Human Rights and No Recourse to Public Funds Consultation

Some people are more exposed to a range of trauma and harm as a result of the circumstances they were born into. Some of the most harrowing experiences are lived by people from parts of the world where they are no longer safe and who ask from Scotland a place of safety, peace of mind and the opportunity to put their knowledge and skills to good use. 

For others from across Europe who want to make Scotland their home, we can protect them from homelessness, exploitation and destitution by enabling the advice and support to formally settle here and to get on with building and living their lives. 

Together, we can create a helping environment instead of a hostile one. This is our ambition, and it is shared by the Everyone Home collective, Scottish Government and the Convention of Scottish Local Authorities (COSLA). We have agreed to work together to develop a human rights-based pathway to safe accommodation and support for people who are destitute with no recourse to public funds (NRPF).

Having no recourse to public funds is for most people a temporary experience. We have developed a route-map which aims to mitigate the damaging impact of the experience of having no recourse to public funds. 

Until the end of September 2020 we are consulting widely on this route-map. We need your unique insight and feedback so that we can improve and deliver this ambitious new approach. Together, we can end destitution in Scotland. 

You can respond to our consultation here or by contacting us directly: 

hello@everyonehome.scot
0141 420 7272
0783 443 7185 
Join the conversation on social media at #EveryoneHome 

Our Impact: Connect, Learn & Act on Homelessness

Our latest Impact Report sets out the work undertaken by Homeless Network Scotland in the first half of 2020. It goes without saying that the circumstances over the spring and early summer were exceptional. We entered the year with a clear focus on our priorities but by March, like everyone, we faced the reality of the Coronavirus pandemic and the national lockdown.

The realities of the public health crisis have already made us reassess our understanding of what it is possible to achieve in terms of ending homelessness in Scotland – and shown how quickly that can be achieved. It also brought into focus what Homeless Network Scotland can continue to contribute under such challenging circumstances – to create, contribute to and maintain positive impact.

In the months to come, going into autumn and then winter, the challenge is to accurately assess how to maintain some of the positive progress that has been made so far, while protecting the principles that underpin Scotland’s approach to ending homelessness, and must now guide our next steps.

In common with everyone who has been fortunate to continue working throughout the lockdown, our team has learned how to make the most of digital technology, hosting webinars and communicating regularly [with] through social media while making improvements to our digital presence and ensuring that this technology is the best that it can be in these times of remote working.

This, and other organisational learning amassed over the period will play an important role in the ways in which we connect, learn, and act alongside others to increase our collective impact going forward. We hope you enjoy looking over this Impact Report for the first six months of 2020 and trust you will contact Homeless Network Scotland with any ideas or inspiration you take from it.

A bigger ambition to end destitution in Scotland

Twenty-eight influential charity and academic sector organisations working to end homelessness will start consulting from Monday (17 August) on the second in a series of Route Maps designed to permanently end rough sleeping and destitution (1) in Scotland as the country emerges from the pandemic.

The Collective, named Everyone Home, includes many household names and respected organisations working to end homelessness in all parts of the country. Together, they have agreed a ‘triple-lock’ of measures to mitigate the impact of the pandemic on homelessness with:

  • more homes
  • no return to rough sleeping
  • no evictions into homelessness. 

The second Route Map considers issues facing people who do not have access to the welfare benefits and housing options that are available normally in Scotland for people at risk of homelessness. This is described as having ‘no recourse to public funds’ and most commonly affects people seeking asylum; those appealing decisions are most affected, with around 50% of appeals subsequently upheld. Some EEA nationals without settled status are also at risk of destitution and homelessness because they cannot access some help and benefits.

There are around 1,600 destitute asylum (2) migrants in Scotland, of whom around half are in Glasgow. A further group of 2,050 destitute EEA migrants in Scotland are also at severe risk of destitution. 

Chief executive of Scottish Refugee Council (SRC), Sabir Zazai, said:

“People in the asylum system are forced into destitution due to the No Recourse to Public Funds (NRPF) policy, a deliberate decision by the Home Office. Today’s Route Map provides a clear solution to prevent destitution. It is essential that the issues facing people with NRPF are part of mainstream housing policy. For Scotland to eliminate rough sleeping, everyone, no matter their immigration status, must be protected and have access to a safe place to stay. Scotland has a proud history of welcoming and supporting people. This route map is an important step in working towards an even better future for people seeking safety in this country.”

The Route Map explains in detail how people in Scotland are destitute as a direct result of UK legislation. This can mean little or no money to meet basic needs, such as food, medicine or access to washing facilities. Having no recourse to public funds is for most people a temporary experience but can be the catalyst for poor mental health, rough sleeping and physical or sexual abuse. The Route Map aims to mitigate the damaging impact of that experience until their status is legally resolved or reconnection with a person’s country of origin is made, with a forward plan in place to ensure destitution is not experienced in another place.

UNESCO Chair: Refugee Integration through Languages and the Arts, Alison Phipps OBE, said:

“There has now been over a decade of academic research, third and public sector commissioning and substantial activism with regard to the critical levels of destitution affecting a range of populations in Scotland. The death rates attributable to destitution and poverty are rising and well-documented. The voluntary sector is stretched to the limit financially and emotionally. This report from the Collective is timely and urgently needed.

“It is time to value the analyses and to implement the deep structural change which will move vulnerable populations out of repeated crisis, and volunteers and workers out of emergency response mode. I am delighted to endorse its findings and energised by its calls to action.”

Chief Executive of Homeless Network Scotland, Maggie Brünjes, said:

“When the pandemic began to unfold in March rapid emergency support was provided to everyone who was destitute regardless of their immigration status. As we move into autumn there is a significant risk of people once again being forced onto the streets or into unsafe living arrangements, experiencing extreme poverty and at risk of exploitation and abuse – all the problems we were trying to deal with previously. 

“It doesn’t have to be that way. The response earlier in the year demonstrated that ‘destitution by design’ is unnecessary and there is now lower tolerance for, and higher ambition to end, this situation in Scotland. This is the time to act and put in place measures that will make sure no one experiences destitution in Scotland as emergency measures are lifted.”

From Monday (17 August) to the end of September Everyone Home is consulting widely on this Route Map. Anyone wishing to comment or contribute to the document can contact: hello@everyonehome.scot  or telephone 0141 420 7272 and/or join the conversation on social media at #EveryoneHome – more information at www.everyonehome.scot 

Consultation on a Ministerial Statement for modifying local connection referrals in Scotland

Overview

This consultation invites comments on the content of a Ministerial Statement to set out the circumstances in which, and the general criteria by reference to which, the power of Scottish Ministers to modify local connection referrals between local authorities in Scotland is to be exercised. It also invites comments on the proposal to suspend local connection referrals between Scottish local authorities to remove barriers people face to accessing the support they need.

Scottish Ministers are required, under section 33B of the Housing (Scotland) Act 1987, to consult such associations representing local authorities and such other persons, as they see fit, before preparing a Ministerial Statement setting out the circumstances in which, and the general criteria by reference to which, the power of Scottish Ministers to modify local connection, in section 33A of the Act, is to be exercised.

The consultation invites local authorities, third sector organisations and others with an interest in homelessness to consider and provide views.

Your comments will ensure that a wide range of perspectives are considered in preparing the statement.

Read the consultation paper.

Begin consultation

Contact

Stephen O’Connor, Homelessness Measurement and Legislation Unit

07791 594224

Homelessness_External_Mail@gov.scot

Homelessness charities to meet Minister

Seven senior representatives of 27 charities and academic organisations in the ‘Everyone Home Collective’ will offer their support to the Scottish Housing Minister, Kevin Stewart MSP, during a private meeting later today (Tuesday 28 July). The group will also seek reassurance from the Minister on aspects of the Scottish Government’s plans to prevent and address homelessness as lockdown measures ease and businesses reopen.

Among the issues on the agenda for today’s discussion are extending emergency legislation on evictions to April 2021; preventing a return to rough sleeping for people living in hotels; the role of private sector (PRS) landlords in tackling homelessness in future; plans to scale up Scotland’s highly-regarded Housing First programme, which is a way of ending homelessness permanently; support for people who do not have access to the full range of benefits or housing due to their immigration status, known as ‘No Recourse to Public Funds (NRPF).

The Collective includes respected charities and academic organisations, including many household names, working to end homelessness in all parts of the country. Together, they have agreed a ‘triple-lock’ of measures to protect the progress that has been made in accommodating most people who are currently homeless and frame the next steps. 

Today’s discussion will draw on these key asks contained in the Everyone Home Framework, submitted to the Scottish Government in May as a sector-wide response to Covid-19, as well as more recent developments and new information. The three themes are:

  • prioritise prevention, create as much housing capacity as we can now and make a long-term commitment to increase the supply of homes for social rent
  • permanently prevent a return to previous levels of rough sleeping in all areas
  • no evictions into homelessness, the end of avoidable evictions and the threat of illegal evictions.

Representing the Everyone Home Collective at today’s meeting are senior representatives from member organisations Crisis, Four Square, Glasgow Night Shelter for Destitute Asylum Seekers, Homeless Network Scotland, Simon Community Scotland, Scottish Refugee Council and Ypeople.

Janet Haugh, Chief Executive of Ypeople, will ask the Minister about the role that private landlords can play in helping to tackle homelessness.

Janet Haugh said: “As a collective we agreed to look at the role of private rented sector accommodation in preventing homelessness, and this becomes even more important as we edge towards autumn and winter. We want to explore the impact of any extension to the temporary rules on evictions and work together to find solutions, as well as support the government in discussions they may be having. We need quality, affordable options to end rough sleeping and tackle homelessness. Working alongside a range of housing providers including private landlords to identify suitable accommodation is the right approach so that the PRS can play a stronger role in a post-COVID recovery.” 

Janet Haugh – Chief Executive, Ypeople

Annika Joy, Project Director at Glasgow Night Shelter for Destitute Asylum Seekers, said: “We want to see an end to destitution in Scotland and protect the human rights of everyone who wants to make Scotland their home. The Collective is publishing a series of route maps and the next in the series is looking in detail at No Recourse to Public Funds. I will be asking the Minister how we can help bring together funders and partners and support the Scottish Government to provide services for people who find themselves without access to most benefits or housing choices – and how the Collective can support the Minister to engage the UK Government on this issue as immigration is reserved to Westminster.”

The next scheduled Route Map from the Everyone Home Collective on No Recourse to Public Funds and immigration status as it relates to homelessness is due to be published in August.

For more information visit www.everyonehome.scot or follow @homelessnetscot on Twitter.