Category: News

5-minute briefing: the unsuitable accommodation order

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This week, the covid-related exemptions in the order were extended again to September 2021. The order has been at the forefront of housing and homelessness policy due to the progressive outcomes for people it intends to achieve, balanced with the additional housing pressures on local councils as a consequence of the pandemic.

About the Order

In September 2019, the Scottish Government’s programme for government committed to legislate to extend the Unsuitable Accommodation Order to all homeless households in the parliamentary year and that it would come into force within the parliamentary term. The order was previously limited to households with dependent children and/or with a pregnant household member.

This followed a key recommendation from the Homelessness and Rough Sleeping Action Group in 2018 and a Scottish Government consultation on improving temporary accommodation standards that ran during the summer of 2019.

In May 2020, the Homeless Person’s (Unsuitable Accommodation) (Scotland) Order 2020 – commonly referred to as the Unsuitable Accommodation Order, or ‘UAO’ – makes the most significant change to the Order since it first came into force in 2004.

It means that no household can be placed in temporary accommodation for more than 7 days if:

  • It is not wind and watertight, meet minimum safety standards, or is not suitable for occupation by a homeless household.
  • It is in a different local authority area and/or too far from the health and education services people use, or not in the locality of a place of employment (considering reasonable public transport links).
  • It lacks adequate bedrooms, toilet and personal washing facilities for the exclusive use of the household.
  • It does not have the use of adequate cooking facilities and the use of a living room.
  • It is not usable by the household for 24 hours a day.
  • It is not suitable for visitation by a child who is not a member of the household and in respect of whom a member of the household has parental rights.

In practical terms, unsuitable temporary accommodation usually means B&B accommodation, hostels, shelters and – with significantly increased use during the pandemic – commercial hotels. A local authority placing a homeless household in accommodation not meeting these requirements for more than 7 days will be a breach of the Order.

Are there any exemptions?

There are a number of exemptions to the Order in relation to particular homelessness situations, particular types of accommodation, and the particular situation in relation to the Coronavirus pandemic.  These exemptions include situations where:

  • The household became homeless as a result of an emergency situation such as fire, flood, or other disaster.
  • The household has been offered accommodation that is suitable but requests the accommodation that does not meet the requirements.
  • The accommodation is used wholly or mainly to provide temporary accommodation to people who have left their homes as a result of domestic abuse and is managed by an organisation which (i) is not a public authority or a local authority; and (ii) does not trade for profit.
  • The local authority has secured that the accommodation has been made available and services relating to health, childcare or family welfare are provided to people accommodated there.
  • the accommodation made available (i) is shared tenancy accommodation which is shared, small-scale and of a good standard; (ii) consists of community hosting where the homeless household stays for a short period of time in a spare bedroom in the home of a community member; or (iii) is rapid access accommodation which offers emergency temporary accommodation.

And covid-related exemptions:

The restrictions in place due to the coronavirus pandemic led the Scottish Government to put in place a series of exemptions to allow local authorities to provide accommodation during the crisis without breaching the Order. 

These exemptions were due to expire at the end of January 2021, but the Scottish Government, in consultation with local authorities, created a further extension until the end of June 2021 – and then extended again in May 2021 to September 2021.

The exemptions are when:

  • A person in the household has symptoms of coronavirus and the household requires to isolate.
  • The accommodation is required to provide temporary accommodation to ensure that a distance of 2 metres can be maintained between a member of the household and a person who is not a member of the household, in order to prevent the spread of coronavirus.
  • A local authority is unable to make a suitable placement as a result of the impact of coronavirus on the supply of temporary accommodation in the area, provided that where a household includes a child or a pregnant woman the household is not placed in unsuitable accommodation for more than seven days.

In these circumstances, and to 30 September 2021, it is not a breach of the order if a local authority provides temporary accommodation that is considered unsuitable. A household placed in unsuitable temporary accommodation for more than seven days will be recorded as a breach of the UAO.

The Scottish Housing Regulator has also confirmed it will take account of the impact of the coronavirus pandemic when it assesses local authorities’ performance in complying with the UAO.

An open letter to the new Scottish Cabinet and Ministers

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Following this week’s statement by the First Minister, those of us concerned about homelessness were reassured by the Scottish Government’s continued commitment to resolve the issue, including £3.5 billion to deliver 100,000 affordable homes.

For the cabinet, ministers and MSPs this period is the beginning of a new Parliamentary term buoyed by our shared hopes for a brighter future. Recognising that Scotland’s journey to eradicate homelessness is continuing, not starting, is central to defining that future, as well as protecting the remarkable progress made to date. We see a welcome focus on action in the first 100 days, and beyond. Because ending homelessness in Scotland IS possible – IF we continue to act on what works, and what matters. 

Scotland has Europe’s strongest homelessness legislation and policy – but change on the ground can feel slow. Please consider what we believe are the five most important ‘known knowns’ shaping what we are doing, framing what has been achieved and guiding future direction:

  1. Housing ends homelessness. Scotland will have ended homelessness when every person has a safe place to build and live their life, not just a safe place to sleep. Housing should be in communities that people want to live in. Housing First redresses disadvantage among people whose homelessness is made harder by experiences including trauma, addictions and mental health.
  2. We are not all at equal risk. Estimates show eight per cent of the Scottish population will experience homelessness and we can predict those at greatest risk. Poverty is the most powerful driver, with child poverty a key predictor of homelessness later. We are over eight times more likely to become homeless if household income is under £10k than if over £20k.
  3. Homelessness arrives late in most cases. Councils and charities are carrying the can for missed opportunities to prevent homelessness early. All homelessness starts in a community, and a place-based approach to prevention – tightened by a new legal duty on the wider public sector – can stop it happening.
  4. Hostels were closed for good reason. Temporary accommodation is essential to avoid rough sleeping or other unsafe options on a daily basis. The scale offered by hostel and shared provision can seem appealing. However, that response cannot resolve homelessness, but maintains and sustains it. Evidence proves that a better response is to rapidly accommodate people in a home of their own.
  5. Homeless is a housing status, not a ‘type’ of person. People and families affected have different experiences and priorities. Support needs to be person-led and integrated. Government funding for Housing First in Scotland is drawn from both homelessness and the health portfolios, evidence of a commitment to joint working. Ending homelessness depends on planning and commissioning across multiple sectors and taking an equalities approach.

The Everyone Home Collective is a group of 35 academic and third sector organisations, including this one, committed to ensuring that housing is the first line of defence in our recovery. The collective is working in partnership with All in For Change, bringing lived experience and frontline leadership. We extend a warm invitation to meet us to discuss our shared priorities and how we can help achieve our shared goal of eradicating homelessness in Scotland.

Maggie Brünjes
Chief Executive of Homeless Network Scotland

Are you All In For Change?

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All in for Change (AIFC) is a programme led by a ‘Change Team’ who each have personal experience of homelessness and together are committed to ending it. As part of a National Conversation starting today the Change Team are speaking to, and learning from, people who see first-hand how policy and operational decisions affect real lives. The responses received will inform future conversations, both internally and when speaking with decision makers.

Jade Wallace has been part of the AIFC programme since it started, and said:

“At times, change can seem slow, and I think it is important to reflect and remind ourselves that slowly but surely a difference is being made.

“For so long homelessness has been viewed as solely a housing issue and I think this is a great opportunity to engage with and inform as many people as possible, to hear different experiences, viewpoints and share what we know works.”

The Change Team was established in late 2019 and they have contributed directly to decision making with a permanent presence at Scotland’s Homelessness Prevention & Strategy Group (HPSG). There are four New Directions that guide the team’s work. These reflect Scotland’s high level Ending Homelessness Together Plan, and they are People First; No Wrong Door; At Home; Good Vibes.

Taking these four New Directions as a guide the team are asking the following questions.

  • Has progress been made in achieving these?
  • If so, where and how are they being achieved?
  • If not, in what ways could they be achieved?
  • What gets in the way of them being achieved?

Jade Wallace added:

“The New Direction I like best is ‘At Home’. I truly believe that settled, secure, mainstream housing provided quickly is the best possible solution for people experiencing homelessness. I fully support the Housing First model, and I have seen first-hand the multiple benefits of ensuring people are provided with a secure home when they need it.”

The quickest way to get involved in the National Conversation is to complete the quick online survey, adding your experiences to our growing knowledge base, or even sharing the link with someone else. Other ways to take part are by downloading our conversation starter and having a chat with someone you work with, or support, and by joining a workshop led by the Change Team and talking with others to help grow change.

The Change Team are supported by partner organisations, Cyrenians, Frontline Network, Homeless Network Scotland and the Scottish Community Development Centre (SCDC) and is represented on the Scottish Government’s Homelessness Prevention & Strategy Group (HPSG).

For more information visit the All In For Change page.

Glasgow Alliance to End Homelessness

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Coproduction workshops on Tuesday 11th & Wednesday 12th May 2021

The Alliance recognises that to achieve systems change and transform the lives of people experiencing homelessness in Glasgow we’ll need the skills, experience and knowledge of all our partners across the City.

The award of services is now one of the key responsibilities of the Alliance. This is a crucial element of the foundations that will enable the Alliance to meet its core mission of making sure that the right service is available at the right time to meet current and emerging needs.

We invite you to bring your skills, knowledge and experience to a coproduction workshop to help us develop a strategy for the award of services that the Alliance will implement.

The workshop will outline the Alliance’s vision for a new system with opportunities to discuss how we bring this vision to life in a way that is best for people using services.

We want to hear from people at all levels of your organisation to make sure that we capture the learning from everyone’s perspectives. With that in mind, we’d appreciate your help to make sure that we have representation from people being supported by your services, your organisation’s front line, operational management and senior management at the events.

We have created a short survey which we would ask you to complete prior to the workshops. Please share this with your colleagues and people using your service. We ask that this is completed by 5pm on Friday 23 April 2021 and you can find the survey here https://allin.limequery.com/946851

The dates of the workshops are:

  • Tuesday 11th May- 10am – 1pm – Lived and living experience
  • Wednesday 12th May – 10am – 1pm – All providers of homelessness services

People with lived or living experience who attend the workshop on Tuesday 11h May will receive a £10 incentive.

This invite is open to everyone with lived or living experience, front line staff, operational managers and directors so please share this invitation widely across your organisation. Places are limited at each workshop and we ask that you have no more than three representatives from across your organisation. 

To book your place, please click here:

  • Tuesday 11th May- 10am – 1pm – Lived and living experience Click Here to Book
  • Wednesday 12th May – 10am – 1pm  – All Providers of homelessness services Click Here to Book

Please contact Andrew McCall if you require further information: Andrew.McCall@salvationarmy.org.uk

Supporting people without a settled address to vote in the Scottish Parliament election

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People who do not have a settled address or are experiencing homelessness can register to vote in the Scottish Parliament election on 6 May. The deadline to apply for a postal vote (including postal proxy vote) is 5pm on Tuesday 6 April. Anyone who wants to vote in person must ensure they register by midnight on Monday 19 April. The deadline to apply for an ‘in person’ proxy vote is 5pm on Tuesday 27 April.

The Electoral Commission’s guidance for professionals who work with people experiencing homelessness is available to download here. This was developed with support from the Everyone Home Collective. If you have any questions after reading the guide you can contact your local Electoral Registration Office. You can find their details by entering the postcode for the address which the person you are supporting would like to register at here. If you would like to raise awareness about voting in the election, you can download digital and print resources from the Electoral Commission here.