This item was published during the term of a previous administration that ended in April 2007
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New rules limit B&B option for homeless
11/11/2004
No child in Scotland should be housed in bed and
breakfast (B&B) accommodation except in an emergency,
Communities Minister Malcolm Chisholm said today.
New rules, coming into force next month, mean that
families and pregnant women who find themselves homeless
can no longer be housed in unsuitable B&B, except in
tightly defined, exceptional circumstances.
Mr Chisholm announced new regulations on the types of
temporary accommodation that councils can use and the
safety and quality standards it must meet.
It states that families should have:
- accommodation suitable for children
- exclusive use of their own room and access to other
rooms
- a private bathroom and access to a kitchen
space
- freedom to come and go 24 hours a day
- accessible health and education facilities
The rules mean that accommodation which does not meet
these standards can only be used in emergency
circumstances, such as when a family presents out of hours
or where there is simply no other accommodation available
in the area. And, crucially, this can only be used for a
maximum period of 14 days.
Mr Chisholm said:
"Everyone deserves a decent home and we've given
homeless people more rights than ever before. People are
quite rightly coming forward and claiming what they are
entitled to.
"Councils have been making good progress since the new
laws were passed and many no longer use B&B for
families with children.
"We do recognise, however, that in some circumstances
B&Bs may be the only realistic option such as in
domestic abuse cases or if it allows children to remain at
their usual school.
"But we still have concerns about children being housed
in unsuitable accommodation while their needs are being
assessed.
"Today we're sending out a clear message that families
with children and pregnant women must be housed in
accommodation which meets proper standards.
"If it doesn't meet these standards then it can only be
used for a maximum period of 14 days, as a last resort and
only when all other housing options have been
exhausted.
"Last year we pledged to end the unnecessary use of
B&B. Today we are acting on that pledge. This is
further progress towards our long term aim of providing a
permanent home to all homeless people by 2012."
In 2001, the Scottish Parliament passed the Housing
(Scotland) Act which placed additional duties on councils
to provide a minimum of temporary accommodation, advice and
assistance to all applicants assessed as homeless.
This came into effect from September 30, 2002. The
Homelessness (Scotland) Act 2003 further strengthened the
rights of homeless people. It allows for priority need to
be expanded so that by 2012 everyone assessed as
unintentionally homeless will be entitled to permanent
accommodation.
The Homelessness Task Force recommended that the
practice of placing households with children in temporary
B&B accommodation be stopped.
The Homelessness (Scotland) Act 2003 strengthened the
Housing (Scotland) Act 1987 which gives local authorities
the duty to provide interim accommodation to people who
apply for homelessness assistance whilst their applications
are being assessed.
It gave Ministers the power to make an order specifying
descriptions of accommodation that may not be used by local
authorities in carrying out this duty.
The new regulations are similar to those set in England
and Wales. However, the time period for use in exceptional
circumstances is six weeks in England and Wales and in
Scotland this will be set at two weeks following
consultation in Scotland.
The Executive committed over £127 million over the three
year period from 2003/04 to 2005/06 specifically for
homelessness. In the Scottish Budget 2004 £152 million has
been allocated to progress this work.