A new legal briefing sets out steps the Scottish Government and local authorities can take now to mitigate the harm caused to people in Scotland by UK immigration policy.
Ending Destitution in Scotland: A Road Map for Policymakers was commissioned by the Institute for Social Policy, Housing and Equalities Research (I-SPHERE) and Joseph Rowntree Foundation (JRF) through their role in Fair Way Scotland, a partnership working to prevent homelessness and destitution among people with No Recourse to Public Funds (NRPF).
The briefing by Jen Ang, for legal and strategic consultancy Lawmanity, follows the latest Fair Way Scotland evaluation report Destitution by Design, which sets out the terrible impact of the UK immigration system on people who come to Scotland to work, study, join family or seek safety.
This legal route-map argues that Scottish Government and local authorities can take positive steps to end this situation across seven areas that deliver essential support to people: social security and financial support, housing, transport, health and social care, education, work, justice and legal aid.
It challenges presumptions that reserved immigration law prevents specific groups from accessing support that would mitigate the harm they suffer at present, by presenting workable solutions that national and local government could pursue to achieve immediate positive change.
More broadly, the briefing recommends that decision makers in Scotland can fulfil their commitment to ending homelessness and destitution by reviewing and if necessary redesigning devolved policy, working with the UK Government to define ‘public funds’, improving frontline practice, and establishing parallel systems of support.
These protections have been built up over 25 years of devolution but are under threat because of the housing emergency. But this crisis is not, and never can be, an excuse or cover to water down people’s rights.
The right to a safe home is not something just for times that are easy. It is when times are tough, when councils need to decide between one priority or another, that rights come into their own.
The Cabinet Secretary has now responded to the collective and the Change Team with a letter committing to our rights.
Ms Somerville says: “They are key elements of Scotland’s strong rights for renters and homeless households and part of the protections in place to ensure homes are safe and suitable.
“I am clear that changing or suspending their application would risk regression and expose people to unsafe or unsuitable accommodation.
“As I mentioned in my previous letter, I am very proud of the rights that exist in Scotland for people experiencing homelessness and I can therefore assure you that I do not intend to pursue any changes to legislation.”
The Everyone Home collective has warned that people forced to sleep rough in Scotland could die this winter because of a severe lack of accommodation amid record levels of homelessness.
The collective has written to Scottish Government Cabinet Secretary for Social Justice Shirley-Anne Somerville MSP and COSLA Community Wellbeing Spokeswoman Councillor Maureen Chalmers voicing “serious concern” that the housing emergency will put lives at risk in the coming months. As things stand, there is simply not enough safe accommodation available for those who are homeless this winter.
The group, made up of nearly 40 third and academic sector organisations focused on housing and homelessness, issued a call for coordinated action as it warned of an accelerating crisis magnified by factors including cost-of-living pressures, austerity and inadequate social security.
Everyone Home has also for the first time written to the Scottish Human Rights Commission to ask them to urgently investigate this potential breach of government obligations to protect the fundamental right to life. Both Scottish Government and local authorities have duties under the Human Rights Act 1998 to take measures to safeguard lives.
In addition, the organisations have urged UK Home Secretary Yvette Cooper MP to ensure that the Home Office plays its part in preventing homelessness in Scotland. The Home Office must provide local authorities in Scotland with resources to ensure people granted Leave to Remain can move quickly into settled homes.
Everyone Home states: “Every person who is forced to sleep rough is one too many. Being left with no choice but to sleep in doorways and tunnels and parks severely damages people’s health and wellbeing, risks their safety and their lives, strips them of dignity and affects our wider communities too.
“In Scotland in 2024, no one should be left with no choice but to sleep on the street, and we emphasise that forcing people to do so at any time of year and particularly during winter puts their life at risk.”
It comes after Scottish Government statistics for 2023/24 showed that the number of people who slept rough prior to a homelessness application rose by 506 to 2,931 in the last year. That represents 7% of all households making an application and is higher than the pre-pandemic figure.
The statistics also revealed rough sleeping is on the rise across much of the country – including locations not traditionally affected to the same extent as urban areas.
Action to address the housing emergency now and in the longer term was top of the agenda at Scotland’s annual homelessness conference on 29 and 30 October, along with strengthening prevention and ensuring public bodies are equipped to deliver on their duties to address and prevent homelessness.
Maggie Brunjes, chief executive, Homeless Network Scotland said: “As we move into the coldest part of the year, we cannot allow an already bad situation to descend into tragedy. We need local and national government teams to work together quickly and effectively to protect lives by ensuring everyone has a safe place to stay.
“The bar has been set far too low for those at the sharpest end of homelessness this year and we cannot accept this. We need swift action to allocate and target resources to provide people with – at a minimum – somewhere safe to stay while they wait for a settled home.”
The annual homelessness statistics released today by the Scottish Government make for sober reading. And reveal the breach of trust between government and the housing and homelessness sector in Scotland.
The figures reveal a 4% rise in homelessness applications – topping 40,000 households asking their council for help during 2023-24. An 8% rise in live cases nationwide to 31,870 and a 9% rise in people stuck in temporary accommodation – a record high – including more than 10,000 kids waiting for a permanent home. 506 more people experienced the sharpest edge of homelessness, being forced to sleep rough with no roof over their heads at all.
These are not just numbers – they are individuals, families and children being let down in a crisis and diverted to temporary flats, hotels and B&Bs, instead of homes, for months on end.
It is a deeply distressing situation for people affected, as well as for the services and sectors that support people, and the organisations committed to advocating for people and for change.
While the post-pandemic environment and cost-of-living crisis has played a hand, Scotland’s progressive housing policy has been undermined by its own hand and the fiscal policy of both UK and Scottish Governments.
The Scottish Government’s December budget made a hugely damaging £200m cut to the affordable housing supply programme, over and above the reach of the UK Government’s capital budget freeze. It is notable that the quarterly housing statistics also published today showed affordable home approvals were 44% lower than the peak figure in the year to June 2020.
Each and every decision jeopardising housing targets and exposing the progress made towards ending homelessness and rough sleeping in Scotland to new risk. And each and every decision betraying the trust of the sector, ignoring warnings, expert insights and evidence.
Scotland has a housing emergency – it’s time to act like it.
But how? Only with housing and fiscal policy aligned, and a supply of affordable housing in line with demand, will we see the scale of progress we need on the key pillars of Scotland’s progressive homelessness policy – prevention, reducing unsuitable, expensive and temporary accommodation, ensuring childhoods are spent in settled not temporary homes, scaling up Housing First for those at the hardest edge – and ensuring people seeking sanctuary or to settle in Scotland have a safe place to stay.
The statistics show thousands of people are being denied their legal right to housing because the system is operating way beyond capacity. Our progressive housing and homelessness rights are designed to avoid this, but urgently need backed up with adequate investment in homelessness, support and building social homes.
And we need to think big – on matters of land and wealth tax and on the society we want to be.
In the near-term, local authorities need proper funding to discharge their statutory duty properly in the face of intense external pressures. And they need proper investment support to implement rapid rehousing plans. This approach is proven to work – a system that prioritises earlier prevention and ensures stays in temporary accommodation are as brief as possible.
Without these interventions – and without thinking big – these statistics will become entrenched as a predictable yearly roll call of how tens of thousands of people experiencing homelessness are failed year after year in Scotland.
No Wrong Door Scotland partnership launched to create a blueprint for joined-up services that address multiple disadvantage
A major new test of change has been launched to explore how to break down barriers to support faced by tens of thousands of people in Scotland who face multiple disadvantages – with their experience made worse by unequal access to help.
No Wrong Door Scotland will draw on a wide range of professional, academic and lived experience to explore how to better serve people who are dealing simultaneously with issues such as homelessness, poverty, addiction, offending and mental ill health.
Experts in the action learning partnership will address the mismatch of services that focus on a single issue and the overlapping challenges many people face – often as a result of adverse life experiences going back to childhood.
This fragmented model forces people to repeat their story and often relive traumatic events when they go round the different ‘doors’ in the system in search of help.
A National Learning Set of experts who will oversee and contribute to the programme met for the first time in Edinburgh on Monday 16 September.
The two-year programme will wrap a learning cycle around existing services at local level to understand how to deliver No Wrong Door in different geographical and service contexts.
Evidence gathered from the services run by Aberdeen Foyer, Cyrenians, Penumbra and Turning Point Scotland will feed into the National Learning Set, who will develop a National Framework for creating cross-sector and integrated service delivery.
They will share evidence gathered from the test-of-change with the Scottish Government’s Ministerial Oversight Group on Homelessness, to influence a new model of service design. Homeless Network Scotland is the learning partner in No Wrong Door Scotland.
No Wrong Door Scotland is made up of third sector innovators, lived experience experts, policy makers and leading public figures. They include former Scottish Labour leader Kezia Dugdale, now associate director at the Centre for Public Policy at the University of Glasgow; Karyn McCluskey, who helped create the groundbreaking Violence Reduction Unit and is now chief executive of Community Justice Scotland; and leading international scholar on homelessness Professor Suzanne Fitzpatrick.
The partnership builds on findings in the Hard Edges Scotland research co-authored by Prof Fitzpatrick, director of Heriot-Watt University’s Institute for Social Policy, Housing and Equalities Research (I-SPHERE).
That report set out how people who have suffered experiences such as trauma, violence and poverty are much more likely to face multiple and overlapping disadvantage.
But they are also less likely to be able to get the support they need because of services operating in ‘silos’ – fuelling a vicious cycle of disadvantage and inequality.
The Hard Edges research revealed that 5,700 adults experience three ‘core’ forms of severe and multiple disadvantage (homelessness, offending and substance dependency), while 28,800 experience two out of these three.
The four test-of-change services are based in Aberdeen, Dundee, Edinburgh and Fife
Aberdeen Foyer’sservice focuses on upstream work in schools to ensure young people don’t face barriers to support, while Cyrenians’ Hospital In-reach Service supports patients who are at risk of or experiencing homelessness.
Penumbra’s Hope Pointis a 24-hour wellbeing centre that supports people in emotional distress. Turning Point Scotland’s Fife Support Service marries a Housing First model with an innovative Whole System Approach to prevent and respond to homelessness.
Maggie Brunjes, chief executive of Homeless Network Scotland said: “It is well established that the way services are paid for and provided does not work for people who, on top of traumatic life experiences, are also dealing with issues including physical and mental ill health, substance use, homelessness, poverty and offending.
“The current model doesn’t work for anyone. It makes navigating the system difficult for people, it widens disadvantage and inequality, makes key workers’ jobs harder and it mounts pressure on public spend.
“The Scottish Government is already committed to using a No Wrong Door approach across a range of social policy, but we need a shared definition of what this looks like and a national framework to inspire local and national action.
“By using evidence of what is working locally, and what needs to change, we can firmly challenge the status quo and demonstrate that a better way is possible.”
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