Category: News

Changes to the Unsuitable Accommodation Order in Scotland

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

Originally focused on households containing dependent children and/or pregnant women, the Order legislated for a time limit on placements in unsuitable accommodation, over time reduced from 14 days to 7 days.  

The Order as amended in 2020 extends its scope, meaning that the 7-day time restriction now applies to all people experiencing homelessness.

So what does this mean?

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

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, child care 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 for rough sleepers which consists of a bed, safe space, on-site homelessness and support assessments, and support to access specialist support for residents

  • a person in the household has symptoms of coronavirus and the household requires to isolate (expires on 31 January 2021)
  • 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 or the household in order to prevent the spread of coronavirus (expires on 31 January 2021)
  • 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 (expires end Dec 2020)

Comment on Scottish Government homelessness statistics

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Maggie Brunjes, Chief of Executive of Homeless Network Scotland:

“We know homelessness is not always prevented or responded to quickly enough and today’s figures from 2019/20 show there is still work to do, despite such a determined policy environment in Scotland. 

The system itself is outdated and too often doesn’t reflect what actually works and what matters. This is changing but change on the ground can be slow and the pandemic has heaped uncertainty onto an already complex problem. 

“The causes of homelessness are predictable and most often rooted in disadvantage, which restricts people’s options. The figures also highlight housing supply and housing access issues and increasing the supply of suitable homes for families and individuals is pressing.  

“Effective prevention can stop homelessness before it starts and a top-level group is working on how we can get better at this. If someone’s homelessness is not prevented that person should be accommodated quickly in normal, settled housing with the right support – this is the focus of Scotland’s rapid rehousing and Housing First approach.” 

“The statistics released today do not include the impact of the Covid-19 pandemic on homelessness: the ‘overnight’ success in lifting people out of rough sleeping, a ban on evictions and urgent measures by charities, councils and government to plan ahead for this winter. Nor do they fully reflect the first year of Scotland’s ground-breaking rapid rehousing plans coming into effect. However, the figures are a reminder that the big, structural systems change needed to end homelessness, which is well underway, must continue at pace.” 

Full details are available on the Scottish Government website here

Human Rights and No Recourse to Public Funds Consultation

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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

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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

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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