporary accommodation that were closed in the last year, 58% secured Some of this difference between nations relates current form, the impact of housing options work at £660m over five years12. In human terms, at its accommodation for six months or more and so to different levels of entitlement and support is unlikely to lead to further large reductions in worst, temporary accommodation can lead to had their homelessness prevented. Some of this in each nation and over time, and specifically applications beyond those already seen”9. a deterioration in people’s physical and mental was in their existing accommodation, and some greater availability of support on becoming wellbeing13. moving to other accommodation. 19% of these homeless in Scotland. Nevertheless, this suggests The result of such high rates of homelessness people became homeless and went on to the a concerningly high part of the population in applications and acceptances is very high use of Meanwhile, over the past six years in England and homelessness relief duty. This means that the Scotland become homeless annually. temporary accommodation, with the number of Wales, legislation has been created to prevent local authority must take reasonable steps to help households in such accommodation consistently homelessness by taking steps to intervene as early the applicant so that accommodation becomes Notably, over the last two years there have around 11,000 at any one time, around three times as possible for people at risk of homelessness. In available for six months17. For 9% contact was lost 10 been decreases in the rate of full homelessness the number of twenty years ago . Most temporary these jurisdictions, this is particularly beneficial for and 7% had no further action taken18. acceptances in England and Wales, following the accommodation placements are in social housing. those households not likely to be entitled to a full introduction of new prevention legislation there. In 2013 Audit Scotland estimated that it cost rehousing duty because they are not found to be Accommodation to prevent homelessness This suggests that the legislation has led to the councils 75% more to accommodate people in in priority need. The legislation is contained within was secured in a range of accommodation resolution of cases that otherwise would have temporary accommodation than it would have Part 2, Chapter 2 of the Housing (Wales) Act 201414 types, primarily evenly split between the private ultimately lost their accommodation and had to done to house them in a permanent home11, and the Homelessness Reduction Act 201715 (HRA) and social sector: 42% were housed in social apply for full homelessness assistance. Meanwhile while also reducing the amount of social housing for England. accommodation and 41% in private rented Scotland has seen a slight increase in the rate available for permanent accommodation. Figures accommodation. A further 9% stayed with family, Following the introduction of the 2014 Act, and 1% moved into owner occupation19. two thirds (62%) of people who approached 20 Homeless priority need acceptances per 1000 households by country, 1997-2018 homelessness services in Wales in 2016/17 had In addition, the evaluations of the impact of the their homelessness prevented, with 77% of this new legislation in Wales and England suggest that group assisted into alternative accommodation. 18 it has led to a more proactive and person-centred 18.00 out of 22 local authorities say they are doing more culture, albeit implementation has not been as prevention work, and that it is more inclusive, and consistent or effective as might be desirable, and 16.00 13 out of 22 also say it is now more effective16. both countries remain inhibited by the continued priority need test, unlike Scotland. England in 14.00 Since the introduction of the English particular suffers from chronic housing shortages21 Homelessness Reduction Act, the majority (54%) and affordability problems22 that are holding back 12.00 of people seeking assistance are threatened

10.00

12 Goodwin, K, Geoghegan, P (2018) Councils paid £660m for temporary homeless accommodation, The Ferret, 17 August 2018 8.00 https://theferret.scot/councils-half-billion-temporary-accommodation/ 13 Crisis (2018) I won’t last long in here: Experiences of unsuitable temporary accommodation in Scotland; Watts, B, Littlewood, M, 6.00 Blenkinsopp, J & Jackson, F 2018, Temporary Accommodation in Scotland: Final Report. Social Bite, Edinburgh. 14 http://www.legislation.gov.uk/anaw/2014/7/part/2/chapter/2/enacted 4.00 15 http://www.legislation.gov.uk/ukpga/2017/13/contents/enacted 16 Fitzpatrick, S. et al (2017) Homelessness Monitor: Wales 2017. Crisis 17 If the applicant in not in priority need, or is intentionally homeless, or if a decision has not been made on these, the relief duty may come to 2.00 an end after 56 days if the local authority has taken reasonable steps to provide assistance. People will only receive interim accommodation if they are considered to be in priority need and therefore likely to be eligible for the main housing duty. 0.00 18 MHCLG (2020) Statutory Homelessness Annual Report, 2019-20, England https://assets.publishing.service.gov.uk/government/uploads/ 1995 2000 2005 2010 2015 2020 system/uploads/attachment_data/file/923123/Annual_Statutory_Homelessness_Release_2019-20.pdf and https://assets.publishing. service.gov.uk/government/uploads/system/uploads/attachment_data/file/930561/StatHomeless_202006.ods 19 ibid England Wales Scotland 20 Ahmed, A, Wilding, M, Gibbons, A, Jones, K, Rogers, M, Madoc-Jones, I (2018) Post-implementation evaluation of Part 2 of the Housing Act (Wales) 2014: Final report; Shelter Cymru (2016) Reasonable steps: Experiences of homelessness services under the Housing (Wales) Act 2014; Fitzpatrick, S., Pawson, H., Bramley, G., Wilcox, S., Watts, B. & Wood, J. (2017) The Homelessness Monitor: Wales 2017; Fitzpatrick et From Fitzpatrick and Bramley: Homelessness and Complex Needs: Comparing Policies and Outcomes Across Great Britain al (2019) Homelessness Monitor England 2019; Crisis (2019) Crisis evidence to the Communities and Local Government Select Committee inquiry: One year on since the introduction of the Homelessness Reduction Act 21 Bramley, G (2018) Housing supply requirements across Great Britain for low income households and homeless people. Crisis / National 9 Scottish Government (2018) Homelessness in Scotland 2017/18, p4 Housing Federation 10 As a result of the COVID-19 pandemic, numbers in temporary accommodation have risen significantly, and stand at 14,229 at the end of 22 Analysis of Local Housing Allowance rates in 2019 showed that private sector accommodation was unaffordable in 97% of areas in England, September. Scottish Housing Regulator (2020) September monthly COVID dashboard compared to 82% of areas in Wales and 67% areas in Scotland. Basran J (2019) Cover the Cost: How gaps in Local Housing Allowance are 11 Audit Scotland (2013) Housing in Scotland impacting homelessness 14 Preventing homelessness in Scotland Preventing homelessness in Scotland 15

the effectiveness of the HRA. However, rights for those threatened with failed and its responsibility to secure settled At the same time, work on Housing Options homelessness are less clear cut. accommodation arises25. is primarily being recorded as signposting to Since the introduction of legislation, there has other services (54% of work), rather than a more been a drop in the number of homelessness Under section 32(2) of the Housing (Scotland) Act Around 2010, the Housing Options agenda was proactive case management approach. The most acceptances in each country. In Wales in 2016/17 1987, if someone is threatened with unintentional developed in Scotland to support local authorities common outcome of a Housing Options case is a there was a 59% drop in full homelessness homelessness in the next two months, then the to prevent and alleviate homelessness more homelessness application, accounting for 21,387 acceptances compared with 2014/15, from 5,070 authority must take “reasonable steps to ensure effectively, particularly in the context of abolishing cases, or 50% of outcomes in 2018/1932. household to 1,611 (the year before the legislation that accommodation does not cease to become the legal test of priority need. Housing Options came into effect). In England homelessness available”. The Homelessness Code of Guidance has been noted as one of the most significant HARSAG noted that “a prevention duty should acceptances dropped from 50,600 households goes on to state: developments in homelessness policy in recent place responsibility on public bodies and other in 2017/18 to 30,500 the following year, a fall of years, and has led to a significant reduction in the allied organisations to work effectively together to 46%, as the legislation came into effect and more The accommodation obtained for a person number of people needing to make homelessness prevent and relieve homelessness where someone people had their homelessness prevented. threatened with homelessness need not applications26. But a tension emerged between is at risk of homelessness… In addition to this, be his or her existing accommodation, the non-statutory Housing Options approach existing powers should be used to reduce barriers This suggests that the introduction of prevention although in practice this will often be the and statutory homelessness framework, whereby to people getting the support they need so that legislation in Scotland could allow a much best option; assuming that it is reasonable actions to prevent homelessness were perceived people can be helped at the earliest opportunity greater proportion of people to seek assistance for the applicant to continue to occupy it. If as “gatekeeping” access to statutory assistance and use of temporary accommodation can be before they become homeless. This could lead the local authority concludes that the loss through a homelessness application. This has reduced or eliminated… Implicit in many of the to a reduction in the proportion of the Scottish of the applicant’s present accommodation been widely highlighted, notably by the Scottish recommendations on prevention is the need population that needs to make an application to cannot be avoided, it should consider what Housing Regulator in 201427, and more recently to continue to build on the strengths of the their local authority because they have become duties it would have towards him or her if the in a consultation to inform the work of HARSAG28, Housing Options model, ensuring it is equipped homeless, often with the resultant long periods in person becomes homeless and act quickly and work by both Shelter Scotland and Crisis29. and resourced to be accessible to all, flexible in temporary accommodation and with significant to prevent homelessness – and particularly relation to the needs of people who are homeless 30 associated financial and human costs. It could rooflessness – actually occurring. In either Clarification of guidance in 2016 means a local or at risk of homelessness.”33 also support a more proactive and person-centred case, local authorities should intervene as authority must take a homelessness application approach amongst local authority homelessness early as possible. where anyone is threatened with homelessness Finally, the statutory definition of homelessness in services. in the next 56 days. However, in 2019/20, local Scotland is – rightly – defined very broadly. Only If it is not possible to prevent the loss of the authorities recorded less than 5% of homeless a very small proportion of homeless applicants accommodation, the authority must ensure Homelessness prevention in Scotland applications (1,737 households) being related sleep rough immediately before applying as that other housing becomes available. Unless to a threat of homelessness rather than current homeless – 4% in 2019/2034. Many people who are Scotland rightly has a reputation for having there is a change of circumstances the homelessness . For those unintentionally facing found to be homeless under the legal definition strong rights for people who become homeless. household will still be in priority need and homelessness, only 1,260 returned to their current will not yet have left the accommodation which The discharge of a local authority’s duty to unintentionally homeless and therefore this or previous accommodation, 5% of housing they are about to lose. For instance, a young someone who is homeless is clear, to secure accommodation should be provided on a outcomes31. person may have been told by their parents 23,24 that accommodation becomes available for permanent basis . they have to leave by the end of the month, a occupation. The definition of what steps are reasonable is not explicit in legislation or the guidance, and it is This can be into one of two types of permanent 25 We refer to the local authority in this report. However, we acknowledge that under the Public Bodies (Joint Working) (Scotland) Act 2014 accommodation: not clear what duration and security of tenure is the responsibilities for homelessness under Part IV of the Housing (Scotland) Act 1987 discussed in this report may be delegated to the sufficient to sustainably resolve the homelessness Health and Social Care Partnership. In practice, only a small number of areas have chosen to delegate responsibility for homelessness to • A Scottish secure tenancy in the social sector risk. The role of applicant choice in accepting the health and social care partnership, most notably in Glasgow. (or a short Scottish secure tenancy in certain preventative measures or choosing to seek a 26 Fitzpatrick, Pawson, Bramley, Wilcox and Watts (2015) Homelessness Monitor Scotland. Crisis circumstances) new settled option through a homelessness 27 Scottish Housing Regulator (2014) Housing Options in Scotland: Thematic inquiry application is also not clear. Thus, it is difficult 28 Indigo House (2018) Scotland’s transition to rapid rehousing: market area analysis, legislative and culture review • A private residential tenancy, or in the past, for local authorities to know at what point 29 Shelter (2020) Public bodies and homelessness prevention: working towards a prevention duty; Dunn, L (2020) Rapid rehousing Transition an assured tenancy (but not a short assured their responsibility to prevent homelessness is Plans: A Scottish overview. Crisis tenancy) 30 Scottish Government / COSLA (2016) Housing Options guidance, p27 discharged, or when their reasonable steps have 31 Scottish Government (2019) Homelessness in Scotland 2018/19. Recording of “threatened with homelessness” applications varies widely across Scotland, from over 30% of applicants making an application before becoming homeless in East Dunbartonshire and Argyll & Bute, compared to no applicants being threatened with homelessness in Clackmannanshire, Inverclyde, Orkney or Shetland. In Edinburgh and Glasgow respectively, only 15 and 10 households are recorded as making an application prior to becoming homeless (0.5% and 0.2% 23 A homelessness application is not mentioned at this stage of the guidance, but there is a clear expectation that the local authority has a of successful applicants). It may be that in recording the statistics local authorities do not clearly distinguish between threatened with reasonable belief that there is a threat of homelessness and that this is not intentional, which suggests an investigation has taken place. homelessness applications and applications where people are already homeless. But this again suggests a lack of clarity on prevention The requirement to take a homelessness application was however clarified in the 2009 and 2016 guidance, see below. If the threat of action. homelessness is decided to be intentional then the local authority has the responsibility to provide advice and assistance to support attempts by the applicant to ensure accommodation does not cease to become available. 32 Scottish Government (2019) Housing Options (PREVENT1) Statistics in Scotland 2018/19 24 Paragraphs 2.15 and 8.43 of the 2019 update of the guidance (Paragraphs 2.15 and 9.42 of the 2005 guidance; Scottish Executive (2005) 33 HARSAG (2018) Transforming the use of temporary accommodation, p5 Code of Guidance on Homelessness 34 Scottish Government (2020) Homelessness in Scotland 2019/20 16 Preventing homelessness in Scotland Preventing homelessness in Scotland 17

couple have just split up but are still living in the reduced. They also noted missed opportunities Scotland 2019 suggests that the necessary co- Stakeholders represented local authorities, Health same home, or someone may be living with an to address homelessness, such as when social operation is not always happening. Only 8 out of and Social Care Partnerships, Scottish Government abuser. In these situations, people will often be work notes someone as “not open to service” after 28 local authorities responding to the research and related bodies and third sector organisations statutorily homeless, but the accommodation trying to engage with them and subsequently the said that their local Health and Social Care from homelessness, housing, domestic abuse, may be saveable if appropriate steps are taken individual loses their home. This can mean that Partnership helps them prevent homelessness: children and young people’s services, health and to ensure that it is a safe and appropriate place responsibility for tackling homelessness is left to social care and the criminal and community justice for them to remain living in it. Alternatively, it the homelessness (or housing) department alone “…it’s a failure of services, whether health or sectors. A full list is included at appendix 5. may be possible to help them smoothly move and / or after situations are escalated to crisis social work, to pick up the harm that’s been somewhere else without having to have the lived point. done to that person at the time…and there’s The voices of people with lived and frontline experience of becoming actually homeless, and so many different opportunities to pick experiences were recognised as particularly particularly without having to go into temporary The duties on housing associations were latterly that up, until the person hits the homeless important. To that end, Crisis asked Homeless accommodation.35 supplemented by more enforceable duties, service. At that point in time, what they Network Scotland to set up a “Prevention specifically a duty on private and social landlords do need is somewhere to stay, but what’s Commission” made up of people with such In summary, a change to the law is required to notify the local authority when a landlord takes brought them there has been a series of experiences. The Commission held a series of in order to: clarify the place of homelessness eviction action, and a separate requirement on trauma, and other incidents, that’s had a meetings during the course of the Group’s work prevention in the existing statutory homelessness registered social landlords to house homeless detrimental effect on their mental health and and were instrumental in shaping the Group’s framework, so that prevention is not perceived as applicants referred by the local authority37. Like wellbeing...” thinking and proposals. The Commission’s reports gatekeeping; clarify what must be done to meet England and Wales, Scotland does not have a are available on the PRG’s webpage45. the duties; and to bring the law into line with best full duty on other public bodies to co-operate in (Independent key informant, 2018) practice. Requiring activity further upstream will individual cases to prevent homelessness38. An advocate specialising in housing law was Even while services do not formally co-operate commissioned by Crisis to draft legal proposals reduce the numbers of people losing their homes to assist homeless households, they may end up needlessly, as well as reducing use of temporary In England, a proposal in the original draft of in order to flesh out and stress test the Group’s the Homelessness Reduction Bill for a duty on providing support to people facing homelessness, recommendations and ensure that their intention accommodation with its accompanying high costs often through crisis support. As well as costs to relating to finance, pressure on social housing and a wide range of public bodies to co-operate could be translated effectively into law. These was amended during parliamentary process to a housing and homelessness services, research proposals represent the legal crystallisation of impact on people’s wellbeing. In addition, many suggests that the costs of failing to intervene people with statutory homelessness status may be duty to refer. It applies to a wide range of bodies the policy intentions of the Group, particularly in including prisons, Jobcentre Plus, social services, to prevent homelessness often accrue to wider relation to revising Part II of the Housing (Scotland) in a situation where their current accommodation public bodies including health and criminal justice can be saved, or they can move in a planned way emergency departments and hospitals and the 1987 Act and the accompanying Statutory regular Armed Forces, requiring these bodies to services, particularly through some of the more Instrument. These are included in appendix 1. to a new settled place without requiring temporary intensive and crisis services including A&E, acute accommodation with all the uncertainty, harm and refer anyone at risk of homelessness to refer them to the local authority homelessness service. It inpatient admissions, mental health services and stigma that may bring. 41,42 Prevention Commission principles does not apply to housing associations or GPs. criminal justice services . Research on the implementation of the English The views of those with lived experience of Co-operation to address homelessness Act demonstrates the importance of public bodies homelessness and those on the frontline are While there is a general duty in the Scottish working together, with 65% of service users in the Approaching the work central to our proposals. The Commission 39 emphasised that they wanted more specific help homelessness legislation to co-operate, this is case study research engaging with at least one The Prevention Review Group (PRG) were at an earlier stage so that they do not become limited to local authorities, housing associations other service at the time of attending Housing keen that the Group’s work be transparent. 36 homeless and do not have to make decisions in and social work services and is not perceived Options. Research in Scotland has uncovered a Papers, briefings and updates were published “crisis mode”, but if they do, then there should be as effective or enforceable. Local authority similar pattern, with a peak of interactions with online43, and stakeholders were encouraged to more flexibility in the assistance they receive, so stakeholders consulted suggested that historically health services just before someone makes their contribute through a series of themed stakeholder 40 that the duties are better balanced. Two themes there has been greater recognition of the wider first homelessness application . engagement meetings, submitting written in particular emerged from and underpinned local authority’s responsibilities in relation to responses and through one to one meetings with Evidence from the Homelessness Monitor all the discussions and work of the Prevention homelessness, but more recently this focus has the secretariat. Commission: In total, over 100 stakeholders contributed to the • Choice and control: inflexible legal duties 35 This is what we understand by the Scottish Government’s intention that “homelessness is ended” (Scottish Government 2018) Ending thinking of the Group over a 12 month period Homelessness Together High Level Action Plan ), not that people never meet the statutory definition of homelessness, but that they do not 44 often address generic situations and leave lose their accommodation. between November 2019 and October 2020 . 36 Section 38, Housing (Scotland) Act 1987 37 Section 11, Homelessness Etc. (Scotland) Act 2003; Section 5, Housing (Scotland) Act 2001 41 Pleace, N (2015) At what cost: An estimation of the financial cost of single homelessness in the UK. Crisis 38 The range of public bodies likely to be involved in homelessness prevention sit across reserved and devolved powers. While the Scottish Government has the powers to create duties affecting some of the key public bodies, they do not have power to direct some government 42 Waugh et al (2018) departments, notably DWP and Home Office, and change in these arenas will need to come from Westminster. 43 https://www.crisis.org.uk/ending-homelessness/scotland-prevention-review-group/ 39 Crisis (2019) Crisis evidence to the Communities and Local Government Select Committee inquiry: One year on since the introduction of 44 The initial intention was to publish the Group’s finding in June 2020. However, the work of the Group was halted for four months from the Homelessness Reduction Act March as a result of the COVID pandemic. It recommenced in June 2020 meeting online. 40 Waugh et al (2018) Health and homelessness in Scotland 45 https://www.crisis.org.uk/ending-homelessness/scotland-prevention-review-group/ 18 Preventing homelessness in Scotland Preventing homelessness in Scotland 19

people with no part to play in finding their own protections to mitigate further risk of The Prevention Commission stressed that a The limits of proposals for statutory positive solutions. The problem with the legal homelessness. Housing outcomes should “culture change [is] required to strike the balance duties position as it stands is that people have little be comparable across the prevention and between recognising homelessness legislation as choice and control in the process, and those homelessness duties. essential, while aiming for it to be used more as The task of the Group is specifically to focus on in the greatest housing need often have fewest the intended safety net than a default response for legal duties. Statutory duties are a necessary tool 50 to effect the kind of change needed to strengthen housing options. As far as possible the final What do we mean by homelessness too many people” . decision maker should be the household facing work to prevent people becoming homelessness homelessness so that the outcome reflects prevention? Therefore, we also consider that the process of in Scotland, and particularly to address the tension The Group has focused its attentions on having to go through the homelessness system, between housing options and the homelessness their priorities and needs. 51 preventing homelessness for groups at particular and especially into temporary accommodation, legislation . • Duties to ask and act: Public bodies should is something that should be avoided as far as risk of homelessness, and for people who are at In most cases our recommendations are for work with people to identify when they are at risk of losing their home in the near future – a possible for people who are either threatened risk of homelessness, and they should then with homelessness or who have statutory statutory duties in primary legislation. In some period of months or weeks. This is in line with cases, they may be more appropriate for act on that. For local authorities this should “targeted”, “crisis” and “recovery” prevention homelessness status but still currently have mean asking people what the assistance is that accommodation. Where loss of accommodation secondary legislation or statutory guidance. The identified in a recent typology of homelessness statutory measures we have proposed come as a they need as part of the assessment process. 47 can be prevented, this will generally be a more prevention . We are not looking at prevention package, which in our view works as a coherent For wider public bodies, such as the NHS activity further upstream such as awareness work humane approach and provide a better outcome services or community justice, this would be a for the household. whole. Implementing some aspects of our in schools or where there is a more universal proposals and not others may have unintended requirement to routinely ask about housing, and application, such as welfare or anti-poverty then act on that information. To minimise disruption and harm for individuals, consequences and risks undermining the integrity measures. and to maximise their dignity, choice and control, of the system as we envisage it, particularly with consideration should be given to what support regard to reform of the homelessness legislation. PRG principles At least 8% of the Scottish population has been through the homelessness system48. Going can be put in place either to enable them to stay in Recommendations related to secondary legislation Early on in the Group’s work we adopted the through the system often requires multiple their accommodation where this is appropriate, or or statutory guidance are no less important than following principles, shaped by those of the moves, especially where interim accommodation to assist them to move to somewhere else which recommendations related to primary legislation. Prevention Commission, and in line with the meets their needs and provides them with stability is necessary, which can be disruptive to family However, statutory duties are not a sufficient tool principles of the 2011 Christie Commission46, with so there is no longer a risk of homelessness. life, employment and social networks. At its by themselves. They must be accompanied by: the intention of seeking the best outcomes for worst it can be traumatising and stigmatising. Wherever possible we should avoid people having people at risk of homelessness by preventing their Over a quarter of people who have ever been to lose accommodation altogether and go into • Effective implementation. This must involve homelessness: homeless become homeless again in the future, temporary accommodation. clear national guidance, training and a shift in and the death rate for people who have used culture amongst services, as well as join up with • Responsibility to prevent homelessness should However, the protection of the duty on the local the homelessness system is around twice the relevant ongoing work, including consideration be a shared public responsibility and not rely authority ultimately to secure them a home in the rate of people from the poorest communities in of the timing and phasing of work. solely or primarily on the homelessness service. event of them having nowhere reasonable to live Scotland49. is critical. The strength of this duty for homeless • Appropriate resourcing. • Intervention to prevent homelessness should The use of housing stock for temporary rather people is unique to Scotland, and a guarantee start as early as possible. In many cases this than permanent accommodation is inefficient and that must always underpin any support for people • Monitoring of the operation of the system and will be before issues have escalated to a point expensive to the public purse. It is not designed facing the loss of their home. outcomes for individuals through thorough where homelessness appears imminent. to facilitate choice, but to offer accommodation and effective data collection about agreed In this way we intend to build on the existing outcomes, regulation and oversight. • People facing homelessness should have to someone in crisis, with a requirement on strengths of homelessness rights in Scotland by choice in where they live and access to the the local authority to make only one offer of empowering people to have more control and There are a range of ongoing strands of work same range of housing outcomes as members accommodation, into rented accommodation access to assistance when their home becomes that complement the work of the Group, notably of the general public, with appropriate either in the social or private sector. at risk and avoiding homelessness crises as much the development of the Housing Options as possible by building specific protection at an Training Toolkit, work on a number of prevention earlier stage. pathways in relation to homelessness, and work 46 https://www.gov.scot/publications/commission-future-delivery-public-services/ on supporting people with complex needs 47 The full typology is: Universal prevention – preventing or minimising homelessness risks across the population at large; Targeted beyond the homelessness sector. We have joined prevention – upstream prevention focussed on high risk groups, such as vulnerable young people, and risky transitions like leaving local authority care, prison or mental health in-patient treatment; Crisis prevention – preventing homelessness likely to occur within the next few months, usually defined as 56 days in line with current legislation across Great Britain on ‘threatened with homelessness’;Emergency prevention – support for those at immediate risk of homelessness, especially sleeping rough. Recovery prevention – prevention of repeat homelessness and rough sleeping. Latest figures from Scottish Government show that 15% of homeless applicants make another homeless application within five years. Fitzpatrick, S, Mackie, P, Wood, J (2019) Homelessness prevention in the UK: policy briefing http://thinkhouse.org.uk/2019/cache0719a.pdf 48 Waugh et al (2018) Health and homelessness in Scotland https://www.gov.scot/publications/health-homelessness-scotland/ 50 All in For Change Prevention Commission meeting 4 and 5 report, April and May 2020 49 Waugh et al (2018) Health and homelessness in Scotland 51 Bramley et al. (2019) Hard Edges Scotland: New conversations about severe and multiple disadvantage 20 Preventing homelessness in Scotland Preventing homelessness in Scotland 21

up discussions on these pieces of work where homelessness due to domestic abuse among possible. Effective integration with this and other a particular community or a particular risk of related work will be crucial to achieve the sea homelessness for young people who identify change envisaged by the Group to prevent people as LGBT, and developing appropriate services losing their homes. accordingly. Similarly, the reasonable steps and solutions to Equalities considerations homelessness will be different for groups with Equalities issues have been a theme throughout different needs. For example, for a lone mother the work of the Group. It was a repeated theme in a rural area whose children are approaching throughout stakeholder engagement, and some school age, an important factor in the location stakeholders had a specific focus on aspects of of settled accommodation may be the proximity PART 1 equalities, including Engender and LGBT Youth of future job opportunities. A large household Scotland, Rock Trust and Scottish Women’s Aid. facing homelessness may prioritise the right size Fundamentally homelessness is an equalities issue of accommodation to meet their needs, with which is rooted in poverty52. In addition, many location and tenure type. Ensuring that the voice Duties on wider people experiencing homelessness face other of someone facing homelessness is at the centre inequalities, including inequalities in health53 and of the process to address their situation will experience of crime54. support people to get the assistance that meets their specific needs. public bodies There are significant differences in the experiences of different groups facing homelessness. In relation to gender, for example, men are much more likely than women to experience rough and landlords sleeping, to have dependency of drugs and alcohol, to become homeless from institutions, and if single, to have repeat experiences of homelessness. Women make up a significantly larger proportion of homeless applicants over the age of 25, are more likely to be lone parents, are more likely than men to have support needs related to mental health, and are disproportionately likely to become homeless as a result of domestic abuse. White homeless applicants are more likely to have support needs than applicants of other ethnic backgrounds, and more likely to have slept rough. On the other hand, people from Asian backgrounds are at greater risk of homelessness as a result of a violent dispute in the household. To develop and tailor effective homelessness prevention services to local need, consideration must be given to the specific population and needs of people at risk of homelessness locally, including how specific characteristics intersect, such as recognising the high prevalence of

52 Fitzpatrick et al (2019) Homelessness Monitor Scotland 2019 53 Waugh et al (2018 Health and homelessness in Scotland 54 Sanders, B. & Albanese, F. (2016) “It’s no life at all”: Rough sleepers’ experiences of violence and abuse on the streets of England and Wales. London: Crisis. 22 Preventing homelessness in Scotland Preventing homelessness in Scotland 23

This section addresses the task of the Prevention Prevention Commission two principles emerged disabilities, and 3% have a learning disability57. primary responsibility for meeting those Review Group to identify a duty or duties to to underpin the role of other public bodies in accommodation needs should sit with the prevent homelessness on services beyond preventing homelessness. These were to identify a People with experience of homelessness make Health and Social Care Partnership. This is homelessness and housing. This is key to risk of homelessness, and secondly to “act” upon up the majority of attendances at some health intended to capture the needs of those who successful homelessness prevention, so that that information. The Group has framed these as services, particularly more acute services including require highly specialist medical or other people access support as early as possible and “ask” and “act” duties. In addition, it formulated the A&E (55%), acute hospital admissions (52%) and support. It is not intended to cover needs that issues can be addressed before they approach principle that no one should be discharged from admissions to mental health specialities (80%) might be met through Housing First provision. crisis point. Scottish institutions or evicted without somewhere and drug and treatment assessments (90%). They to stay that night. also make up nearly half (49%) of outpatient • Where a social worker or social care worker The Group strongly recommends that appointments. People’s use of health services identifies a risk of homelessness, they should requirements be incorporated into the legislation Each of the public bodies considered would need peaks just before they make their first ever make a referral to the relevant part of the of the relevant body, and not be placed in to identify whether the people they work with homelessness application58. local authority. If they consider that there are legislation primarily affecting homelessness and have a risk of homelessness, and then would have unmet social care needs, a social care needs housing options services. We believe this will a different role and opportunities to act on this Mental health issues contribute to loss of assessment should be carried out. be more effective in raising awareness of new information. In some cases the action required accommodation for 25% of homeless applicants, responsibilities amongst the relevant bodies and would be a referral to the local authority, similar and physical health issues for 9%. Drug or • Where it is identified that an individual support their integration into practice. to the referral duty created on public bodies in alcohol related issues contribute to loss of may have health and social care needs as England under the Homelessness Reduction Act accommodation for 8% applicants. There is part of an assessment of homelessness or In this section, we set out some brief context 2017. In other cases, the public body may be in a clearly an important role for health and social care threat of homelessness, or an assessment of 59 for why change is needed, then summarise our position to take more in-depth action to prevent services in preventing homelessness . housing support needs (s30A or 30B of draft recommendations. We have primarily set out our homelessness. legislation), a statutory duty is placed on the intentions as policy recommendations, and have Yet, as noted above, there is evidence of a lack health and social care partnership to co- drafted legislative proposals as exemplars in only A further principle of the Group is that no one of co-operation between health and social care operate with the local authority in planning to two areas, contained in appendix 1. In the next should be discharged from institutions without services and homelessness services to prevent meet those needs. section on the homelessness framework, we have anywhere to sleep that night. In the words of homelessness. One contributor to the Group’s presented draft amendments to homelessness the Prevention Commission, as far as possible, stakeholder discussion on health and social • By working with other partners, the local legislation, and where this is the relevant to this people should leave institutions “to go straight into care described there being “a cohort whose authority must ensure that the service for part of the report, we refer to the relevant section their own safe, secure homes”55. We want to see homelessness is driven by a failure to access prevention and alleviation of homelessness is of that legislation in bold brackets. All legislative public bodies work together with homelessness health interventions”. designed to meet the needs of people leaving hospital and people with mental illness or proposals are set out in appendix 1. and housing services to ensure that people In accordance with the Group’s principles for have accommodation at the point of leaving an impairment (s27A(4)). It should be noted that “homelessness prevention” wider duties, we recommend that: institution and that no one leaving their services • The local authority must provide assistance is the language of homelessness services, and becomes roofless. In practice, often the work to • A statutory duty is placed on the Health does not translate easily to other services, to anyone who is going to be discharged save accommodation may be best done at the and Social Care Partnership to identify the from hospital in the next six months and is particularly those not directly involved in housing. beginning of entry into an institution. housing circumstances of patients, and where Activities which prevent (or lead to) homelessness considered as threatened with homelessness necessary work with partners to ensure that (s24). may not be immediately identified as such by patients are assisted into suitable housing other services. For instance, health and social care Health and social care or that a risk of homelessness is prevented. Effective strategic planning across health and services have outcomes around supporting people Often the point of entry will be a critical point social care and housing services will support the to live at home but are more likely to interpret A high proportion of homeless applicants have to intervene, for example where someone fulfilment of these duties. Our recommendations these in relation to preventing admissions into health and social care needs. Around 30% of is entering hospital for inpatient psychiatric here are set out in more detail in a later section of hospital or care than preventing homelessness. people who have ever been homeless have assistance. Where the housing need is related the report. When discussing the role of other public bodies experienced a mental health problem, much to a lack of accommodation or housing in homelessness prevention it will be important higher than comparative groups from the most support needs, this should be a referral to A theme which emerged strongly from to consider language which is meaningful and and least deprived communities. 19% have the local authority for Housing Options and stakeholder discussions was the role of GPs. As a relevant to that service. had drug or alcohol related issues, very often homelessness assistance. universal and non-specialist service they have a combined with mental health issues56. Statistics key role in supporting people in a wide range of recorded by local authority homelessness • Where needs are more complex, to the extent circumstances. Research for the HRA in England Principles: Ask and act duties services suggest that around one in ten homeless that they cannot be supported in mainstream found that GPs are one of the most common applicants have medical needs, 6% have physical housing even with additional support, then services that people access after a housing Through discussions with stakeholders and the

57 Scottish Government (2020) Homelessness in Scotland 2019/20 55 All In For Change, Prevention Commission meeting 4 and 5, May and June 2020 58 Waugh et al (2018) Health and homelessness in Scotland 56 Waugh et al (2018) Health and homelessness in Scotland 59 Scottish Government (2020) Homelessness in Scotland 2019/20 24 Preventing homelessness in Scotland Preventing homelessness in Scotland 25

issue has occurred, but before they have been of homelessness for people with complex needs approaches like this. Some hold regular meetings supporting children and identifying factors to housing options. However GPs (who are not emerged as a strong recurrent theme in almost to co-ordinate support for people with complex that may present a homelessness risk, such as subject to the duty to refer) are one of the services every stakeholder consultation event, including needs, or people who are on the threshold of adult poverty or strain on relationships. Therefore, least likely to refer to housing options. Crisis has the specific issues facing women with complex support and protection. Other areas may identify we recommend that if a health visitor or called for GPs in England to be subject to the duty needs, particularly around domestic abuse, and individuals known across specific services such head teacher identifies that there is a risk of to refer60. Some good practice emerged from the importance of specific services for this group. as homelessness, criminal justice and substance homelessness for a family, they should make a stakeholder discussions to inform the PRG, and we misuse and put in place co-ordinated approaches referral to the homelessness service. recommend that GP practices should be under a We are aware that there is other work progressing to working with these individuals. The intention is requirement to refer to the local authority where on this area, including in relation to taking forward to allow flexibility for different local mechanisms. a housing need is identified. the Hard Edges research, and around assistance We are also cautious of defining complex Assistance for young people for people in prison who have health and social needs too closely, to avoid creating the service care needs. We have discussed our proposals boundaries that this group of people so often fall Homelessness among young people is more here with stakeholders involved in those pieces of between. than twice the rate for older people, with 15 Case co-ordination for people work, and we recommend that as each of these applications per 1,000 population for 16-24 year- with multiple or complex needs strands of work are taken forward, the proposals olds, compared to 7 per 1,000 for those over 2467. Official homelessness statistics may classify young Research looking at the numbers of people are brought together to ensure an integrated Children’s services experiencing severe and multiple disadvantage approach across services working with people people between 16 and 18 as either children in Scotland found evidence of around 5,700 with complex and multiple needs. Around 27% of households making a or adults, and in 2019/20 1,495 16 and 17 years homelessness application include children, with classed as adults were involved in a homeless people in one year experiencing a combination of In relation to statutory duties, to prevent (further) offending, substance misuse and homelessness, 10,129 applications in 2018-19, representing application, and an additional 620 16-18 year-olds homelessness for this population, the Group 14,043 children63. Three quarters (76%) are single who were considered as children. Young women while another 28,800 experience a combination of recommends that for people with complex two of these disadvantages61. parent households, primarily headed by women: are disproportionately affected, making up the needs requiring input from two or more public female single parents make up 17% of all homeless greater proportion of applicants (unlike in other Those with complex needs are at serious risk of services to support their health or wellbeing, applicants64. Female single parents are twice as age groups), and one in five (21%) applicants in this falling through the cracks in mainstream service or to facilitate community safety, a case co- likely to be homeless as a result of a violent or age group have children. provision, including accessing normal housing ordination approach is put in place. These needs abusive dispute than homeless applicants as a options/homelessness services62. The Hard Edges would include, but not be limited to, risk of whole (27% compared to 13%)65. There is clear evidence of particular risk factors, Scotland research looking at the needs of this homelessness, substance misuse or involvement including experience of a range of adverse group found that homelessness services often with criminal justice, including support and Households with children are more likely to childhood experiences, running away, truanting “carry the can” and lead on cases with this client services that may be provided by the health board become homeless from the private rented sector or being excluded from school, or being a lesbian, 68 group, particularly in the absence of a court order. or integration authority, other parts of the local (PRS), accounting for 48% of applicants from the gay, bisexual or transgender young person . Nevertheless, authority, community justice partners (see s13 PRS in 2018/19. Households with children are Experience of homelessness at a young age Community Justice (Scotland) Act 2016) and more likely to identify unmet need for support increases the risk of later homelessness69. This while homelessness services and Housing relevant third sector partners. from housing, social work or health services as demonstrates the opportunities and urgency of Options teams may seek to make referrals to a factor in their homelessness, but they are less preventing homelessness for young people. addiction and mental health services for SMD The approach should consist of: likely to have support needs such as mental health, Nevertheless, stakeholders and group members (severe and multiple disadvantage) clients, a. Identification of a professional to lead on substance issues or lack of independent living they had no command over these resources, skills. Households with children spend longer in noted that a focus on youth homelessness has contact with the individual and co-ordinate dissipated in recent years. They emphasised the nor the necessary authority to coordinate service provision temporary accommodation, on average 219 days timely multi-sectoral interventions for people compared to 166 days for households without importance of age-appropriate services for young with complex needs. b. A means for overseeing case co-ordination to children66. people, with a strong relational focus, support to develop independent living skills, recognition While 51% of homeless applicants now have at i. Identify and address gaps in service Schools and health visitors have key roles in of the challenges of isolation, loneliness and least one support need (including some which can provision and co-ordination for such be met through housing support), 19% have two individuals or more support needs, suggesting a need for the ii. Manage and prevent escalation of risk 63 This figure includes 620 16 – 18 year olds. 16-18 year olds may be classed as either children or adults in the homelessness statistics. involvement of other agencies. Scottish Government (2019) Adults and children assessed as homeless 2014/15 to 2018/19 The issue of prevention of repeated occurrences Some local areas have already adopted 64 Scottish Government (2019) Homelessness in Scotland: Annual Publication 2018-19 65 Scottish Government (2019) Homelessness in Scotland: 2018 to 2019 – equalities breakdown 66 Scottish Government (2019) Homelessness in Scotland: 2018 to 2019 – equalities breakdown 60 Crisis (2019) Evidence to the Communities and Local Government Committee Inquiry into the HRA One Year On 67 There are 12.1 homelessness applications per 1000 population for 16-17 year olds and 16.0 per 1000 for 16-24 years, compared to 7.0 per 61 Bramley et al. (2019) Hard Edges Scotland: New conversations about severe and multiple disadvantage 1000 for people aged over 24. Based on figures fromScottish Government (2019) Homelessness in Scotland 2018-19 Equalities Breakdown and National Records for Scotland (2019) Projected Population of Scotland (2018-based) 62 E.g. McDonagh, T (2011) Tackling Homelessness and Exclusion: Understanding Complex Lives, York: Joseph Rowntree Foundation; A. Ahmed, M. Wilding, A. Gibbons, K. Jones, M. Rogers, I. Madoc-Jones (2018). Post-implementation evaluation of Part 2 of the Housing Act 68 Glover J and Clewett N (2011) No fixed abode: The housing struggle for young people leaving custody in England, Essex: Barnardo’s. (Wales) 2014: Final Report, Cardiff: Welsh Government, GSR report number 46/2018. 69 Mackie, P. and Thomas, I. (2014) Nations apart? Experiences of single homeless people across Great Britain, London: Crisis 26 Preventing homelessness in Scotland Preventing homelessness in Scotland 27

managing on a low income, and tolerance of risk rate of support needs. Under the Children and made with relevant services for ongoing support We therefore recommend that where a social and mistakes. Young People (Scotland) Act 201472, they are still as young people approach 18. landlord identifies circumstances which may lead considered children for the purposes of children’s to a risk of homelessness, including: They also noted that little attention is given services. to a coherent housing and support offer for Care leavers - Rent arrears or other financial difficulty which young people and those setting up home for Case law in England73 has ruled that children’s Care leavers are known to be particularly may give rise to risk of homelessness (i.e. the first time, even while a lot of attention is services should have primary responsibility for vulnerable to homelessness. There has been before difficulties have led to impending given to housing pathways for older people. supporting and accommodating homeless 16 significant work in recent years to address homelessness, such as eviction action). Stakeholder consultation emphasised the lack of and 17 year-olds. The judgement states that even support for care leavers, including through - Tenant behaviour or action which may give rise housing options specifically for the younger age where homelessness services provide interim the Staying Put guidance and the extension to risk of homelessness. group and the variability of local provision and accommodation, the young person should be of aftercare for care leavers to age 26. More commissioning arrangements. In this context the referred to children’s services for an assessment recently the youth homelessness pathway for - Other circumstances, including domestic work currently being undertaken to develop a of need. This has made a major difference in care leavers was published in 201976 as a result abuse, or court proceedings for example youth homelessness prevention pathway led by the assistance provided there to this group of of the recommendations of HARSAG, and the relating to criminal charges, which may give rise the A Way Home coalition is urgently needed. young people. Resultant guidance places the Independent Care Review produced its final report to a loss of accommodation due to remand or responsibility to accommodate and assist primarily at the start of 2020. imprisonment. Under our proposals local authorities should with children’s services, including responsibilities work with partners to ensure the service to support the young person to transition to It was clear from consultation with stakeholders That the social landlord must take relevant meets the needs of young people at risk of independent adult living74. that these initiatives need time to bed in, and there reasonable steps to mitigate that risk. homelessness, see s27A(4h). As with other groups, was not an appetite for reviewing legal duties services should be able to respond to the diversity Such a move in Scotland would bring assistance around preventing homelessness for care leavers. Reasonable steps would include of this group, including consideration of needs for young people facing homelessness more into relating to ethnicity, gender, sexuality and so on. line with the Children and Young People (Scotland) The PRG are agreed that the homelessness - Housing management practices to sustain Act 2014 and with approaches for other young system is an inappropriate route to provide tenancies. Local authorities should ensure that they have accommodation for young people leaving care. people facing particular vulnerabilities in Scotland, - Engaging with the tenant to address relevant family mediation available as part of their The local authority’s responsibility as corporate such as young people with learning disabilities or financial circumstances. homelessness prevention offer (s30C(3a). leaving care, for whom assistance extends to age parent to care leavers should be the primary duty, 19 and 26 respectively75. and we do not want to create a secondary duty - Engaging the tenant to address behaviour. 16 and 17 year-olds which may confuse responsibilities. The PRG recommends that young people aged 16 - Putting in place protocols to address Stakeholders and group members noted that and 17 at risk of homelessness must be treated relevant circumstances and mitigate risk of young people at risk of homelessness who are not as children under the law and should receive Landlords homelessness at an early stage, including in local authority care are often just as vulnerable assistance from children’s social work, who have protocols relating to domestic abuse and where as those in care, but with less support. 16 and tenants face court proceedings. expertise in the needs of this group. Primary Social landlords 17 year-olds are twice as likely to have support responsibility for assisting homelessness 16 and needs relating to independent living and housing 17 year-olds should sit with social work (s28A). Social landlords are well placed to carry out work Second, if the landlord considers the risk of management skills compared to older homeless which prevents homelessness, indeed much good homelessness for a tenant to require assistance applicants70. Young people in Scotland are This approach was strongly supported by all social tenancy management practice may ultimately beyond their powers, including where there is a considered to have legal capacity from age 1671 work stakeholders that we consulted with, while serve this function, especially work to address rent growing risk of eviction, then they should notify and can be allocated their own tenancy. However, acknowledging the implications for resource and arrears and antisocial behaviour. However, 14% of the local authority as early as possible that there this may not necessarily the most appropriate capacity this would have. Attention must be given homeless households were previously housed in is a risk of homelessness (s24A). This is similar to or beneficial option, particularly given the high to ensure accommodation is suitable and plans are social tenancies in 2019/2077. the existing section 11 duty under the 2001 Act but the intention is to ensure that the referral is as far The Group intends to formalise these upstream as possible and to have a clear process responsibilities as duties so that social landlords in place between the social landlord and the local take action within their powers to identify and 70 Scottish Government (2019) Homelessness in Scotland 2018/19 Equalities breakdown authority so that no one is evicted from social mitigate risk of homelessness as early as possible, 71 Age of Legal Capacity (Scotland) Act 1991 housing without somewhere to stay that night. including risks resulting from rent arrears, 72 Section 97(1), https://www.legislation.gov.uk/asp/2014/8/part/18/enacted. Further clarification is given in Scottish Government (2014) National guidance for child protection in Scotland, particularly paragraphs 21-24. neighbour and relationship concerns, possible Private rented sector (PRS) 73 R (G) v London Borough of Southwark (2009) domestic abuse and risk to tenancy due to 74 MHCLG / DfE (2010, revised 2018) Prevention of homelessness and provision of accommodation for 16 and 17 year old young people who impending court action. The private rented sector has a role in both may be homeless and/or require accommodation; Shelter (2009) Responding to youth homelessness following the G v LB Southwark judgment 75 For example as a result of being in care (Part 10, Children and Young People (Scotland) Act 2014) or 19 year olds who have remained in school and have additional support needs (Scottish Government (2017) Supporting Children’s Learning: Statutory Guidance on the 76 https://www.rocktrust.org/youth-homelessness-prevention-pathway/ Education (Additional Support for Learning) Scotland Act 2004 (as amended) Code of Practice (Third Edition) 2017 77 Scottish Government (2020) Homelessness in Scotland 2019/20 28 Preventing homelessness in Scotland Preventing homelessness in Scotland 29

preventing homelessness and in resolving it once respond to a referral from a private landlord on very short-term sentences85, women86, young to impending court proceedings (s27A(4)). it has occurred. The PRS has grown significantly under section 28 about a possible case of people87, and those who were homeless on Relevant partners should include the Scottish in the proportion of households it accommodates homelessness. entering prison88. Prison Service and the Scottish Courts and over the past 15 years, and 16% of homelessness Tribunal Service. applicants came from the private rented sector in 3. If a local authority is assisting a person Assistance with housing needs to be provided as 2019/20. While this proportion has fallen slightly threatened with homelessness as a result of soon as possible in the prison process, and the Although beyond the remit of statutory duties, we over recent years, the Group seeks to prevent as pending eviction from a private tenancy, the intention should be that no one leaves prison note the need for co-ordination and consistency much homelessness as possible from the PRS. In local authority should have a power to request without accommodation to go to. We welcome of service across the country between prisons addition, under the Group’s proposals the PRS will that the First-tier Tribunal delay execution of an the SHORE standards (Sustainable Housing on and local authorities, recognising the challenges be more widely used to house people at risk of eviction order proceeding where a landlord has Release for Everyone) developed by the Scottish of prisons working across multiple different 89 homelessness. failed to co-operate (appendix 1d). Prison Service (SPS) and other partners , and local authority homelessness services, and the particularly the data sharing agreements that importance of the location of accommodation for Local authorities should ensure that their service 4. The homelessness advice and assistance is have now been agreed between SPS and all many people leaving prison90. is set up to support people at risk of homelessness designed to meet the needs of persons living Scottish local authorities, which will support our in and seeking to access the PRS (s27A). from the PRS so that homelessness is prevented recommendations. Courts service where possible, and to ensure that the PRS can In practice, this would include PRS access be used to discharge duties where appropriate. schemes, landlord liaison and rent deposit The PRG recommends that: The start of a custodial sentence or remand is a guarantee schemes. vital time to access housing advice, for both those This will be achieved through the provision of • The Prisons and Young Offenders Institutions facing court and for the wider family. People being advice and assistance to tenants and landlords, (Scotland) Rules 2011 are amended to ensure held on remand are at particularly high risk of provision of housing support to tenants at risk of that homelessness in the PRS where this is identified as Criminal justice becoming homeless91. The average time spent on a need (s30B), and by putting in place protections o Prisoners are asked about their housing remand in Scottish prisons is 25 days92, although before a tenant is evicted. This might also include Prisons situation as soon as reasonably possible on individuals can be held for far longer periods. going into prison. Stakeholders highlighted that being remanded work to identify particular issues in relation to In 2018/19, 1,822 (5%) homeless applications were homelessness from private tenancies, including in custody can cause significant disruption and recorded as having been from people leaving o If a prisoner is likely to need assistance to uncertainty regarding housing, even though to identify where there is an issue with a particular prison in 2018/1980. However, the most recent landlord. find housing for when they leave prison, a someone may be later acquitted. available figures showed 9,775 liberations from referral is made as soon as possible to the We recommend that: prison sentences in a year, with an additional local authority identified by the prisoner for A family home may become at risk when someone 8,033 released from remand81. Yet research homelessness assistance. goes into prison, particularly in cases where that 1. The pre-action requirements on private shows that 49% of Scottish prisoners report losing person has been the tenancy holder or the main landlords in cases of rent arrears which their accommodation while they are in prison82, • Where housing issues are identified, prisons claimant of housing benefit/Universal Credit93. The were created in the emergency coronavirus and that many people are released straight into work with partners including housing options court may provide a particularly appropriate place legislation78, to provide information and put in homelessness83. This suggests that the numbers and housing associations to address the issues. to seek housing advice. place support for tenants in rent arrears, should of people approaching their council for homeless • By working with other partners, local be made permanent79. assistance following a prison sentence may be a Stakeholder consultation suggested that there is authorities must ensure that the service for significant underestimate. Other people may leave a lack of housing options advice available within 2. If the landlord agrees with tenants as part prevention and alleviation of homelessness is prison with arrangements in place which break court settings. We note and welcome the intention of the conversation around the pre-action designed to meet the needs of people leaving down after a short period. to develop the Sustainable Housing On Release for protocol, or in any other circumstances, the prison or youth detention accommodation, Everyone standards to include sections including landlord may make a homelessness prevention While finding and sustaining accommodation and anyone at risk of homelessness due preventing homelessness on arrest and in court. referral to the local authority, where they are can be problematic for anyone leaving prison, concerned that there may be an emerging evidence has highlighted four groups that face risk of homelessness. A local authority must particular barriers84: remand prisoners and those 85 Loucks (2007). Gojkovic D, Mills A and Meek R (2012) Accommodation for ex-offenders: Third sector housing advice and provision, Southampton: Third Sector Research Centre 86 Commission on Women Offenders (2012) Final report, Edinburgh: Scottish Government 87 Glover J and Clewett N (2011) No fixed abode: The housing struggle for young people leaving custody in England, Essex: Barnardo’s. 78 The Rent Arrears Pre-Action Requirements (Coronavirus) (Scotland) Regulations 2020 Gojkovic et al. (2012). https://www.legislation.gov.uk/sdsi/2020/9780111046012/contents 88 Williams K, Poyser J and Hopkins K (2012) Accommodation, homelessness and re-offending of prisoners: Results from the Surveying 79 This is already planned in the updated Ending Homelessness Together Action Plan (2020) Prisoner Crime Reduction (SPCR) survey, Ministry of Justice research summary 3/12, London: Ministry of Justice 80 Scottish Government (2019) 89 https://www.sps.gov.uk/Corporate/Publications/Publication-5363.aspx 81 Scottish Prison Service (2014) Prison Statistics and population projections: 2013 – 14, Edinburgh:SPS. Due to technical difficulties the last 90 Dore (2015) IRISS available annual liberation rate available is for 2013 – 14. 91 Loucks N (2007) Housing needs of offenders and ex-offenders, Glasgow: The Robertson Trust. 82 Scottish Prison Service (2017) Prisoner Survey 2017, Edinburgh: SPS 92 https://www.theyworkforyou.com/sp/?id=2018-10-03.15.0&s=speaker%3A13982 83 Bramley et al. (2019) 93 Loucks, N. (2015) Prison Without Bars: The Experience of Families Affected By Imprisonment, Online: Tayside Criminal Justice Partnership 84 Dore, E (2015) Insight: Prison Leavers and Homelessness, online: IRISS. and Families Outside 30 Preventing homelessness in Scotland Preventing homelessness in Scotland 31

We recommend that local Housing Options of homelessness for women95. The most recent Our recommendations are intended to be abuse to access exclusion orders. services work with the Courts service to ensure equality analysis from Scottish Government complementary to current changes in law and housing options advice is easily accessible within suggests that showed that at national level women policy including the Domestic Abuse Protection • People at risk of homelessness as a result of a court setting (s27A(4g)). from Asian backgrounds are disproportionately (Scotland) Bill going through Parliament at the time domestic abuse should be able to access free likely to experience homelessness as a result of writing, to create Domestic Abuse Protection legal aid in order to get an exclusion order. 96 Police Scotland of a violent dispute in the household . It is Orders and allow the ending of a joint tenancy in • When considering the suitability of widely acknowledged that figures significantly the case of domestic abuse, and the development accommodation offered to a perpetrator or The police may encounter people at risk of underestimate the scale of homelessness caused of a domestic abuse prevention pathway which is victim of domestic abuse, consideration must homelessness in range of situations, not least 97 by domestic abuse . happening at the time of drafting. be given to its proximity to the other party in during domestic or neighbourhood disputes, as the abuse. well as where people are likely to sleep rough that The PRG believes that anyone facing domestic Stakeholders also noted the importance of night. There may be appropriate points of contact abuse should not have to become homeless to housing assistance for perpetrators of domestic • Social landlords should put in place protocols with individuals where it is appropriate to ask address their situation; housing issues related to abuse: this can be instrumental in ensuring to address housing issues relating to domestic about a risk of homelessness, including on arrest domestic abuse should be dealt with as early as someone feels able to leave an abusive abuse, based on the guidance produced and in custody. possible through services working in partnership relationship and not be drawn back into it. in 2019 by CIH Scotland, ALACHO, SFHA, to identify and support individuals facing abuse. Shelter Scotland and Scottish Women’s Aid98. Support for a duty on police was expressed by Someone experiencing or at risk of abuse is The role of dedicated domestic abuse services will Consideration should be given to making police representatives at the criminal justice considered to be statutorily homeless, and most be critical in such a specialist area, but there is also elements of this guidance statutory if necessary. stakeholder group (especially in conjunction with a opportunity for a much wider range of partners of our recommendations in relation to domestic duty on the local authority to respond), and also in in identifying risk and preventing homelessness abuse are dealt with within homelessness research presented by Shelter Scotland looking at resulting from domestic abuse, such as housing legislation. To summarise our recommendations in a prevention duty on wider public bodies94. maintenance staff and lettings agents. relation to prevention of homelessness for people Local authority duty to respond experiencing domestic abuse, we recommend that: to referrals The PRG recommends that: A focus on addressing homelessness for people Reflecting the “no wrong door” approach set experiencing domestic abuse has led to a default • The definition of abuse within homelessness • Where there is a reasonable belief that out in the work of HARSAG and the subsequent assumption that victims of domestic abuse legislation is expanded to cover both the someone may be homeless, police should ask national Ending Homelessness Together Action will need to leave their accommodation and Protection from Abuse (Scotland) Act 2001 about the individual’s housing circumstances. Plan, the Group intends that an individual will be move away from the perpetrator. In line with and the Domestic Abuse (Scotland) Act 2018 Specific circumstances may be identified in able to access assistance regardless of where a risk the principle of choice and control, the default (S28(5,11). appropriate regulations or guidance, including of homelessness is first identified. position needs to shift to one where the person someone rough sleeping, cases of domestic • Assistance from homelessness services to experiencing domestic abuse is able to make the abuse or household dispute leading to prevent homelessness must include support Where a public body identifies a risk of best choice for themselves about their housing possible homelessness. and security measures to enable applicants to homelessness and the most relevant action is situation, with appropriate support to enable remain in their homes safely where this is their to refer to the local authority for assistance not • Where the police identify a risk of that. This will require a shift in culture among preference (s30C(3e). prevent or alleviate homelessness, then we intend homelessness they should make a referral some homelessness services. Stakeholders the local authority to be under a responsibility to to the local authority (with a corresponding also highlighted the importance of services • Homelessness prevention services should act on that referral. responsibility on the local authority to act on recognising that people may become homeless work with other partners to ensure they are the referral.) from all housing tenures. There can be particular able to meet the needs of people requiring We recommend that a local authority should challenges to owner occupiers who may not be housing assistance due to domestic abuse accept a referral from a public body or landlord able to access legal aid to get the necessary legal (s27A(4d). Such an approach should be as a formal application, unless the individual Domestic abuse orders to give them safety because of assets tied coherent, including appropriate service states that they do not wish to make an up in a jointly owned property, and can struggle planning, joint working across housing, application for assistance, or unless the local In 2018–19 13% of homeless applicants named a to find financial assistance to make their property homelessness and other services and training authority cannot contact the individual after violent or abusive household dispute as the main more safe. We recommend that people at risk for staff. Local authorities should ensure that making reasonable efforts (s28(3)). reason for their homelessness. Four in five (79%) of homelessness as a result of domestic abuse homelessness and housing services have The Group discussed the issue of consent in of these applications were made by women and should be able to access free legal aid in order to effective protocols in place to identify signs relation to referrals by public bodies, and also 43% (1,975) of the households included children. get an exclusion order. of abuse as early as possible and assist people asked the Prevention Commission to consider it. A violent or abusive dispute is the biggest trigger whose housing is at risk as a result of domestic Without coming to a firm position, the Prevention abuse. In particular, close links should be built Commission concluded that the key issue around with specialist domestic abuse support services. 94 Shelter (2020) Public bodies and homelessness prevention consent is being able to build a trusted relationship 95 Scottish Government (2019) Homelessness in Scotland: 2018/19; Scottish Government (2019) Homelessness in Scotland: 2018/19 – • Local authorities support victims of domestic with the professionals involved. Equalities Breakdown 96 Scottish Government (2020) Homelessness in Scotland – equalities breakdown 2019/20 97 Scottish Government Communities Analytical Services (2010) Domestic abuse, housing and homelessness in Scotland: An evidence review 98 https://womensaid.scot/wp-content/uploads/2019/08/Domestic-abuse-guidance-for-social-landlords-FINAL.pdf 32 Preventing homelessness in Scotland Preventing homelessness in Scotland 33

Consent recommendations as key to strengthening In accordance with the principles of choice and strategic planning to prevent homelessness, which control, consent should be sought where possible, should be contained in statutory guidance: but the Group concluded that the issue of consent • Community planning partners102 should is one that is likely to vary depending on the set out and establish in Locality Plans the circumstances and vulnerability of the individual impact of homelessness, emerging issues and concerned. There may be circumstances where joint working to address this. A community the vulnerability of an individual means that a planning statement should be included within referral should be made regardless of consent, for the Local Housing Strategy. example where someone is sleeping rough. • Health and Social Care Partnerships should set out a clear statement of their contribution Joining up services through to preventing homelessness within the Local strategic planning Housing Strategy. In addition to action to prevent homelessness in In addition, we note that a key driver of local individual case, effective homelessness prevention outcomes is the National Performance Framework, requires services to work together and plan which sets out the vision of what we want strategically to identify need and ensure structures Scotland to look like. The last time homelessness and arrangements are in place to address issues was included in this framework was in the lead up which may eventually lead to homelessness to the ending on priority need, which created what as early as possible99. Requiring a focus on was possibly the strongest statutory framework homelessness prevention in planning across public for people facing homelessness in the world at services builds on the Fairer Scotland public sector that time. But while focus on homelessness has equality duty to reduce inequalities of outcome increased as a result of HARSAG and the Action Plan, it has not had the strategic, cross-cutting PART 2 as a result of socio-economic disadvantage, and will help to join up related strategic local priorities, focus provided by the National Performance such as child poverty, community justice, mental Framework. health, employment opportunities, addressing Including a focus on ensuring people are Reforming the violence against women and girls, missing persons, supported to live in homes that meet their needs etc. This was a recurring theme both through the would support an agenda of ending homelessness Group’s discussions and in discussions held with in Scotland, and help to ensure that a wide stakeholders, including COSLA, ALACHO and range of services work towards the best housing SOLACE. It supports recommendations in related homelessness situations for people in Scotland, whether they sectors, including around improving housing and are at risk of homelessness, experiencing financial 100 integration of services for disabled people , and and material deprivation or have health or social also reflects developments in other parts of Britain, care needs relating to disability or age. Therefore for example where there is increasing discussion system to we recommend that the next iteration of the of going beyond a requirement to simply refer to National Performance Framework has an emphasis 101 co-operating to prevent homelessness . on housing which enables people to live in it Through its discussions and engagement with successfully. incentivise stakeholders, the PRG has identified the following

99 This forms the second pillar of the Christie Commission on preventative public services. prevention https://www.gov.scot/publications/commission-future-delivery-public-services/ 100 EHRC (2018) Housing and disabled people: Scotland’s hidden crisis https://www.equalityhumanrights.com/en/publication-download/housing-and-disabled-people-scotlands-hidden-crisis 101 Fitzpatrick et al (2019) Homelessness Monitor England 2019; Local Government Association (2018) Duty to refer: an opportunity to cooperate to tackle homelessness Advice for local housing authorities 102 Under the Community Empowerment (Scotland) Act 2016, community planning partners include the local authority, police, health boards and integration joint boards, education providers, Skills Development Scotland and others. They must produce a Local Outcomes Improvement Plan to address inequalities of outcome resulting from socio-economic disadvantage within the area, and Locality Plans addressing issues within specific localities. 34 Preventing homelessness in Scotland Preventing homelessness in Scotland 35

Principles for changing the 5) The system must be clear and accountable, current homelessness framework providing people with appropriate and effective Approach local authority because homeless rights of reviews and challenge throughout the or threatened with homelessness: This part of the report sets out the Prevention process. statutory assessment, assessment of housing support needs if needed Review Group’s recommendations for a prevention duty on local authorities which would The flow chart (overleaf) summarises the overall clarify and integrate the law on homelessness process the Group intends. prevention within the current statutory framework In light of the policy intentions recommended set out in the Housing (Scotland) Act 1987. Found to be threatened here, the Group has set out exactly how it with homelessness Found to be homeless These were strongly influenced by the first envisages the 1987 Act would be amended at within next six months stakeholder consultation meeting to inform the Appendix 1a103. These are referenced in bold Group’s thinking. 16 out of 32 local authorities brackets throughout the report in relation to the accepted the invitation to this meeting, along with relevant proposals. social housing representatives and others, and a Reasonable steps taken to prevent loss of accommodation clear consensus emerged on the need to reform or secure reasonable alternative (e.g. welfare and debt assistance, Temporary legislation, formalising the role of Housing Options Proposals in detail family mediation, PRS access scheme and landlord accommodation with clear steps to prevent homelessness as early negotiation, institutional discharge arrangements), (if required) as possible and clarity on discharging duties An extended prevention duty set out in Personal Housing Plan towards an individual. The Group expressed its intention at an early The Group recommends that the current statutory stage to ensure that prevention activity started as framework for homelessness is amended to soon as possible when a risk has been identified. achieve the following: The current statutory threshold of 56 days seems arbitrary and too short, especially in light HOMELESSNESS PREVENTED OR RESOLVED 1) Clarify, strengthen and extend a duty to prevent of the change to tenancy notice periods under through offer of ‘stable’ and ‘suitable’ housing homelessness, and integrate it within the main the Private Housing (Tenancies) (Scotland) Act statutory framework. 2016104, and local authority stakeholders argued that a longer time frame is needed to take 2) Prescribe a range of reasonable steps to be action to prevent homelessness. The Prevention used to prevent or alleviate homelessness, Commission concluded that the time “period based on the existing Housing Options Maximal housing options. needs to be longer than 2 months to allow framework, to be included in a personalised For example: enough time for people to be supported to make and tailored housing plan that maximises positive decisions when they are not in ‘crisis applicants’ choice and control. mode’”105. Building on the discussions with the 3) Ensure the service meets the needs of specific initial stakeholder event, the Group recommends groups at risk of homelessness, including those that a local authority must assist anyone Remain Scottish experiencing domestic abuse, and those leaving threatened with homelessness within the next six in current social prison, care and other institutions, those facing months (s24(3-8)). This timescale will encourage accommodation tenancy a threat of homelessness living in the private activity at an early stage, for example before (family home, rented sector. financial difficulties or rent arrears have grown private or social to the point when eviction is imminent, where 4) Ensure people requiring assistance to prevent tenancy) Private relationships with a landlord are deteriorating, or Owner or alleviate homelessness are assisted into residential well in advance of an individual being discharged occupation accommodation which is stable and suitable from an institution. tenancy to their needs, again allowing them choice and control insofar as possible. A duty starting so early will require a cultural shift in homelessness services and across the

103 These have been drafted on the basis that the test for intentionality is no longer in place, based on the recommendation by HARSAG which Shared Supported was accepted in principle through the Action Plan. If intentionality is not removed, then some changes would be needed to ensure that housing accommodation Mid-market they work effectively. The Group does not see any role for a test for intentionality within a homelessness prevention framework. Housing First (including (small scale, rent 104 A Welsh Assembly committee has recently recommended that their definition should be extended from 56 to 84 days through the Renting Homes (Amendment) (Wales) Bill https://senedd.wales/laid%20documents/cr-ld13547/cr-ld13547-e.pdf lodgings) community based) 105 All In For Change, Prevention Commission meeting 2, February 2020 36 Preventing homelessness in Scotland Preventing homelessness in Scotland 37

local authority, assisting people to remain in their • Referral to other relevant agencies agreement with the applicant on their housing • Those going through legal proceedings which homes or to be rehoused rapidly without resort needs, desired outcomes and what they may result in the loss accommodation to temporary accommodation, and with a strong In addition, where an applicant has housing advise the applicant to do to help resolve their emphasis on integrated or co-ordinated working support needs, the local authority must assess circumstances (s30A(2e, 3). This is intended to • Those with mental health conditions or with other services (s27A(4)). Strategic planning these and make provision to meet them (s30B). be a minimum statutory framework to underpin impairments This should be irrespective of tenure, may include across local services within and beyond the local an approach where the local authority and the • Young people authority is critical to the implementation of this housing support associated with Housing First as applicant work together to identify the barriers, duty. This is discussed later in the report, with well as lower level support. desired outcomes and way forward to addressing • Those facing homelessness within the private specific recommendations. This minimum offer should be underpinned by the housing situation. rented sector specific working arrangements between agencies, We therefore recommend that the statutory We recommend that homelessness and housing Steps to prevent homelessness such as between the local authority and social assessment forms the basis of a Personal options services must work with other services landlords, prisons and other institutions, making The Group wants to draw on the best practice Housing Plan agreed between the local and voluntary sector partners to ensure that the housing options advice available for people in of housing options which has been developed authority and the applicant. We note the work service meets the needs of these groups, and any court settings, etc. (s27(3-4)). in Scotland over the past ten years, and ensure a that is underway between Shelter Scotland and other that they specifically identify (s27A(4)). As minimum consistency in the prevention assistance The duty to take reasonable steps106 would end in Healthcare Improvement Scotland and that as part of identifying specific groups, local authorities offered across the country, which local authorities a range of circumstances, including by securing learning emerges from this work it should be should look at different characteristics and issues can then build on according to local needs suitable and settled accommodation (discussed in used to shape the implementation of this aspect within their local population. For example, they and priorities. This is similar to the legislative more detail below), or where it becomes apparent of our proposals. may have a high rate of youth homelessness in a approach taken in Wales, and in accordance with particular part of their authority, or identify that that the situation cannot be resolved by taking Co-production of solutions with applicants the recommendations of stakeholders to put the certain landlords are responsible for a number such steps. In this case the applicant is to be owed through the assessment and planning process to preventative housing options approach on a more of evictions into homelessness and take steps to the full duty for being rehoused. To ensure that prevent homelessness is at the core of the new formal basis. adapt their service accordingly. reasonable steps are not attempted indefinitely, framework we envisage, to ensure that housing we have proposed that a maximum period to try The minimum statutory framework to prevent outcomes not only meet people’s needs but as Local authorities should agree protocols and ways reasonable steps of 56 days, after which the local someone losing their home (s30C Reasonable far as possible provide the solutions they believe of working with relevant bodies such as social authority must secure suitable and settled housing steps to secure that suitable accommodation would make the greatest difference to them. landlords, prisons, specialist domestic abuse for the applicant (s30D, s31(1)). is available, or does not cease to be available) services and other relevant services to support should include: We note that Shelter Scotland disagree with Meeting the needs of specific groups this work, and a revised Code of Guidance should extending this duty to people who have statutory contain explicit direction on how to do this. • Housing options information, advice and Certain parts of the population are at greater homelessness status. advocacy risk of homelessness than others. Those leaving In relation to domestic abuse specifically, we also particular institutions often find themselves make the following recommendations: • Support for landlords and tenants in the private Personal housing plans, applicants’ without accommodation as they move on. Groups • Assistance from homelessness services to rented sector, including landlord negotiation views and support HARSAG identified included those leaving: and assistance, rent deposit guarantee schemes prevent homelessness must include support and other access schemes Services should work in partnership with people • Prison or youth detention accommodation and security measures to enable them to who are facing potential homelessness, taking remain in their homes safely where this is the • Welfare and debt advice and assistance a person-centred approach. The Prevention • The armed forces applicant’s preference (s30C(3e)). Commission were clear that applicants need to • Advocacy support • Hospital without suitable accommodation to go feel that their needs and views are listened to. This • The definition of abuse within homelessness to legislation is expanded to cover both the • Support for people experiencing domestic should be the ethos that underpins the assessment Protection from Abuse (Scotland) Act 2001 abuse to choose the best housing outcome, process and be reflected in a jointly produced We recommend that anyone leaving these and the Domestic Abuse (Scotland) Act 2018 including assistance to remain safely in their Personal Housing Plan. institutions within the next six months with no (S28(5,11). own home where this is their preference accommodation arrangements in place should The draft legislation states that a local authority be considered as threatened with homelessness must take into account the applicant’s views • Homelessness prevention services should • Family mediation services (s24). We go on to discuss some of these groups as part of the assessment, and try to reach work with other partners to ensure they are • Supply of furniture or similar goods in more detail in Part 2 below. able to meet the needs of people requiring housing assistance due to domestic abuse Some parts of the population may need particular (s27A(4d). Such an approach should include forms of assistance to resolve issues that may lead 106 The language of “reasonable steps” is similar to that in relation to relief duties in England and Wales. Key differences however are that: appropriate service planning, joint working to homelessness. As well as the groups above, this a) Reasonable steps duties in England and Wales are to assist the applicant to secure accommodation, rather than to actively secure across housing, homelessness and other accommodation on behalf of the applicant; b) applicants are entitled to interim accommodation in Scotland if the local authority believe includes: they are homeless (s29); and c) applicants must have an outcome of suitable and settled accommodation, either through reasonable steps services and training for staff. Local authorities or through the main rehousing duty. In England and Wales, where local authorities can discharge the duty after 56 days if they have taken • Those experiencing domestic abuse should ensure that homelessness and housing reasonable steps even if that has not resulted in a housing outcome for the applicant. For further details, see table in appendix 2. 38 Preventing homelessness in Scotland Preventing homelessness in Scotland 39

services have effective protocols in place to arbitrary that negatively impacts flexibility and homelessness is made harder by experiences • Other forms of accommodation, for example identify signs of abuse as early as possible and choice”109. such as addictions, trauma, mental ill-health) with a parent or a friend, where the owner/ assist people whose housing is at risk as a result landlord has provided in writing their intention of domestic abuse. In line with this recommendation, the Group • Time (taking account of how long you can wait that the accommodation will be available for wants to allow people who are facing potential to move or if you need somewhere right away) at least 12 months, and the local authority is • Local authorities support victims of domestic homelessness the same range of accommodation satisfied with this reassurance abuse to access exclusion orders options as are available to any member of the • Other (pets, housemates and anything else that general public. This would allow applicants choice someone might identify) Suitability: All accommodation must be suitable Further details relating to domestic abuse cases and control over where they live, either to remain to the needs of the household. are set out in the Part 2. Appropriate housing options should be discussed in their current accommodation or to be rehoused with households as part of their assessment: the as rapidly as possible and would minimise any Suitability will cover grounds relating to the household’s views must be considered, and an accommodation and those relating to the Maximising housing options stigma related to having received assistance under agreement should be sought as far as possible on homelessness duties. There must be safeguards in household including: Currently the homelessness duty can be the appropriate housing outcomes. We suggest place to ensure that the accommodation is stable discharged through housing people into either that this framework provides a useful basis for • Affordability (defined in relation to the and suitable for the household, to resolve any risk social or private tenancies. The vast majority (93%) exploring applicants’ housing options with them, household’s residual income after housing of homelessness, but it should not be limited to of settled housing outcomes for unintentionally as part of a housing planning process. costs) just social and private tenancies. homeless households are in the social sector, with In facilitating a wide range of housing options to • The best interests of any children in the a further 7% discharged in to private tenancies. This was a strong theme in the discussions of the prevent homelessness, we do not want to create household, or for whom the individual has This means there is very little diversity of outcome Prevention Commission, who noted people in the an incentive to disengage with prevention work parental responsibility and restricts choice. greatest housing need often had fewest housing in order to get priority access to social housing options and felt that people should have the same • Location and access to relevant services, While there has been significant investment in by becoming homeless. Therefore, equalising the options as other members of the public, whilst employment (including future prospects, social housing in recent years, more is still needed housing options available whether someone is balancing this with safeguards to give people for example where a lone parent is planning in order to meet demand from both homeless at risk of homelessness or has already lost their stability. They identified tenure as just one of eight to return to work), caring responsibilities or and non-homeless households in housing need, home would prevent any incentive to become factors which may influence people’s decisions 110 education, family support and social networks especially in high demand areas, and access and homeless . regarding housing choice: availability continue to be barriers to addressing We recommend that the criteria for identifying • Needs relating to health or disability homelessness rapidly107. Waiting times for social appropriate housing options shifts to housing to become available can be extensive • Where abuse is a factor (domestic or focus on the stability and suitability of the especially in high demand areas, resulting in the • Location (being near to family, work, childcare, otherwise), proximity to the perpetrator/victim accommodation, with suitable safeguards, as high use of temporary accommodation for lengthy schools etc.) follows: Social or private tenancy, or owner occupation periods and limited options when properties • Size and/or type of home (such as number of should be considered as “standard” discharge do become available. While in some parts of bedrooms, multi-storey, garden) Stability: All accommodation must be expected options, subject to the above criteria, along the country the private rented sector has been to be available for a minimum period of 12 similar lines to the current position. The explicit successfully used, it is not a widely used discharge • Accessibility (wheelchair or other access issues, months. inclusion of owner occupation should facilitate option, with only 7% discharged into a Private any other medical factors) consideration of this as an option, particularly Residential Tenancy108. Stable accommodation should be defined to • Cost (thinking about rent, council tax, Housing include: for households who may benefit from relevant In their second meeting, the Prevention Benefit/LHA, current or future employment) schemes such as the LIFT (Low Cost Initiative for Commission concluded that “specifying as broad • A Scottish secure or short Scottish secure First Time Buyers) scheme. Mid-market rent, a a range of housing options as possible within the • Security of tenure (consideration of the different tenancy form of affordable private tenancy, should also be new duty would be a positive step forward, while tenancies available in the social or private rented considered particularly for working people facing • Owner occupation also thinking carefully about a potential minimum sector) homelessness. Individuals may be discharged back time period that the housing needs to be available into their current accommodation, as long as it • Safety/security (including issues such • A Private Residential Tenancy, where there for. While this is important to maintain security, meets the criteria for being settled and suitable. as domestic abuse, other violence and is an expectation that the accommodation we need to be mindful of not creating something territorial issues, especially for people whose will be available for at least 12 months, for Safeguards for non-standard housing options example through receiving an assurance from the landlord that they are not intending to sell Any other form of accommodation, such as 107 SFHA, CIH, Shelter Scotland (2020) Affordable Housing Need in Scotland post 2021; Indigo House (2018) Scotland’s transition to rapid during that time lodgings with a resident landlord, may also be rehousing: Market area analysis, legislative and cultural review https://social-bite.co.uk/wp-content/uploads/2018/06/RRTP-Analysis-and- Review-JUNE-2018-pubv1.pdf 108 Comparing housing outcomes for homeless households with those of the wider population, overall just 23% of settled homes are in the 110 Note the intention is to equalise the available housing options for those facing homelessness compared to the wider population, not to social housing sector, with 15% in the private rented sector and the rest being owner-occupied. Scottish Government (2018) Housing equalise the housing outcomes. In England, where social housing is not so prevalent as in Scotland, still 42% of homelessness prevention statistics for Scotland 2018: key trends summary. housing outcomes in the first year of the HRA were in the social sector. (MHCLG (2019) Homelessness statistics 109 All In For Change, Prevention Commission Meeting 2, February 2020 https://www.gov.uk/government/collections/homelessness-statistics 40 Preventing homelessness in Scotland Preventing homelessness in Scotland 41

considered for discharge. These “non-standard” system works effectively, and it can be challenged recommends that applicants can challenge Strategic housing needs assessments options must be stable and suitable, as above, and when it fails to work as it should. There should decisions through the Housing and Property A local authority should have a clear picture of must also meet the additional safeguards: be a comprehensive right to review, and right to Chamber of the First-tier Tribunal for Scotland. household support needs in its area as part of its appeal to provide full accountability in a system Appeal grounds should be on both points of law strategic housing planning. This will inform its • The accommodation must have appropriate which seeks to support and protect people in and the merits of a decision (s35C). service development, its ability to plan services, facilities for settled living, including such a vulnerable situation as losing their home. and its work with other agencies to meet the We recommend extending the range of decisions Currently appeal to tribunal is not an option for o 24-hour access needs of households at risk of homelessness. that may be reviewed and allowing decisions to be people seeking to challenge decisions about Although this used to happen regularly under the o adequate toilet and washing facilities challenged through the tribunal as set out below. homelessness. The only options available once the review process has been exhausted is to challenge Supporting People programme, it does not happen o access to kitchen facilities a point of process or administration through the regularly now. Within this, consideration should be Right to review Ombudsman, or else to take the case to judicial given to the needs of different groups, including o a private bedroom There should be a right to review the following review, a process that can be costly, difficult to gender, age, income level, sexuality and disability, 112 and the intersectionality between these groups113. o a statement of rights and responsibilities in decisions (s35A and B Right to request review of access and legalistic . The absence of a right of decision and Procedure on review): appeal on the merits is anomalous in the context relation to the accommodation. We recommend that as part of the local authority of social benefits which the state has a legal duty Local Housing Strategy required under s89 of • Applicants must give written consent to • Decision as to whether someone is homeless or to provide. Our recommendation would widen the Housing (Scotland) Act 2001 an assessment be discharged into a non-standard form of at risk of homelessness access to remedies, and test implementation of should be carried out of the need of persons accommodation (i.e. they have a veto) the law and the intention behind it. • Decision to refuse an application in the area for housing support to retain their A draft statutory instrument containing these accommodation. • Decision as to whether any accommodation Regulation provisions is in appendix 1b. secured discharges the local authority’s duty to the applicant The Scottish Housing Regulator has a critical role We note that Shelter Scotland do not agree with in how the homelessness system works. A clear the recommendation to widen housing options • Decision to terminate interim accommodation framework of duties relating to homelessness beyond social and private tenancies. pending an assessment or review prevention, including its interaction with statutory homelessness, will support effective regulation. This proposal will have implications for social • A review of the accuracy of the assessment housing allocations policy. Under current policy Conversely, as has already been seen, where the someone who is homeless or threatened with • Any decision relating to a housing support framework is unclear it will undermine effective homelessness should have reasonable preference needs assessment prevention work. for social housing if their housing needs cannot be Regulation of the homelessness and homelessness 111 • Decisions relating the reasonable steps a local met in other ways . The statutory assessment as prevention framework should ensure that early we have proposed it will be a key point to identify authority may take to prevent or alleviate homelessness intervention and the dignity and control of the what is the most appropriate and preferable individuals affected by homelessness should be housing option for the applicant. There must • Decisions to end assistance to prevent at the heart of the system, whilst also ensuring continue to be a strong preference within social someone’s homelessness that where people do need a settled and suitable housing allocations for those who are homeless housing outcome they are able to achieve this or about to become homeless, so that where this • Decisions to notify another local authority with the minimum disruption and trauma to their is the appropriate option, they are able to access under local connection criteria lives. To facilitate this, we recommend that the social housing which meets their needs. At the An applicant should still be able to request a Scottish Housing Regulator reports annually same time, other reasonable preference groups on the experiences of households facing may meet the statutory criteria for homelessness review even if they have accepted an offer of accommodation, allowing them to challenge homelessness and the threat of homelessness, or risk of homelessness, such as those living in as it does currently for social tenants. It may unsatisfactory housing conditions, and so further the offer of accommodation without putting themselves at further risk of homelessness. also be appropriate to consider in this context thought should be given to how allocations how regulators including the Scottish Housing policies may support homelessness prevention. Regulator, Care Inspectorate, Scottish Prisons Inspectorate and Audit Scotland may work Enforcing people’s rights Right to appeal together more closely to support homelessness prevention. Ensuring the system is transparent and can be Where a decision is reviewed and the applicant held to account is important to ensure that the is still not happy with the outcome, the Group

112 https://scottishhousingnews.com/article/jon-kiddie-homelessness-judicial-review-a-missed-opportunity-for-reform 113 Collection of income levels (amount or course) in particular will also support planning on affordable housing options, including for 111 Scottish Government (2019) Social housing allocations in Scotland: practice guide example the balance between social housing and other types of affordable housing. 42 Preventing homelessness in Scotland Preventing homelessness in Scotland 43

Becoming homeless is one of the most damaging options and at a much earlier stage, ultimately situations someone can find themselves in. There reducing the need for a crisis response. And so is a moral imperative to prevent homelessness, we have ensured that they have a strong voice in and it is often much easier to prevent than to fix. the process and are able to strongly challenge the system where this becomes necessary. As a nation, we have set out a vision where all people in Scotland are treated with kindness, Beyond this, we have learnt from the duties to dignity and compassion, where everyone has co-operate and refer on different public bodies in a home that meets their needs, and where Wales and England, to develop recommendations homelessness is ended. The intention supporting on a wide range of public bodies which are much that vision is that homelessness is prevented stronger, more specific and thoroughly integrated wherever possible; planning and resources join up with each other, so that other agencies ask about to tackle homelessness; the response is quick and homelessness and take the actions within their effective where homelessness does happen; and powers to resolve the situation. They identify an settled homes are prioritised for all114. unprecedented strategic and operational focus on tacking homeless across public services. Over the past twelve months the Prevention Review Group consulted with a wide range In short, our recommendations set out a means of stakeholders to develop proposals for a to achieve the vision that everyone can have clear and comprehensive legal framework that access to a home which meets their needs and Conclusion would substantially strengthen work to prevent homelessness is ended, because for anyone at homelessness in Scotland and ultimately support risk of losing their home services work together this intention. to assist them, and they are able to access a meaningful right to settled housing which meets Our proposals address the lack of clarity over their particular needs. statutory duties which has hindered local authorities’ work to prevent homelessness. They set out a means to address the risk of losing one’s home so that people do not have to live through an experience of homelessness, with all the disruption and indignity, trauma and stigma that may entail. In this the recommendations take learning from the prevention frameworks developed in England and Wales. But we go above and beyond those frameworks, so that people can access assistance at a much earlier stage. And we have built on the strengths of the Scottish framework, so that, unlike in those jurisdictions, everyone (eligible) who requires homelessness-related assistance will be entitled to accommodation which is stable and is suitable to their particular needs, regardless at what stage they enter the statutory homelessness system, with temporary accommodation available for anyone who requires it. People facing homelessness have shaped our work and thinking throughout the journey of the Group, and the intention behind our proposals is to put people facing homelessness at the centre of the system. We want to empower them to have greater choice and control over their housing

114 Scottish Government / CoSLA (2018) Ending Homelessness Together High Level Action Plan 44 Preventing homelessness in Scotland Preventing homelessness in Scotland 45

Overarching principles to the local authority for Housing Options and homelessness assistance. • Responsibility to prevent homelessness should not rely solely or primarily on the homelessness • Where needs are more complex, to the extent service, but be a shared public responsibility. that they cannot be supported in mainstream housing even with additional support, then • Intervention to prevent homelessness should primary responsibility for meeting those start as early as possible. In many cases this accommodation needs should sit with the will be before issues have escalated to a point Health and Social Care Partnership. This is where homelessness appears imminent. intended to capture the needs of those with • People facing homelessness should have needs which require highly specialist medical or choice in where they live and access to other support. the same range of housing outcomes as • Where a social worker or social care worker members of the general public, with any identifies a risk of homelessness, they should necessary protections to mitigate further risk make a referral to the relevant part of the of homelessness. Housing outcomes should local authority. If they consider that there are be comparable across the prevention and unmet social care needs, a social care needs homelessness duties. Summary of assessment should be carried out. • By working with other partners, the local Part 1: Duties on other public authority must ensure that the service for recommendations bodies prevention and alleviation of homelessness is designed to meet the needs of people leaving hospital and people with mental illness or Principles impairment. • Duty on public bodies to “ask”: i.e. identify risk of homelessness • The local authority must provide assistance to anyone who is going to be discharged • Duty to “act” on that information to prevent from hospital in the next six months and is people becoming homelessness considered as threatened with homelessness. • (Duty on local authority to respond) • GP practices should be under a requirement to refer to the local authority where a housing • No one should be discharged from institutions need is identified. with nowhere to sleep that night Case co-ordination for people with Health and social care multiple or complex needs • Where it is identified that an individual may • For people with complex needs requiring have health and social care needs as part of input from two or more public services to an assessment of homelessness or threat of support their health or wellbeing, or to facilitate homelessness, or an assessment of housing community safety, a case co-ordination support needs, a statutory duty is placed on approach is put in place the health and social care partnership to co- operate with the local authority in planning to • The approach should consist of: meet those needs. a. Identification of a professional to lead on • A statutory duty is placed on the Health and contact with the individual and co-ordinate Social Care Partnership to identify the housing service provision circumstances of patients, and where necessary work with partners to ensure that patients are b. A means for overseeing case co-ordination to assisted into suitable housing or that a risk of i. Identify and address gaps in service homelessness is prevented. Where the housing provision and co-ordination for such need is related to a lack of accommodation or individuals housing support needs, this should be a referral 46 Preventing homelessness in Scotland Preventing homelessness in Scotland 47

ii. Manage and prevent escalation of risk Reasonable steps would include Criminal justice Domestic abuse • Housing management practices to sustain • Assistance from homelessness services to Prisons Services for children and young people tenancies prevent homelessness must include support • The Prisons and Young Offenders Institutions and security measures to enable them to Children’s services • Engaging with the tenant to address relevant (Scotland) Rules 2011 are amended to ensure remain in their homes safely where this is the financial circumstances • if a health visitor or head teacher identifies that that applicant’s preference. there is a risk of homelessness for a family, they • Engaging the tenant to address behaviour o Prisoners are asked about their housing • The definition of abuse within homelessness make a referral to the homelessness service. situation as soon as reasonably possible on legislation is expanded to cover both the • Putting in place protocols to address going into prison. Protection from Abuse (Scotland) Act 2001 • Local authorities should ensure that they have relevant circumstances and mitigate risk of and the Domestic Abuse (Scotland) Act 2018. family mediation available as part of their homelessness at an early stage, including o If a prisoner is likely to need assistance to homelessness prevention offer. protocols relating to domestic abuse and where find housing for when they leave prison, • Homelessness prevention services should work tenants face court proceedings a referral is made as soon as possible in with other partners to ensure they are able to Assistance for young people the final six months of the sentence to the meet the needs of people requiring housing • If the landlord considers the risk of local authority identified by the prisoner for assistance due to domestic abuse. Such an • Local authorities should work with partners to homelessness for a tenant to require assistance homelessness assistance. approach should be coherent, including ensure the service meets the needs of young beyond their powers, including where there is a appropriate service planning, joint working people at risk of homelessness. growing risk of eviction, then they should notify • Where housing issues are identified, prisons across housing, homelessness and other the local authority as early as possible that work with partners including housing options services and training for staff. Local authorities there is a risk of homelessness (earlier than an 16 and 17 year-olds and housing associations to address the issues. should ensure that homelessness and housing existing s11 duty). • Young people aged 16 and 17 at risk of • By working with other partners, local authorities services have effective protocols in place to homelessness must be treated as children must ensure that the service for prevention identify signs of abuse as early as possible and Private landlords under the law and should receive assistance and alleviation of homelessness is designed assist people whose housing is at risk as a result from children’s social work, who have expertise • The pre-action requirements on private to meet the needs of people leaving prison or of domestic abuse. in the needs of this group. Primary responsibility landlords in cases of rent arrears which youth detention accommodation, and anyone • Local authorities support victims of domestic for assisting homelessness 16 and 17 year-olds were created in the emergency coronavirus at risk of homelessness due to impending court abuse to access exclusion orders. should sit with social work. legislation, to provide information and put in proceedings. Relevant partners should include place support for tenants in rent arrears, should the Scottish Prison Service and the Scottish • People at risk of homelessness as a result of Landlords be made permanent. Courts and Tribunal Service. domestic abuse should be able to access free legal aid in order to get an exclusion order. • If the landlord agrees with tenants as part of the Social landlords conversation around the pre-action protocol, Courts services • When considering the suitability of • Where a social landlord identifies circumstances or in any other circumstances, the landlord may • Local Housing Options services should work accommodation offered to a perpetrator or which may lead to a risk of homelessness, make a homelessness prevention referral to the with the Courts service to ensure housing victim of domestic abuse, consideration must including: local authority, where they are concerned that options advice is easily accessible within a court be given to its proximity to the other party in there may be an emerging risk of homelessness. setting. • Rent arrears or other financial difficulty which the abuse. A local authority must respond to a referral may give rise to risk of homelessness (i.e. from a private landlord under section 28 about • Social landlords should put in place protocols before difficulties have led to impending Police Scotland a possible case of homelessness. to address housing issues relating to domestic homelessness, such as eviction action). • Where there is a reasonable belief that abuse, based on the guidance produced • If a local authority is assisting a person someone may be homeless, police should ask • Tenant behaviour or action which may give rise in 2019 by CIH Scotland, ALACHO, SFHA, threatened with homelessness as a result of about the individual’s housing circumstances. to risk of homelessness. Shelter Scotland and Scottish Women's Aid. pending eviction from a private tenancy, the Specific circumstances may be identified in Consideration should be given to making • Other circumstances, including domestic local authority should have a power to request appropriate regulations or guidance, including elements of this guidance statutory if necessary. abuse, or court proceedings for example that the first tier tribunal delay execution of an someone rough sleeping, cases of domestic eviction order proceeding where a landlord has relating to criminal charges, which may give abuse or other household dispute leading to Local authority duties to respond to rise to a loss of accommodation due to remand failed to co-operate (appendix 1d). possible homelessness. or imprisonment then the social landlord must referrals • The homelessness advice and assistance is • Where the police identify a risk of homelessness take relevant reasonable steps to mitigate that • A local authority should accept a referral from a designed to meet the needs of persons living they should make a referral to the local risk. public body or landlord as a formal application, in the PRS. In practice, this would include PRS authority (with a corresponding responsibility unless the individual states that they do not access schemes, landlord liaison and rent on the local authority to act on the referral.) wish to make an application for assistance, or deposit guarantee schemes. unless the local authority cannot contact the 48 Preventing homelessness in Scotland Preventing homelessness in Scotland 49

individual after making reasonable efforts. 1. An extended prevention duty • A local authority must assist anyone threatened Approach local authority because homeless Strategic planning with homelessness within the next six months or threatened with homelessness: statutory assessment, assessment of housing support needs if needed • Community planning partners should set out and establish in Locality Plans the impact 2a. Steps to prevent homelessness of homelessness, emerging issues and joint • The minimum statutory framework to prevent working to address this. A community planning homelessness should include: statement should be included within the Local Found to be threatened Housing Strategy. • Housing options information, advice and with homelessness Found to be homeless advocacy within next six months • Health and Social Care Partnerships should set out a clear statement of their contribution • Support for landlords and tenants in the private to preventing homelessness within the Local rented sector, including landlord negotiation Housing Strategy. and assistance, rent deposit guarantee schemes Reasonable steps taken to prevent loss of accommodation and other access schemes • The next iteration of the National Performance or secure reasonable alternative (e.g. welfare and debt assistance, Temporary Framework has an emphasis on housing which • Welfare and debt advice and assistance family mediation, PRS access scheme and landlord accommodation enables people to live in it successfully. negotiation, institutional discharge arrangements), (if required) • Advocacy support set out in Personal Housing Plan • Support for people experiencing domestic Part 2: Reforming the current abuse to choose the best housing outcome, homelessness framework including assistance to remain safe in their own home where this is their preference HOMELESSNESS PREVENTED OR RESOLVED Principles • Family mediation services through offer of ‘stable’ and ‘suitable’ housing 1. Clarify, strengthen and extend a duty to prevent homelessness, and integrate it within the main • Supply of furniture or similar goods statutory framework. • Referral to other relevant agencies 2. Prescribe a range of reasonable steps to be • In addition, where an applicant has housing Maximal housing options. used to prevent or alleviate homelessness, support needs, the local authority must assess For example: based on the existing Housing Options these and make provision to meet them framework, to be included in a personalised and tailored housing plan that maximises • This minimum offer should be underpinned applicants’ choice and control. by specific working arrangements between agencies, such as between the local authority 3. Ensure the service meets the needs of specific and social landlords, prisons and other Remain Scottish groups at risk of homelessness, including those institutions, making housing options advice in current social experiencing domestic abuse, and those leaving available for people in court settings, etc accommodation tenancy prison, care and other institutions, those facing (family home, a threat of homelessness living in the private private or social rented sector. 2b. Personal housing plans, applicants’ tenancy) Private views and support Owner residential 4. Ensure people requiring assistance to prevent occupation or alleviate homelessness are assisted into • A local authority must take into account the tenancy accommodation which is stable and suitable applicant’s views as part of the assessment, to their needs, again allowing them choice and and try to reach agreement with the applicant control. on their housing needs, desired outcomes and what they advise the applicant to do to help 5. The system must be clear and accountable, resolve their circumstances providing people with appropriate and effective Shared Supported • The statutory assessment forms the basis of housing accommodation Mid-market rights of reviews and challenge throughout the Housing First process. a Personal Housing Plan agreed between the (including (small scale, rent local authority and the applicant lodgings) community based) 50 Preventing homelessness in Scotland Preventing homelessness in Scotland 51

3. Meeting the needs of specific groups the landlord that they are not intending to sell homelessness, as it does currently for during that time. social tenants. • Anyone leaving prison, youth detention, the armed forces or hospital within the next six • Other non-standard forms of accommodation, months with no accommodation arrangements where there is an intention that the Strategic housing support needs in place should be considered as threatened accommodation will be available for at least 12 assessments with homelessness. months, for example through an occupancy • As part of the local authority Local Housing agreement or permission to occupy. • Homelessness and housing options services Strategy required under s89 of the Housing must work with other services and voluntary Suitability: All accommodation must be suitable (Scotland) Act 2001 an assessment should sector partners to ensure that the service meets to the needs of the household. be carried out of the need of persons in the needs of specific groups, and any other that the area for housing support to retain their they specifically identify, including: Suitability will cover grounds relating to the accommodation. accommodation and those relating to the o Those experiencing domestic abuse household including: o Those going through legal proceedings • Affordability (defined in relation to the which may result in the loss accommodation household’s residual income after housing costs). o Those with mental health conditions or impairments • The best interests of any children in the household, or for whom the individual has o Young people parental responsibility. o Those facing homelessness within the • Location and access to relevant services, private rented sector employment, caring responsibilities or Note on care leavers: The Group has decided education, family support and social networks. not to specify care leavers in the legislation. The • Needs relating to health or disability. local authority’s primary responsibility to a care leaver up to the age of 26 is in relation to their • Where abuse is a factor (domestic or role as corporate parent and we do not want to otherwise), proximity to the perpetrator / victim. create conflicting duties. Stakeholders argued that current statutory provisions needed time to bed in. Additional safeguards should be in place for anyone accommodated in non-standard housing options, including the right to refuse these 4. Maximising housing options options. • The criteria for identifying appropriate housing options should shift to focus on the stability and 5. Enforcing people’s rights suitability of the accommodation, as follows: • There should be a right to review on a range of Stability: All accommodation must be expected specific decisions. to be available for a minimum period of 12 months. • An applicant should still be able to request a review even if they have accepted an offer of Stable accommodation should be defined to accommodation. include: • Applicants can challenge decisions through the • A Scottish secure or short Scottish secure Housing and Property Chamber of the First Tier tenancy. Tribunal for Scotland. Appeal grounds should be on both points of law and the merits of a • Owner occupation. decision. • A Private Residential Tenancy, where there • The Scottish Housing Regulator reports is an expectation that the accommodation annually on the experiences of households will be available for at least 12 months, for facing homelessness and the threat of example through receiving an assurance from 52 Preventing homelessness in Scotland Preventing homelessness in Scotland 53

Appendix 1: Proposed legislative (c) occupies as a residence by virtue of any enactment or rule of law giving him the changes right to remain in occupation or restricting the right of any other person to recover Appendix 1a: Draft amendments to Part possession. II of the Housing (Scotland) Act 1987 (2A)  A person shall not be treated as having Note: accommodation unless it is accommodation 1. Proposed amendments to the legislation are which it would be reasonable for him to shown as tracked changes. continue to occupy. Appendices 2. Amendments have been drafted on the basis (2B) Regard may be had, in determining whether that the test for intentionality is no longer it would be reasonable for a person to in place, based on the recommendation by continue to occupy accommodation, HARSAG which was accepted in principle to the general circumstances prevailing through the Action Plan. If intentionality is not in relation to housing in the area of the removed, then some changes would be needed local authority to whom he has applied to ensure that they work effectively. The Group for accommodation or for assistance in does not see any role for a test for intentionality obtaining accommodation. within a homelessness prevention framework. (3) A person is also homeless if either of 3. The use of an ellipsis (“…”) indicates where subsections (4) or (5) apply. language has been omitted from the current (4) This subsection applies if the person has legislation for ease of reading, for example in accommodation but— s30 in relation to restricted persons. (a) he cannot secure entry to it, or Part II of the Housing (Scotland) (b) it consists of a movable structure, vehicle Act 1987 (Homeless Persons and or vessel designed or adapted for human Prevention of Homelessness) with draft habitation and there is no place where he amendments is entitled or permitted both to place it and to reside in it; or 24.— Homeless persons and persons threatened with homelessness. (c) it is overcrowded within the meaning of section 135 and may endanger the health (1) A person is homeless if he has no of the occupants. accommodation in the United Kingdom or elsewhere. (5) This subsection applies if the person (“B”) has accommodation but – (2) A person is to be treated as having no accommodation if there is no (a) it is probable that occupation of it will accommodation which he, together with lead to abuse being suffered by B, or any any other person who normally resides other person who normally resides with with him as a member of his family or in him as a member of his family (“C”); or circumstances in which the local authority consider it reasonable for that person to (b) there is a risk that occupation of it reside with him— will lead to B or C suffering abuse from a person (“A”) who resides at the (a) is entitled to occupy by virtue of an accommodation, or who has previously interest in it or by virtue of an order of a resided with B or C; court, or (c) there is a risk that occupation of it will (b) has a right or permission, or an implied lead to B or C suffering abusive behaviour right or permission to occupy, or in by a partner or ex-partner of either of England and Wales has an express or them. implied licence to occupy, or 54 Preventing homelessness in Scotland Preventing homelessness in Scotland 55

(6) A person is threatened with homelessness if (11) In this Part: but (I understand) are to be amended in due detention accommodation, any of subsections (7), (8) or (9) apply to that course).] person. (a) “abuse” has the meaning given by the (c) former members of the regular armed Protection from Abuse (Scotland) Act forces, (7) This subsection applies if it is likely that he 2001 (asp 14); will become homeless within 6 months. 27A.— Duty to provide information, advice and (d) victims of abuse, or abusive behaviour (b) “abusive behaviour”, “partner” and “ex- assistance in accessing help from a partner or ex-partner, (8) This subsection applies if, in respect of the partner” have the meanings given by the only accommodation the person has that is Domestic Abuse (Scotland) Act 2018 (asp (1) A local authority shall secure the provision, (e) persons leaving hospital, without charge, of a service providing— available for the person's occupation: 5). (f) persons suffering from a mental illness or (a) a valid notice has been given by the (a) information and advice relating to impairment, landlord under: preventing homelessness, securing 24A.— Notification by social landlord in case accommodation when homeless, (g) persons living in accommodation in the (i) section 19 or 33(1)(d) of the Housing of possible homelessness or threatened accessing any other help available for private rented sector, (Scotland) Act 1988; homelessness people who are homeless or may become (h) persons at risk of losing the right to homeless, and (ii) section 14(2) or 36(2) of the Housing (1) This section applies if a social landlord occupy their current accommodation as a (Scotland) Act 2001; believes that a person occupying housing (b) assistance in accessing help under this consequence of any pending or ongoing kept by the social landlord is, or may be, Part or any other help for people who are legal proceedings; (ii) section 62 of the Private Housing homeless or threatened with homelessness, homeless or may become homeless. (i) any other group that the authority (Tenancies) (Scotland) Act 2016 for the purposes of section 24, and has not (2) In relation to subsection (1)(a), the service identify as being at particular risk of and that notice will expire within six months; made an application to any local authority homelessness in the authority's area. for accommodation or assistance under must include, in particular, the publication (b) a notice to quit, or any other notice which section 28 of that Act. of information and advice on the following (5) The authority may give to any person by is effective to terminate the tenancy matters— whom the service is provided on behalf of or other contract under which the (2) The social landlord shall ask the person to the authority assistance by way of grant or agree to the social landlord notifying a local (a) the system provided for by this Part and accommodation is occupied, has been how the system operates in the local loan. given by the landlord or owner, and that authority of— authority's area; (6) The authority may also assist any such notice will expire within six months; (a) the belief mentioned in subsection (1), and (b) the advice and assistance that is available person— (c) proceedings have been raised under (b) how the person may be contacted by the in the local authority's area for any section 24 of the Conveyancing and (a) by permitting the person to use premises local authority. person who is homeless or may become belonging to the authority, Feudal Reform (Scotland) Act 1970. homeless (whether or not the person is (3) If the person— (9) This subsection applies if the person is: threatened with homelessness within the (b) by making available furniture or other (a) agrees to the social landlord making the meaning of this Part); goods, whether by way of gift, loan or (a) due to be released from prison or youth notification, and otherwise, and detention accommodation within the next (c) how to access the help that is available. six months, and has no arrangements in (b) identifies a local authority to which the (c) by making available the services of staff (3) In relation to subsection (1)(b), the service employed by the authority. place for his accommodation, on release; person would like the notification to be must include, in particular, assistance made, (b) due to leave the regular armed forces in accessing help to prevent a person (7) Two or more local authorities may jointly within the next six months, and has the social landlord shall notify that local authority becoming homeless which is available secure the provision of a service under this no arrangements in place for his of the matters mentioned in subsection (2)(a) and whether or not the person is threatened with section for their areas; and where they do accommodation, on leaving; (b). homelessness within the meaning of this so— Part. (c) due to leave hospital within the next six (4) In this Part, “social landlord” means any (a) references in this section to a local months, and has no arrangements in registered social landlord, local authority (4) The local authority shall, in particular by authority are to be read as references to place for his accommodation, on leaving. landlord or a local authority which provides working with other public authorities, the authorities acting jointly, and housing services. voluntary organisations and other persons, (10) The Scottish Ministers may by order made ensure that the service is designed to meet (b) references in this section to a local by statutory instrument specify further the needs of persons at risk of homelessness authority's area are to be read as circumstances in which a person is to be who are within the following groups: references to the combined area. regarded as homeless, or threatened with [Section 25 (priority need) already abolished] (a) persons aged 25 and under; 28.— Inquiry into cases of possible homelessness homelessness, for the purposes of this Part. [Sections 26 (intentional homelessness) and 27 or threatened homelessness. (local connection) are not changed in this draft, (b) persons released from prison or youth 56 Preventing homelessness in Scotland Preventing homelessness in Scotland 57

(1) If a person (“an applicant”) applies to a local (Scotland) Act 1984; the applicant's occupation, until such made, they shall at the same time notify authority for: accommodation becomes available. him of their reasons. (ii) an assured tenancy under the Housing (a) accommodation; or (Scotland) Act 1988; (2) This duty arises irrespective of any local (4A) They shall also notify him— connection which an applicant may have (b) assistance in (iii) a private residential tenancy under the with the district of another local authority. (a) that he may request a review of the Private Housing (Tenancies) (Scotland) decision and of the time within which (i) obtaining accommodation, or Act 2016. (3) In subsection (1), “accommodation”, in the such a request must be made, and (ii) securing that accommodation does first place where the expression occurs, (6) This section is subject to section 28A. does not include accommodation of such (b) of the advice and assistance that is not cease to be available for his available to him in connection with any occupation, description as the Scottish Ministers may, by order made by statutory instrument, specify. such review. and the authority have reason to believe 28A. – Provision of accommodation under section … that he may be homeless or threatened with 25 of the Children (Scotland) Act 1995 (4) Such an order may— homelessness, they shall make such inquiries (a) specify any description of 30A.— Assessments as are necessary to satisfy themselves as to (1) Section 28 does not apply to any applicant for whom the local authority: – accommodation subject to conditions or (1) If the local authority are satisfied that whether he is homeless or threatened with exceptions, homelessness. an applicant is homeless or threatened (a) has a duty to provide accommodation, with homelessness, they must make an in terms of section 25(1) of the Children (b) make different provision for different (2) If the authority are so satisfied, theymay, purposes and different areas. assessment of the applicant's case. if they think fit, also make inquiries as to (Scotland) Act 1995; or whether he has a local connection with the (5) A statutory instrument containing an order (2) The authority's assessment of the applicant's (b) has decided to provide accommodation case must— district of another local authority in Scotland, under section 25(2) or (3) of the 1995 Act. under subsection (3) is subject to annulment England or Wales. in pursuance of a resolution of the Scottish (a) specify the reasons why the applicant has (2) Where an applicant is a child or person who Parliament. (3) Where a local authority receives notification become homeless or threatened with may be provided with accommodation homelessness; from any public authority, social landlord, or under section 25(2) or (3) of the 1995 Act, private landlord, of: the local authority shall firstly determine 30.— Notification of decision and reasons. (b) specify the housing needs of the (a) the landlord’s belief that a person is, or whether to provide accommodation under applicant including, in particular, what may be, homeless, or threatened with that section, before accepting an application (1) On completing their inquiries under section accommodation would be suitable for homelessness, and under section 28 of this Act. 28, the local authority shall notify the the applicant and any persons with whom applicant of their decision on the question the applicant resides or might reasonably (b) how that person may be contacted, whether he is homeless or threatened with be expected to reside (“other relevant homelessness. persons”); the local authority shall treat that person as having 29.— Interim duty to accommodate made an application under section 28(1), unless (1) If the local authority have reason to believe [Subsection (2) already repealed] (c) where the authority have reason to subsection (4) applies. believe that the applicant may be in that an applicant may be homeless they (3) If they notify him that their decision is shall secure that accommodation is made need of housing support services, assess (4) This subsection applies if: that he is homeless or threatened with whether the applicant, and any other available for his occupation— homelessness, they shall at the same time (a) the local authority is unable to contact the relevant persons, need such services; (a) pending any decision which they may notify him whether they have notified or person, having made reasonable efforts to propose to notify any other local authority (d) seek to identify the outcome the applicant do so; make as a result of their inquiries under section 28; under section 33 that his application has wishes to achieve with the authority's (b) the person informs the authority that he been made. assistance; does not wish to make an application (b) where the applicant has, under section 35A, requested a review of a decision of … (e) specify any steps the applicant is advised under section 28(1). to take for the purposes of securing that the authority, until they have notified him (4) If they notify him— (5) In subsection (3): in accordance with section 35B of the the applicant and any other relevant decision reached on review; (a) that they are not satisfied that he persons have and are able to retain (a) “public authority” means a person who is homeless or threatened with suitable accommodation; has functions of a public nature; and; (c) where, by virtue of a decision referred homelessness, or to in paragraph (a) or (b), the authority (f) specify the steps the authority are to (b) “private landlord” means a person who is have a duty under section 31 to secure (b) that they have notified or propose to take under this Part for those purposes the landlord of: that accommodation of a particular notify another local authority under including, in particular, the reasonable steps to be taken under section 30C; and (i) a regulated tenancy under the Rent description becomes available for section 33 that his application has been 58 Preventing homelessness in Scotland Preventing homelessness in Scotland 59

(g) specify, in light of the reasons specified matters mentioned in subsection (2) (b) matters to which a local authority are to or social provision, and if so, what should in subsection (2)(a), what steps, if any, changes, or have regard when ensuring provision of be done to meet that need. might be taken in the future, to avoid services. the applicant becoming homeless or (b) the authority's assessment of the (2) Where the board, having made an threatened with homelessness again. applicant's case otherwise changes such (4) Regulations made under this section may assessment at the request of a local authority that the authority consider it appropriate make different provision for different under subsection (1)(b), identifies that the (3) In making its assessment, the authority must: to do so, purposes and different areas. applicant or another relevant person has an unmet need for healthcare or social care (a) take the applicant’s views into account; the authority must notify the applicant, in writing, (5) Before making any regulations under this provision, or had such a need at the time of how their assessment of the applicant's case section, the Scottish Ministers must consult— (b) try to reach agreement with the applicant of the local authority’s notification under has changed (whether by providing the applicant subsection (1)(a), it shall notify the local as to the matters specified for the with a revised written assessment or otherwise). (a) such bodies representing local authorities; purposes of subsection (2)(b), (e), (f) and authority of that finding. (b) such bodies representing the interests of (g); (8) A notification under subsection (5) or (7) (3) Where a notification is made to a local must inform the applicant – homeless persons; and (c) comply with section 30B, in respect of authority by the board under subsection any assessment of the need for housing (a) that he may request a review of whether (c) such other persons, (2), the local authority and the board shall together plan how best to co-ordinate: support services under subsection (2)(c); the assessment made under subsection as they think fit. and (2), or as changed under subsection (7): (a) the board’s efforts to meet the need (6) Regulations under this section may be made (d) where subsection (4) applies, consider (i) accurately assesses the matters for healthcare or social care provision only if a draft of the statutory instrument identified under subsection (2); and how best to co-ordinate the services specified in subsection (2); and containing the regulations has been laid being provided to the applicant, so as to (ii) complies with subsection (3); before, and approved by resolution of, the (b) and the authority’s discharge of its duties enable the authority to discharge its duties Scottish Parliament. under this Part. under this Part. (b) the time within which such a request must be made; (7) In this Part, “housing support services” (4) This subsection applies where the applicant includes any service which provides is receiving support or assistance from: (c) of the advice and assistance that is support, assistance, advice or counselling 30C.— Reasonable steps to secure that available to him in connection with any to an individual with particular needs with a accommodation is available, or does not cease to (a) the authority in the exercise of any of be available. their other functions as well as in the such review. view to enabling that individual to occupy, exercise of their functions relating to or to continue to occupy, residential (1) Where a local authority are satisfied that an homelessness; accommodation as the individual's sole or applicant is homeless or threatened with 30B.— Assessment and provision of housing main residence. homelessness, they shall take reasonable (b) any Health Board; support services steps to secure that stable and suitable accommodation is available, or does not (c) an Integration Joint Board established (1) In carrying out such an assessment under under section 9(2) of the Public Bodies 30BB.— Unmet Healthcare or Social Care Needs cease to be available, for the applicant’s section 30A(2)(c) the local authority must— occupation. (Joint Working) (Scotland) Act 2014; or (1) Where the authority, in making inquiries (a) conduct inquiries of such type as may be under section 28, or carrying out or revising (2) Reasonable steps under subsection (1) may (d) any agency or organisation, charitable prescribed; and or otherwise, which provides support, an assessment under section 30A or 30B, include – forms the view that the applicant, or any assistance, advice or counselling to (b) have regard to any prescribed matters. (a) arranging for a person other than the individuals with particular needs. person with whom the applicant resides (2) Following such an assessment, the local or might reasonably be expected to reside authority to provide something; (5) The authority must notify the applicant, authority must ensure that prescribed (“other relevant person”), may have an unmet (b) the authority itself providing something; by provision of a copy of assessment or housing support services are provided to any need for healthcare or social care provision, otherwise, of the terms of the assessment. person assessed as being in need of them. which is related to any of the matters it is or required to assess under section 30A, it shall: (6) Until such time as the authority consider (3) The Scottish Ministers may by regulations (c) providing something, or arranging for that they owe the applicant no duty under made by statutory instrument make further (a) notify any Health Board, or an Integration something to be provided, to a person any of the following sections of this Part, the provision about the provision of prescribed Joint Board established under section other than the applicant. authority must keep their assessment of the housing support services in pursuance 9(2) of the Public Bodies (Joint Working) applicant's case under review. of subsection (4) and may, in particular, (Scotland) Act 2014 of that view; and (3) The following are examples of reasonable specify— steps that may be taken under subsection (7) If— (b) request the board so notified to assess (1)— (a) the period for which services are to be whether the applicant or another relevant (a) the authority's assessment of any of the provided; person has an unmet need for healthcare (a) mediation, including family mediation; 60 Preventing homelessness in Scotland Preventing homelessness in Scotland 61

(b) payments by way of grant or loan; section 30C ends to request a review of the authority's (2) The Scottish Ministers shall by regulations: decision to bring the duty under section (c) guarantees that payments will be made; (1) The authority must give notice to the 30C to an end and the time within which (a) specify – applicant bringing the duty under section such a request must be made; and (d) support in managing debt, mortgage 30C to an end, where: (i) matters to be taken into account in arrears or rent arrears; (c) of the advice and assistance that is determining, for the purposes of this (a) the applicant is homeless, or has become section, whether the accommodation (e) support and security measures for available to him in connection with any homeless, and such review. with housing support services offered applicants at risk of abuse, or abusive to an applicant is suitable for the behaviour from a partner or ex-partner; (b) the steps taken under section 30C have applicant; not, within the relevant period, secured (f) advocacy or other representation; that stable and suitable accommodation is 31.— Duties to persons found to be homeless. (ii) conditions which must be fulfilled, in (g) information and advice, including, but available for the applicant’s occupation. order for the authority to determine (1) This section applies where the authority has that the accommodation with housing not limited to, the information and advice (2) For the purposes of subsection (1)(b), the given notice to the applicant under section described in section 27A; support services offered to an applicant “relevant period” is the period that the 30D(1). is suitable for the applicant; (h) referral to individuals, professionals, or authority consider to be reasonable in the circumstances, but which shall be no longer (2) The local authority shall, unless they notify (b) specify the circumstances in which other bodies capable of assisting the another local authority in accordance applicant; and than 56 days from the date of notification of accommodation with housing support the terms of the assessment, under section with section 33 (referral of application on services is stable; (i) other services, goods or facilities. 30A(5). ground of local connection), secure that accommodation becomes available for the (c) require that accommodation with (4) In any case in which: (3) If any of the circumstances mentioned in applicant’s occupation which is both stable housing support services is to be stable, subsection (4) – (6) apply, the authority may and suitable. except in circumstances specified in the (a) the applicant is threatened with give notice to the applicant bringing the duty regulations. homelessness, and under section 30C to an end. (b) steps taken under this section have (4) The circumstances are that the authority are [Existing subsections (2) and (3) fall to be not secured that stable and suitable satisfied that: repealed, on the abolition of intentional 32.— Stability and suitability of accommodation accommodation is available for the homelessness. Subsection (4) has already applicant’s occupation, (a) the applicant is no longer homeless or been repealed] The Scottish Ministers shall by order made by threatened with homelessness, and statutory instrument specify – provision under subsection (3)(a) or (b) may include the authority securing that (b) there is stable and suitable (a) accommodation which is stable for the accommodation becomes available for accommodation available to the applicant 31A.— Accommodation with housing support purposes of this Part; services the applicant which is stable and suitable. which is likely to continue to be available (b) matters to be taken into account in for the applicant’s occupation, for at least [Existing 32 “Duties to persons found to be determining, for the purposes of this Part, (5) The local authority must ensure that they 12 months from the date of the notice. have arrangements in place to take any of threatened with homelessness” is deleted in whether accommodation is suitable for a the steps mentioned in subsections (4) and (5) The circumstances are that the authority this draft.] person; and (5), in any case where it is reasonable to do are satisfied that the applicant, having (1) This section applies where: (c) conditions which, in respect of any type so, to secure that suitable accommodation is been notified in writing of the possible of accommodation, or a particular type available, or does not cease to be available, consequences of refusal or acceptance (a) a housing support services assessment of accommodation, must be fulfilled, for occupation by an applicant. of the offer, has refused an offer of under section 30B has concluded that in order for the authority to determine accommodation which is both stable and the applicant or any other person residing (6) In deciding what steps they are to take, that the accommodation is suitable for a suitable, including an offer made under with that applicant currently requires a person, for the purposes of this Part. the authority must have regard to their section 30C(4). level of housing support services which assessment of the applicant's case under makes the provision of accommodation section 30A. (6) The circumstances are that the authority are with housing support services under this satisfied that the applicant has withdrawn the section appropriate; and [32A.— “Power of the Scottish Ministers to (7) Nothing in this section shall affect any application mentioned in section 28. modify application of sections 31 and 32” deleted right of a local authority to secure vacant (b) accommodation with housing support in this draft. See note to s 31(2). S32B now S30B] possession of accommodation, whether by (7) Notice given under this section must— services has been offered to the applicant: virtue of a contract or of any enactment or [Sections 33, 33A, 33B and 34 concern local rule of law. (a) specify which of the circumstances in (i) which is suitable; and connection, and the referral of applications subsections (1), (4), (5) or (6) apply; to other authorities. These will be amended/ 30D.— Circumstances in which the duty in (ii) has been accepted by him. (b) inform the applicant that he has a right repealed in the future. They are not included in 62 Preventing homelessness in Scotland Preventing homelessness in Scotland 63

this draft] (c) where accommodation is secured for (7) There is no right to request a review of a complied with. the applicant under section 29, 31, or 34 , decision reached on review. 35.— Supplementary provisions. any decision as to whether the provision … (1) A local authority may perform any duty of that accommodation discharges the under section 31 or 34 (duties to persons authority's duty to the applicant under 35B.— Procedure on review found to be homeless to secure that that section; 35C.— Right of appeal to First-tier Tribunal (1) A review under section 35A shall: accommodation becomes available for the (d) any decision to terminate the provision of (1) If an applicant who has requested a review occupation of a person)— interim accommodation under section 29; (a) in the case of a review under section under section 35A is dissatisfied with the (a) by making available accommodation 35A(2), be carried out by a person decision on the review, he may appeal to the (e) any decision made under section 30B, senior to the person who made the First-tier Tribunal. held by them under Part I (provision of including a decision whether or not housing) or under any other enactment, decision being reviewed and who had to carry out an assessment under that no involvement in the making of that (2) An appeal must be made before the end of (b) by securing that he obtains section, and as to what prescribed decision; the period of 21 days beginning with the date accommodation from some other person, housing support services are provided to of notification of the decision. or any person assessed as being in need of (b) in the case of review under section 35A(5), them; be carried out by a person senior to the (2A) The Tribunal may give permission for an (c) by giving him such advice and person who carried out the assessment appeal to be brought after the end of the assistance as will secure that he obtains (f) any decision as to the steps that it is under section 30A(2) (or changed the period allowed by subsection (2), but only if accommodation from some other person. reasonable for the authority to take, for assessment under section 30A(6)) and it is satisfied— the purposes of fulfilling the duty under who had no involvement in the making or (a) where permission is sought before the (2) Without prejudice to section 210(1), a local section 30C; changing of the assessment. authority may require a person to whom end of that period, that there is a good they were subject to a duty under section (g) any decision that the duty owed to the (2) The authority, or as the case may be either reason for the applicant to be unable to 29, 31 or 34 (interim duty to accommodate applicant under section 30C has ended; of the authorities, concerned shall notify the bring the appeal in time; or pending inquiries and duties to persons (h) any decision to notify another authority applicant of the decision reached on review. (b) where permission is sought after that found to be homeless)— under section 33(1). (3) If, in respect of a review under section time, that there was a good reason for the applicant's failure to bring the appeal (a) to pay such reasonable charges as (3) A request for a review of a decision 35A(2), the decision is— they may determine in respect of in time and for any delay in applying for mentioned in subsection (2) shall be made (a) to confirm the original decision on any permission. accommodation which they secure for his before the end of the period of 28 days occupation (either by making it available issue against the interests of the applicant, beginning with the day on which the or (3) On appeal the Tribunal may make such order themselves or otherwise), or applicant is notified of the decision or such confirming, quashing or varying the decision (b) to pay such reasonable amount as they longer period as the authority may allow. (b) to confirm a previous decision— as it thinks fit. may determine in respect of sums payable (4) The applicant’s acceptance of an offer of (i) to notify another authority under (4) Where the authority were under a duty by them for accommodation made accommodation secured under section section 33(1), or under section 29, 31 or 34 to secure available by another person. 29, 31, or 34, or his occupation of that that accommodation is available for the accommodation, does not affect his (ii) that the conditions are met for referral applicant's occupation they must secure that entitlement to request a review under of his case, accommodation is so available— 35A.— Right to request review of decision subsection (2)(c). the authority shall also notify him of the reasons (a) during the period for appealing under this (1) Where an applicant requests a review of a (5) The applicant may also request a review of for the decision. section against the authority's decision, decision to which subsection (2) applies, the whether: an assessment made under section (4) The authority shall notify the applicant of the and local authority concerned shall review the 30A(2), or as changed under section 30A(6), reasons for any decision it reaches, on an (b) if an appeal is brought, until the appeal decision. accurately assesses the matters specified in application for review under section 35A(5). section 30A(2).. (and any further appeal) is finally (2) This subsection applies to the following (5) In any case they shall inform the applicant determined. decisions of a local authority— (6) A request for a review of the matters of his right to appeal to the First-tier Tribunal specified in subsection (5) shall be made (a) any decision to refuse an application under section 35C, and of the period within before the end of the period of 28 days which such an appeal must be made. 35D.— Notification made under section 28; beginning with the day on which notification (b) any decision as to whether the applicant under section 30A(2) or (6) was given, or (6) Where subsection (3) or (4) applies, notice A notification given to the applicant under any of is homeless or threatened with such longer period as the authority may of the decision shall not be treated as given sections 30, 30A, 30D and 35B shall be given in homelessness; allow. unless and until the relevant subsection is writing and shall, if not received by the applicant, is 64 Preventing homelessness in Scotland Preventing homelessness in Scotland 65

to be treated as having been given to the applicant Appendix 1b: Draft regulations “abuse” has the meaning given by the 6. This paragraph applies if the accommodation if it is made available at the authority's office for a Protection from Abuse (Scotland) Act 2001; is secured by a Private Residential reasonable period for collection by or on behalf of for settled and suitable Tenancy, provided that the landlord has the applicant. accommodation “household” means the applicant and any given confirmation to the authority, and person who resides, or might reasonably be the applicant, in writing, that it does not THE HOMELESSNESS (STABILITY AND expected to reside, with the applicant; intend to serve, within 12 months of the [Sections 36 to 41 may require slight modification SUITABILITY OF ACCOMMODATION) “interim accommodation” means commencement of the tenancy, a notice to reflect changes to section numbers etc. They (SCOTLAND) ORDER 2021 accommodation offered to an applicant to leave under section 62 of the 2016 Act, are otherwise unaffected.] under section 29 of the 1987 Act; relying on any of the grounds in part 1 (“Let Property Required for Another Purpose”) of Made: “minimum accommodation safety standards” schedule 3 to that Act. includes standards specified in an enactment Laid before the Scottish Parliament: for accommodation in relation to health and Coming into force: safety, hygiene, fire, furniture and electrical. 7. This paragraph applies if the accommodation equipment; The Scottish Ministers make the following Order is accommodation of which the applicant is in exercise of the powers conferred on them by “private residential tenancy” has the meaning the sole, or part, owner. section 32 of the Housing (Scotland) Act 1987 and given by the 2016 Act; all other powers enabling them to do so. “Scottish secure tenancy” has the meaning 8. This paragraph applies to any form of given by the 2001 Act; accommodation other than that specified in Citation and Commencement “short Scottish secure tenancy” has the paragraphs 4-7 above, in relation to which meaning given by the 2001 Act; the following additional conditions are 1. This Order may be cited as the fulfilled: Homelessness (Stability and Suitability Of “the repairing standard” means the repairing Accommodation) (Scotland) Order 2021 standard in section 13 of the 2006 Act. (a) the local authority are satisfied that it is and comes into force on [Date] . likely that the accommodation will be available for occupation by the applicant for at least 12 months, from the date on Application of this Order which the applicant, and his household, Interpretation 3. This Order applies to an authority’s take up occupation, 2. In this Order – determination of whether accommodation (b) it is accommodation which the applicant (other than interim accommodation) is stable wishes to occupy, and has confirmed that “the 1987 Act” means the Housing (Scotland) or suitable, under part II of the 1987 Act. Act 1987, and any reference to a numbered wish, in writing; section is a reference to a section of that Act; (c) the owner or landlord has provided “the 2001 Act” means the Housing (Scotland) Accommodation which is stable confirmation to the authority, and the Act 2001; applicant, in writing, that it intends the 4. For the purposes of sections 30D and accommodation to be available to the “the 2004 Act” means the Antisocial 31, accommodation is stable if any of applicant for at least 12 months, from Behaviour etc. (Scotland) Act 2004; paragraphs 5, 6, 7 or 8 applies. the date on which the applicant, and his household, take up occupation; and “the 2006 Act” means the Housing (Scotland) Act 2006; (d) in the case of accommodation to be 5. This paragraph applies if the accommodation occupied by the applicant under a “the 2016 Act” means the Private Housing is: contract, the applicant, and the owner or (Tenancies) (Scotland) Act 2016; (a) secured by a Scottish secure tenancy; or landlord as the case may be, have entered “applicant” has the same meaning as in into a written agreement which specifies section 28(1) of the 1987 Act; (b) where paragraph 1, 2 or 2A of schedule their rights and obligations, including, in 6 to the Housing (Scotland) Act 2001 particular, the circumstances in which the “authority” means the relevant local authority (asp10) is satisfied in relation to the contract may be terminated. which owes a duty to a homeless person applicant, secured by a short Scottish under part II of the 1987 Act; secure tenancy. 66 Preventing homelessness in Scotland Preventing homelessness in Scotland 67

Matters to be taken into account in determining which— (a) has, within the accommodation, adequate 18. Where the accommodation is within a house whether accommodation is suitable toilet and personal washing facilities for in multiple occupation subject to licensing (i) are currently used by or provided to the use of the applicant’s household; under part 5 of the 2006 Act, , it may only be 9. In determining whether accommodation the person; and regarded as suitable if the house is licensed. is suitable for the applicant, the authority (b) has adequate bedrooms for the exclusive must take into account whether or not (ii) are essential to the well-being of the use of the household; the accommodation is affordable for the person; applicant. (c) is accommodation within which the 19. Where the accommodation will be let under (f) where the accommodation is situated household has the use of adequate a Private Residential Tenancy, it may only outside the area of the authority, the cooking facilities and the use of a living be regarded as suitable where the landlord distance of the accommodation from the room; has provided to the authority a copy of the 10. Where the applicant’s household includes area of the authority; document which sets out all of the terms of dependent children, the authority shall, in (d) is usable by the household for 24 hours a the tenancy, and the specified information, determining whether accommodation is (g) the significance of any disruption which day. would be caused by the location of the which will be provided to the tenant under suitable for the applicant, consider whether sections 10 and 11 of the 2016 Act. occupation of that accommodation is accommodation to the employment, consistent with the best interests of those caring responsibilities or education of the person; and 15. Where the accommodation is let (or will children. be let) under Scottish secure tenancy or a (h) the proximity of: short Scottish secure tenancy, it may only be regarded as suitable where the authority is 11. In determining whether accommodation is (i) alleged perpetrators of abuse against satisfied that: suitable for the applicant, the authority must the person; or take into account: (a) the accommodation is wind and (ii) victims of abuse perpetrated by the watertight, and in all other respects (a) the views of the applicant person. reasonably fit for human habitation; or (b) the assessment made by the authority (b) will be put into that condition, at the under section 30A; and Conditions which must be fulfilled, in order commencement of the tenancy. (c) any assessment it has made under section for the authority to determine that the 30B. accommodation is suitable for a person 16. Where the accommodation is let (or will be 13. Accommodation is not to be regarded as let) under a tenancy of a house, to which suitable where: chapter 4 of part 1 of the 2006 applies, it 12. In determining whether accommodation (a) its condition may endanger the health of may only be regarded as suitable where the is suitable for a person there must be authority is satisfied that the landlord: taken into account, where appropriate, the occupants; following matters relating to a person who is (b) if it is overcrowded within the meaning of (a) is complying with the duty, under section either the applicant, or who is a member of section 135 of the 1987 Act, or would be 14(1)(b) of the 2006 Act, to ensure that the the applicant’s household— overcrowded within the meaning of that house meets the repairing standard, at all times during the tenancy; or (a) the specific health needs of the person; section, on occupation by the applicant’s household; (b) will comply with the duty, under section (b) any disability of the person, and the 14(1)(a) of the 2006 Act, to ensure that the effects of that disability; (c) it does not meet minimum accommodation safety standards; or house meets the repairing standard, at the (c) the proximity and accessibility of family start of the tenancy. support and social networks; (d) it is not suitable for visitation by a child who is not a member of the applicant’s (d) the proximity and accessibility of the household and in respect of whom a 17. Where the accommodation is let by a accommodation to local services, member of the household has parental landlord who is a “relevant person” for the amenities and transport which are, or rights. purposes of section 83 of the 2004 Act, it might reasonably be expected to be, used may only regarded as suitable if the landlord by a member of the household; has been entered in the register of landlords (e) the proximity and accessibility of medical 14. Accommodation to which paragraph 8 maintained, under part 8 of the 2004 Act, by facilities, and other support services applies is not to be regarded as suitable the local authority for the area in which the unless it is accommodation which: tenancy is situated. 68 Preventing homelessness in Scotland Preventing homelessness in Scotland 69

Appendix 1c: Proposed (4) In deciding whether to order a delay in the Appendix 2: Current and proposed duties in Scotland, execution of an order for possession, or an amendment to schedule to the eviction order, the First-tier Tribunal shall Wales and England First-tier Tribunal for Scotland have regard, in particular, to the extent to Housing and Property Chamber which the applicant115 has co-operated, or WALES116 ENGLAND117 SCOTLAND (CURRENT)118 SCOTLAND (PROPOSED) (Procedure) Regulations 2017 failed to co-operate, with the steps taken by the authority under section 30C of the 1987 Duty to prevent • To take reasonable steps • To take reasonable • To take reasonable steps • Take reasonable steps to Act. homelessness to help to secure that steps to help the so that accommodation secure that accommodation suitable accommodation applicant to secure that does not cease to be is available or does not cease 16B Representations by the local authority in does not cease to be accommodation does not available to be available possession and eviction cases available cease to be available • Where there is a risk • Where there is a risk of (1) This rule applies where: • Where there is a risk of • Where there is a risk of of homelessness in the homelessness in the next homelessness in the next homelessness in the next next 56 days. 6 months. 56 days. 56 days. (a) an application is made for an order for • Reasonable steps not set • Steps set out in law possession under rule 65, 66, 77, or an • Reasonable steps set out • Steps set out in guidance out in law or guidance in law but not in law • No test for priority need, eviction order under rule 109; • No test for priority need intentionality, local • No test for priority need, • No test for priority need, or local connection. connection suspended. (b) the respondent, or any person residing local connection or local connection or Intentionality test at at the property to which the application intentionality intentionality LA discretion. relates, has sought accommodation or assistance from a local authority, under Ending of • Retain current • Retain current • No longer threatened • Reasonable steps result section 28 of the Housing (Scotland) Act prevention accommodation, or accommodation, or with homelessness, or in retaining current 1987; assistance accommodation which duty • Move to new • Move to new • Become statutorily is suitable and settled accommodation, accommodation, homeless, triggering (min 12 months), or (c) the authority has decided that the minimum 6 months minimum 6 months duty to secure respondent or any person residing at the accommodation (social • Move to new settled and property, is threatened with homelessness • If become homeless, • If not resolved, further or private tenancy) suitable accommodation further assistance assistance through relief (min 12 months) because section 24(4) or (6) of that Act through relief duty duty • (N.B. definition of applies; statutory homelessness • If not resolved via reasonable • If refuse offer of • If refuse offer of is very wide so very often steps, duty to secure settled (d) the authority is taking steps to secure accommodation LA accommodation, will still be occupying and suitable accommodation that suitable accommodation is available, can discharge duty applicant can move original accommodation (min 12 months) to applicant to relief duty but either no longer have or does not cease to be available for the • No requirement on applicant • Can discharge duty • Can discharge duty if a right or permission to applicant or that person, under section do so (e.g. asked to leave to co-operate if applicant fails to applicant deliberately with reasonable steps 30C of that Act. co-operate with and unreasonably refuses family home) or it is not currently reasonable (in any case housing reasonable steps to co-operate with outcomes are same whether (2) The authority may make written reasonable steps for them to reside there representations to the First-tier Tribunal, (e.g. victim of domestic homeless or threatened with homelessness) asking it to order a delay in the execution of violence) an order for possession, or an eviction order, • (No requirement on under rule 16A(4), on the ground that the individual to co-operate authority is taking steps under section 30C of with reasonable steps) the 1987 Act. Unclear how this interacts with full rehousing duty (3) Where written representations are made to the First-tier Tribunal under paragraph (2), it shall consider the written representations before making an order for possession, or an eviction order.

116 Statistics from https://statswales.gov.wales/Catalogue/Housing/Homelessness/householdsforwhichassistancehasbeenprovided-by- outcome-householdtype unless stated otherwise 117 Statistics from https://gov.wales/homelessness-april-2019-march-2020 and https://www.gov.uk/government/statistical-data-sets/live- tables-on-homelessness Data for Q2 2019 to Q1 2020 unless stated otherwise 118 Statistics from Scottish Government (2020) Homelessness in Scotland 2019/20; Scottish Government (2020) Housing Options statistics 115 Here the applicant is the person seeking the eviction order (i.e. the landlord). (PREVENT 1) 2019-20 70 Preventing homelessness in Scotland Preventing homelessness in Scotland 71

WALES116 ENGLAND117 SCOTLAND (CURRENT)118 SCOTLAND (PROPOSED) WALES116 ENGLAND117 SCOTLAND (CURRENT)118 SCOTLAND (PROPOSED)

Outcome of • 48% of those seeking • 51% of those seeking • 5% of homeless Outcome • 31,420 outcomes • 305,680 initial • 41,475 approaches to • All eligible applicants entitled prevention homelessness assistance homelessness assistance applicants threatened (including non assessments Housing Options and to settled and suitable duty require prevention duty require prevention duty with homelessness accommodation 36,855 applications housing outcome (may not be recorded outcomes) • 46% drop in number for assistance due to • 67% have homelessness • 58% have homelessness accurately). of rehousing duty homelessness or threat prevented (2019/20) prevented (65% • 59% drop in number acceptances after of homelessness of these into new • Separate outcomes of rehousing duty legislation introduced (includes duplication) • 3% found not to have accommodation) data for prevention acceptances after (2018/19) co-operated with not reported legislation introduced • Numbers of Housing reasonable steps and • 0.3% found to have (2016/17) • 58% prevention cases Options approaches have therefore ineligible for refused to co-operate secure accommodation been decreasing over further assistance with reasonable steps and • 41% relief cases secured • 42% relief cases secured time, while homelessness therefore ineligible for accommodation applications have further assistance accommodation • 5% of relief cases and increased slightly • 0.3% of relief cases 2 % of full duty cases • 11,665 households Interim Provide interim Provide interim Provide interim Provide interim found not to have refused to co-operate – duty discharged in temporary accommodation accommodation prior to accommodation prior accommodation prior accommodation prior to co-operated – duty accommodation duty assessment for main duty to assessment, if there to assessment, if the LA assessment, if the LA has discharged • 98,300 households in (not prior to relief), if there is reason to believe the has reason to believe the reason to believe the applicant temporary accommodation • 82% of unintentionally is reason to believe the applicant may be homeless, applicant may be homeless. may be homeless. No test for • 36% relief cases not homeless households applicant may be homeless, eligible and has a priority No test for priority need. priority need. entitled to further • 33% relief cases not rehoused into settled eligible and has a priority need assistance to address entitled to further accommodation need homeless (56 days ends, assistance to address not in priority need) homeless (56 days ends, • 93% social tenancy, not in priority need) 7% private tenancy Duty to provide Relief duty: Relief duty: • Secure that • Take reasonable steps to assistance if accommodation secure that suitable and homeless • Take prescribed • Take reasonable steps becomes available – settled accommodation reasonable steps to to help the applicant either social or PRS become available Duty to • No duty to refer • Duty to Refer on specified • General duty to As left, and in addition: help the applicant to to secure that suitable tenancy other bodies public bodies to notify co-operate on social secure that suitable accommodation • Accommodation must to prevent • Duty to co-operate housing authority of work, social landlords and • Duty on specified public accommodation becomes available • Not subject priority be available for at least homelessness on RSLs and social individuals they consider other landlords bodies to ask about housing becomes available need test. Subject to 12 months work authorities circumstances and refer to LA • Accommodation must may be homeless local connection test, • Duty on social and private • Accommodation must be available for at least six • No requirement on or threatened with intentionality test at landlords and mortgage • Duty on LA to treat referral be available for at least six months. individual to co-operate with homelessness within 56 LA discretion lenders to notify local as application for assistance months. reasonable steps days • Can discharge duty if authority when evicting/ • Duty on health and social • Can discharge duty if individual deliberately • If after a maximum of 56 • LA should respond to repossessing (s11) care partnership to co- individual fails to co- and unreasonably refuses days these are unsuccessful, referral • Requirements on social operate in planning to meet operate with reasonable to co-operate with secure that accommodation • No duty to co-operate on landlords to accept the needs of homelessness steps reasonable steps becomes available which other public bodies nominations of homeless applicants where relevant is suitable and settled households (s5) • No test for priority need • No test for priority need (min 12 months) • Specific duty on social or intentionality. Test for or intentionality. Test for landlords to take reasonable local connection local connection • No tests for priority need steps to prevent homelessness or intentionality. Local • Ends after 56 days • Ends after 56 days connection test suspended • Duty on LA to consider how to co-ordinate services Full rehousing duty Full rehousing duty for homeless applicants (after prevention/relief (after prevention/relief in receipt of services from duties have ended): duties have ended): multiple agencies • Rehouse in social tenancy • Rehouse in social tenancy • Duty on health and social care or 6 month PRS tenancy or suitable 12 month PRS partners to co-operate with tenancy. • Subject to priority need, planning to meet the needs of intentionality and local • Subject to priority need, homeless applicants with connection tests intentionality and local health and social care needs connection tests • Duty on health and social care partnerships and community planning partnerships to make contribution to local housing strategies regarding homelessness prevention 72 Preventing homelessness in Scotland Preventing homelessness in Scotland 73

Appendix 3: List of stakeholders 33. Edinburgh Access Practice/Deep End GP/ 66. Public Health Scotland 99. Simon Community Scotland consulted Royal Edinburgh 67. Renfrewshire Council 100. Social Work Scotland 34. Edinburgh Council 68. Renfrewshire Council – Time to Mend 101. Social Work Scotland Justice Committee Organisation(s) 35. Edinburgh Health and Social Care Partnership 69. Rock Trust / A Way Home Scotland 102. SOLACE 1. Aberdeen Cyrenians 36. Education Scotland 70. Royal College of GPs 103. South Ayrshire Council 2. Aberdeenshire Council 37. Engender 71. Royal College of Physicians and Surgeons 104. South Lanarkshire Council 3. Aberdeenshire Health 38. Falkirk Council 72. Royal College of Psychiatrists 105. Turning Point Scotland & Social Care Partnership 39. Families Outside 73. SACRO 106. West Dunbartonshire Council 4. Action for Children 40. Fife Council 74. Safe Lives 107. Who Cares Scotland? 5. ALACHO 41. Frontline Fife 75. Scotland’s Housing Network 108. Ypeople 6. Angus Council 42. Glasgow & West of Scotland Forum 76. Scottish Association of Landlords 7. Assist of Housing Associations 77. Scottish Borders Council 8. Barnardo’s Scotland 43. Glasgow City Council 78. Scottish Community Safety Network 9. Blue Triangle Housing Association 44. Glasgow Health & Social Care Partnership 79. Scottish Courts and Tribunals Service 10. British Association of Social Workers 45. Health Homelessness Housing 80. Scottish Federation of Housing Associations 11. Care Inspectorate Advisory Group 46. Healthcare Improvement Scotland 81. Scottish Government – Healthcare 12. Cedar Network Quality and Improvement Directorate – for children and young people 47. HMP Edinburgh 82. Scottish Government – Health and 13. CELCIS 48. Inverclyde Council Justice Collaboration Improvement 14. Circle 49. Inclusive Edinburgh 83. Scottish Government – Housing Support 15. Clackmannanshire Council 50. LGBT Youth and Homelessness Unit 16. Coalition of Care and Support Providers 51. Life Changes Trust 84. Scottish Government – Children in Scotland 52. Midlothian Council and Families Directorate 17. Community Justice Scotland 53. MoveOn 85. Scottish Government – Private Housing Services 18. COSLA 54. Multiple Complex needs – Scottish 19. Criminal Justice Social Work network Government and Scottish Health 86. Scottish Government – Private Rented Sector 20. Criminal Justice Voluntary Sector Forum in Justice Network 87. Scottish Government – Population Health Directorate 21. Crossreach 55. National Prison Care Network / Scottish Health in Justice Network | National Services 88. Scottish Government – Violence Against 22. Cyrenians Division (NSD) Women and Girls & Barnahus Justice Unit 23. Cyrenians Scottish Centre NHS National Services Scotland 89. Scottish Government – Mental Health for Conflict Resolution 56. NHS Fife Directorate 24. Department for Work and Pensions 57. NHS Health Scotland 90. Scottish Government – Community 25. Domestic Abuse Housing Alliance 58. NHS Healthcare Improvement Scotland Justice Division 26. Dumfries and Galloway Council 59. NHS Lanarkshire 91. Scottish Government – Children’s Rights Unit 27. Dundee Womens Aid 60. North Ayrshire Council 92. Scottish Government – Safer Communities Directorate 28. East Ayrshire Council 61. North Lanarkshire Council 93. Scottish Government – Learning Directorate 29. East Lothian and Midlothian 62. Parkhead Housing Association Public Protection Office 94. Scottish Housing Regulator 63. Phoenix Futures Scotland 30. East Lothian Council 95. Scottish Mediation 64. Police Scotland 31. East Lothian Housing Association 96. Scottish Prison Service 65. Policy Scotland 32. East Renfrewshire Council 97. Scottish Women’s Aid 98. Shelter Scotland 74 Preventing homelessness in Scotland Preventing homelessness in Scotland 75

Appendix 4: PRG terms of Principle 1: For those who face the imminent • Maggie Brunjes, Homeless Network Scotland g. Crisis will produce a report reflecting the threat of homelessness (within 56 days), a set of conclusions of the review, including suggested reference and membership robust prevention duties should be in place. • Tom Mullen, University of Glasgow legal reforms. Terms of reference Principle 6(b): Other public bodies should have • Ruth Whatling, Scottish Government h. Meetings will be held under Chatham House robust duties to both prevent homelessness • Kathy Cameron, CoSLA (later replaced by Katey rules. Minutes and relevant papers will be 1. Background (see Principle 1) and to cooperate with local Tabner, Laura Caven) published on a webpage hosted by Crisis Crisis has been invited by the Scottish Government housing authorities in relieving homelessness. following each meeting. For example, by providing relevant health and to convene an expert working group to take 4. Working approach and logistics forward the recommendation in the Scottish social care support services. 5. Principles a. Crisis will act as secretariat for the group Government’s Homelessness Action Plan: The prevention duty will draw on learning from a. Proposals should integrate effectively with We will work with public bodies, housing prevention duties in England and Wales. Initial b. The working group will meet seven times, other changes to the homelessness statutory providers and other partners to develop findings suggest these have made a significant starting in November 2019 and reporting in framework currently underway as part of work a new duty on local authorities, wider difference for many people who need help to summer 2020. on the Scottish Government / COSLA Ending prevent them becoming homelessness. However, Homelessness Together Action Plan public bodies and delivery partners for the c. Meetings of the core working group will have prevention of homelessness.119 this piece of work will go further than these as it aims to place responsibilities on a range of public the following focuses: b. The group will bring together their different viewpoints with the evidence and input This comes on the back of recommendations bodies. 1. Introduction, purpose and overview made by the Homelessness and Rough Sleeping of stakeholders and experts to form joint recommendations. The group will operate by Action Group in June 2018. This includes: 2. Task 2. Prevention duty on local authority housing departments joint consensus where possible, but where • Legislate for a new prevention duty that brings The working group will develop recommendations significant differences of opinion are held, these the “Housing Options” approach into the heart to the Scottish Government for a legal duty or 3. Health and social care can be noted within the final report. of the statutory homelessness framework – so duties on Scottish local authorities and wider that outcome orientated preventative practice public bodies to prevent homelessness. The group 4. Offenders and prison leavers c. Individual organisations on the working group will not be held to the final conclusions of the can be better regulated, and also encouraged, will also provide advice on how to ensure the 5. Domestic abuse as local authorities engaging in good recommendations are successfully implemented review. preventative work will no longer be exposed to in the context of wider reforms to homelessness 6. Children, young people and families legal challenge. provision in Scotland. 7. Contextual issues and review • Extend robust preventative duties to other d. Prior to each meeting of the group Crisis will public bodies, Housing Associations and 3. Membership issue papers for consideration, including further other organisations commissioned by public Chair: Professor Suzanne Fitzpatrick developed proposals for reform as the review bodies to deliver homelessness and associated progresses services.120 Core working group members: e. Prior to working group meetings focused on A range of other HARSAG recommendations • Cllr Elena Whitham, East Ayrshire Council / specific themes (meetings 2 to 6), Crisis will related to the work of wider public bodies, COSLA convene preparatory consultation meetings including public duties relating to the Child • John Mills, Fife Council / ALACHO with key stakeholders and experts relevant Poverty (Scotland) Act 2017 (rec 8, final report) and to the theme to identify key issues and the Fairer Scotland Duty (rec 27, final report). • Susanne Millar, Glasgow City HSCP opportunities and inform the working group This piece of work also takes forward the • Matt Downie, Crisis meetings. The working group will provide recommendations for the ideal homelessness input into the agenda in advance of each legislation in Crisis’ Plan to End Homelessness • Gordon MacRae, Shelter Scotland (later consultation meeting and will receive a report to have a strengthened prevention duty on local replaced by Jess Husbands, Adam Milne) following each consultation meeting. authorities in Scotland and a duty on other public • Sally Thomas, SFHA (later replaced by Jeremy f. People with lived experience of homelessness bodies to work with local authorities to tackle Hewer) will be invited to relevant preparatory discussion homelessness. • Callum Chomczuk, CIH meetings. Crisis will also work with partners to commission consultation with people with lived experience of homelessness to inform the work of the group. 119 Scottish Government / COSLA (2018) Ending Homelessness Together Action Plan, p23 120 Recommendation 2, Transforming the use of Temporary Accommodation in Scotland An interim report on the activity of the Homelessness and Rough Sleeping Action Group 76 Preventing homelessness in Scotland Preventing homelessness in Scotland 77

Appendix 5: Relevant HARSAG • All social landlords to have clear policies Authorities have a duty to provide a rent poverty. Local authorities, health boards and their on domestic abuse, and ensuring that deposit scheme within their area, but steps Community Planning Partners should recognise recommendations experience of abuse or violence does need to be taken to ensure these are fully child poverty as a primary driver of homelessness The original HARSAG recommendations were set not lead to someone losing their tenancy accessible and comprehensive. and demonstrate action to tackle child poverty across four report121. The most relevant ones are – for example, arrangements should in Local Child Poverty Action Reports as required stated here. (The numbering refers to the report be put in place so that tenancies can Recommendations related to specific groups at through the Child Poverty (Scotland) Act 2017, and recommendation number from that report). transfer seamlessly to the person who risk of homelessness as well as in Local Outcome Improvement Plans has experienced abuse, and reciprocal and Children’s Services Planning. This would be Recommendation 3:5 Ensure plans are always Recommendations for prevention statutory arrangements should be put in place to expected to include: agreed – or agreed as quickly as possible – to duty ensure people who experience domestic abuse can move to a safer place and have prevent homelessness for the groups who are • Education and health as key public services Recommendation 2:14 Ensure legislation continuity of tenancy predictably at highest risk of rough sleeping – well placed to identify and offer help provides sufficient support for shift to Scottish Government and all public bodies should when there are early warning signs of significantly greater levels of prevention – • Preventing evictions through more effective respond to evidence of which groups constitute homelessness Scottish Government should examine the case management of rent arrears, including early the highest proportion of people resorting to for introducing a comprehensive homelessness intervention such as financial heath-check rough sleeping to clearly articulate the pathways • Introducing homelessness and housing as a prevention duty on local authorities and other for new and other vulnerable tenants and interventions needed to prevent this outcome component of GIRFEC training public bodies, learning from and building on for particular groups. Evidence suggests this would • Ensuring that all aspects of the housing recent experience in Wales and England. • Reviewing the Regulatory Framework around include: rent arrears in relation to social landlords, system, from planning and building supply to This was subsequently strengthened to: and reviewing pre-action protocols so that • People leaving public institutions such as nominations and allocations policies place evicting into homelessness is avoided prison, mental health services, armed forces; GIRFEC at the heart of decision-making Recommendation 3:2 Legislate for a new prevention duty that brings the “Housing Recommendation 3: 6 Support and enable people • People with previous experience of public • The provision of whole-family asset-based Options” approach into the heart of the to maintain tenancies institutions such as prison, mental health supportive interventions to help struggling statutory homelessness framework – so that services, armed forces; families outcome-orientated preventative practice can • Support for households in groups known Recommendation 4: 12: Across their full range be better regulated, and also encouraged, as to be particularly at risk of homelessness, • Groups with particular needs such as people of delegated responsibilities Health & Social Care local authorities engaging in good preventative through ongoing support to sustain who have experienced domestic abuse, Partnerships should work in an collaborative work will no longer be exposed to legal tenancies, especially at times of potential migrants, asylum seekers, refugees, people way with Local Authorities, Housing Associations challenge. Extend robust preventative duties to rent arrears or at times of relationship experiencing relationship breakdown, LGBT and the Voluntary Sector to prevent and tackle other public bodies, Housing Associations and breakdown. This includes taking steps to groups and people with experience of the homelessness. Local Rapid Rehousing Transition other organisations commissioned by public ensure victims of domestic abuse are able to care system or on leaving the care system; Plans as part of the Local Housing Strategies bodies to deliver homelessness and associated maintain their tenancy if this is their choice; • People who have experienced or are to be fully integrated into Health & Social Care services. • Maintaining tenancies for people who experiencing poverty and/or adverse Partnership strategic plans. These should be are going to be absent from the property childhood experiences; and included in the Housing Contribution statement to Recommendations for support from wider while in prison (particularly those on short- ensure they are part of the planning framework. public bodies term remand) or in a hospital or other • Those facing potential eviction from the private rented sector, or the social rented Recommendation 4: 27 The Fairer Scotland Duty Recommendation 4: 23 Social Landlords, both health institution. Much of this can be sector including particular approaches on places a legal responsibility on particular public housing associations and local authorities, to use reinforced in a legislative prevention duty rent arrears. bodies in Scotland to actively consider (‘pay due all opportunities to support housing sustainment: for public providers of housing and housing regard to’) how they can reduce inequalities of associations; Where this exists (e.g. SHORE standards for • Ensuring there is ongoing support for all outcome caused by socioeconomic disadvantage prisoners) SG and others should ensure that the tenants re-housed after homelessness, to • Tenancy sustainment schemes tailored to the when making strategic decisions. Guidance pathways are implemented; and where this does ensure that appropriate preventative action is Private Rented Sector, such as the scheme already makes specific reference to homelessness, not yet exist for key groups as above, SG and taken at the earliest signs of difficulties, such previously run by the UK Government’s and prevention of homelessness should be others should ensure pathways are developed and as anti-social behaviour or rent arrears, to Department for Communities and Local considered as a key part of the implementation implemented. deliver a focussed approach on prevention Government (DCLG) known as the Private phase. through tenancy sustainment Rented Sector Access Development Scheme, which supports local ‘Help to Rent’ schemes Recommendations related to strategic • Initiatives to address the issues of loneliness to support homeless people and landlords planning and social isolation and rent deposit bond schemes. Local Recommendation 4: 8 At a local level, there is helpfully a duty on local authorities and health boards to demonstrate action to tackle child 121 https://www.gov.scot/groups/homelessness-and-rough-sleeping-action-group/ 78 Preventing homelessness in Scotland Preventing homelessness in Scotland 79

With thanks to: Beth Reid, Judith Chisholm who provided the secretariat for the Prevention Review Group, and other staff at Crisis who provided support. Members of the Prevention Commission and Homeless Network Scotland. Emma Dore of Adair Richard Associates for additional supporting research. All those who took part in stakeholder discussions and consultation.

Acknowledgements ISBN 978-1-78519-076-6