Homelessness Policy and Procedure
SUMMARY OF LEGISLATIVE CHANGES
The following is a summary of the changes introduced by the
2001 Act and Homelessness etc (Scotland) Act 2003 - it is not
intended to be detailed legal advice on the provisions.
2001 Act
- s.1 requires local authorities to assess the levels of homelessness
in their area and produce homelessness strategies. Guidance
has been issued which incorporates the recommendations of the
Homelessness Task Force and stresses the need for the development
and delivery of strategies to be a corporate undertaking and
to involve partnership working with agencies external to the
local authority.
- s.2 requires local authorities to provide information and
advice about homelessness free of charge - guidance on the
form and content of this has been issued.
- s.3 makes a number of alterations to the Housing (Scotland)
Act 1987. These have the effect of:
- Changing the definition of homelessness to ensure that people
with reasonable accommodation overseas cannot apply as homeless.
- Ensuring that people who are assessed as having a priority
need and unintentionally homeless are entitled to permanent
accommodation, setting out a definition of permanent accommodation
and stating that if this is not provided the applicant should
continue to be assessed as homeless. This section also gives
local authorities the discretion to place someone in interim
accommodation where there is a duty to provide permanent accommodation.
- Lengthening the period during which people can be assessed
as 'threatened
with homelessness' to 2 months.
- Requiring that anyone who is assessed as homeless has a right
to temporary accommodation whilst enquiries are made.
- Requiring that all homeless people are entitled to a minimum
of temporary accommodation, advice and assistance - the type
of advice and assistance to be provided is set out in regulations
- Requiring that accommodation offered is reasonable to occupy
and meets any special needs the applicant may have.
- Requiring local authorities to have regard to the best interests
of children in exercising their functions.
- s.4 gives applicants the right of internal review of a decision.
- s.5 provides that Registered Social Landlords must comply
with a local authority's request to provide accommodation unless
there is a 'good reason' not to - guidance on what
constitutes a 'good reason' has been issued.
- s.6 sets out the procedures for arbitration where there is
a disagreement between the local authority and the RSL - Communities
Scotland have issued guidance on this.
- s.7 gives Ministers the power to issue regulations setting
out minimum terms of occupancy for persons living in hostels
and other short-term accommodation. These regulations have
not yet been made, but are being consulted on.
Homelessness etc (Scotland) Act 2003
- Expanded priority need categories to include those previously
listed in the 1997 version of Code of Guidance — i.e.
all those who are under 18 or who have been subject to harassment
or domestic abuse, people under 21 who are vulnerable to
financial or sexual exploitation or involvement in substance
misuse due to their living circumstances and anyone who is
vulnerable as a result of personality disorder, leaving hospital,
prison or the armed forces, having suffered a miscarriage
or undergone an abortion or chronic illness. [came into force
30 January 2004]
- Gives Ministers the power to specify a time from which priority
need is to abolish. Ministers are required to take into account
whether local authorities can reasonably be expected to perform
their duties before making this change. Ministers are also
required to consult on and publish a statement setting out
the measures to be taken to achieve the abolition of priority
need. This statement must include a target date for abolition
of no later than the end of 2012 and set interim objectives
towards the achievement of this target. This statement will
be made at some point in 2005.
- Gives local authorities a discretionary power, rather than
the current duty, to investigate whether a household is intentionally
homeless. [not yet commenced]
- Changes the provision given to intentionally homeless households.
The Act proposes that local authorities be under a duty to
grant a short Scottish Secure Tenancy (SST) with housing support
to these households. Where this short SST remains in place
for a year then the household will be entitled to a full SST.
If the short SST fails then the local authority will continue
to have a duty to provide accommodation and support, but not
to provide a tenancy. [not yet commenced]
- However where the applicant is intentionally homeless but
also subject to an Anti Social Behaviour Order (ASBO) or has
been evicted for anti-social behaviour in the last 3 years,
the local authority is not required to grant a short SST with
support but must still provide non-tenancy accommodation. [not
yet commenced]
- Gives Ministers a flexible power to modify the application
of the local connection provisions of the 1987 Act. This power
can be exercised in a variety of ways — local connection
can be suspended altogether, and reactivated again or it can
be applied differently between certain local authorities or
for certain categories of applicant. The Act requires that
Ministers consult on and make a statement setting out the circumstances
in which, and the criteria by reference to which, the power
is to be exercised. [not yet commenced]
- Provides that accommodation secured under the Immigration
and Asylum Act 1999 does not constitute accommodation of the
applicants' own
choice so does not establish a local connection. [came into
force on 30 January 2004]
- Provides powers for ministers to specify accommodation that
is NOT suitable as interim accommodation. This power has
been used to ban the use of bed and breakfast for families
with children after fourteen days. [came into force 30 January
2004]
- Prevent homelessness by requiring landlords to notify the
relevant local authority when they raise repossession proceedings
and require that sheriffs should consider reasonableness in
repossession proceedings where rent arrears are due to a delay
or failure in Housing Benefit. [not yet commenced].