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Code of Guidance on Homelessness

CHAPTER 2 - PREVENTION OF HOMELESSNESS

PREVENTION OF HOMELESSNESS

14. This chapter describes the action to be taken by local authorities to prevent homelessness (a) arising in the first place and (b) recurring.

15. Prevention of homelessness should be a key strategic aim which local authorities and other partners pursue through the local homelessness strategy. All local authority departments and all relevant local agencies should work together to prevent homelessness occurring wherever possible. It is also vitally important that, where homelessness does occur and is being tackled, consideration is given to the factors which may cause repeat homelessness and action taken to prevent homelessness recurring.

16. The Scottish Executive has published guidance on carrying out assessments of homelessness within a local authority and on the development of homelessness strategies. This guidance on assessments emphasises the importance of paying particular attention to the identification of those at risk of homelessness; and the identification of services and provisions which prevent homelessness. The guidance on development of strategies stresses that local authorities should prioritise the prevention of homelessness in this process, and in so doing should identify actions which will make early and effective interventions to support people at risk of becoming homeless.

Advice and information

17. Local authorities have a duty under s.2 of the 2001 Act to secure that advice and information about the prevention of homelessness and any services which may assist in the prevention of homelessness is available free of charge to any person in the authority's area. Guidance on the form and content of this advice and information has been published by the Scottish Executive.

18. Local authorities should take a pro-active approach to the provision of advice and information. Local authorities should therefore publicise information on the services available to homeless people, in ways and places which ensure maximum accessibility. For example publicity via telephone directories, or in telephone kiosks, post offices, rail or bus stations, accident and emergency departments and GP surgeries should be considered as well as the provision of advice in more formal settings such as the offices of voluntary organisations or the local authority.

19. All relevant information should be available online, in relevant minority ethnic languages and should be otherwise accessible to people from black and minority ethnic communities and to disabled people. The aim should be to encourage early approaches by those at risk of homelessness, when their problems may be less serious and therefore easier to tackle.

20. Publicity should:

• make clear the circumstances which would make a person eligible for homelessness assistance
• recognise that there are different types of homelessness;
• take account of the stigma which may be attached to services badged as homelessness services
• take account of the different perceptions of homelessness which may prevail in different communities

21. Voluntary bodies, which may be the first contact for homeless people, are key providers of specialist expertise and services and joint publicity arrangements may be more effective than each body issuing separate publicity for its own services. A communications strategy should therefore be considered as part of the development of the wider homelessness strategy.

Accommodation/advice and assistance

22. Local authorities also have a duty to take reasonable steps to secure that accommodation does not cease to be available for those who are threatened with homelessness unintentionally and in priority need, and to give advice and assistance to others threatened with homelessness.

23. Under section 32(2) of the Housing (Scotland) Act 1987, where a local authority is:

• satisfied that an applicant in priority need is threatened with homelessness (i.e. likely to become homeless within 2 months); and
• satisfied that he or she did not become threatened with homelessness intentionally;

it must take reasonable steps to try to ensure that accommodation does not cease to be available for occupation by the applicant.

24. Section 32(4) provides that the section 32(2) duty does not affect any right of the local authority (under any contract, enactment, or rule of law) to secure vacant possession of accommodation. However local authorities should also bear in mind their strategic responsibility for preventing homelessness, and repeat homelessness, when considering action in any particular case.

25. As is set out more fully in Chapter 9, Section 32(5) excludes from the definition of accommodation, any accommodation which is overcrowded and a danger to health, does not meet any special needs of the household or which it is otherwise not reasonable for the applicant to occupy. Obtaining such accommodation for an applicant, or enabling them to remain in such accommodation, does not fulfil a local authority's duty and a person in this situation would still be homeless.

26. Under section 32(3) local authorities have a duty to provide people threatened with homelessness but not in priority need, or in priority need but threatened with homelessness intentionally, with such advice and assistance as is appropriate in the circumstances to support attempts by the applicant to secure that accommodation does not cease to be available for his or her occupation. See chapter 10 for further guidance on the provision of advice and assistance.

27. The accommodation obtained for a person threatened with homelessness need not be his or her existing accommodation, although in practice this will often be the best option; assuming that it is reasonable for the applicant to continue to occupy it. If the local authority concludes that the loss of the applicant's present accommodation cannot be avoided, it should consider what duties it would have towards him or her if the person becomes homeless and act quickly to prevent homelessness - and particularly rooflessness - actually occurring. In either case, local authorities should intervene as early as possible.

28. As part of their assessment of the causes and nature of homelessness in their area, and the subsequent development of strategies, local authorities and their partners should identify and focus on actions which can be taken to prevent homelessness amongst particularly vulnerable groups. Service providers should also be aware that these households may also be susceptible to repeat homelessness and that therefore sustained support may be required alongside resolving accommodation issues.

29. Particular circumstances, such as the loss of tied accommodation, may be particularly relevant in some local authorities but some common causes of homelessness are set out below:

Relationship breakdown

30. Many people become homeless due to the breakdown of family relationships - e.g. divorce, separation or disagreements between siblings or parents and offspring. Such a domestic dispute may come to a local authority's attention in a number of ways and many cases intervention to prevent the break up of the household may not be appropriate. However the authority should always act to ensure that long periods of homelessness, and in particular rooflessness, are avoided. Where allegations of abuse are involved it would be wholly inappropriate for the authority or another agency to intervene to keep the household together and such an intervention may in fact lead to an exacerbation of the situation. In particular the alleged perpetrator of violence should not be approached for a view. Service providers should, however, consider whether the person who has experienced abuse would find it helpful to keep in touch with other close relatives or friends and the implications for the provision of accommodation and services.

31. Advice may be required by a member of the household on, for example, his or her rights under the Matrimonial Homes (Family Protection) (Scotland) Act 1981. However exercising these rights should not be made a condition of access to services. It may also be useful to ask a relevant voluntary body, such as a Women's Aid group in the case of domestic abuse, or the social work department, to help in appropriate circumstances, and particularly if there are children in the household.

32. Particular problems may arise in the case of older people, for example where the person has been dependent on their spouse for the house or to handle financial affairs. Such help, for example counselling or basic housing support, may be required urgently. If appropriate, and requested by both parties, assistance should be directed towards relieving tension within the household so as to enable the household to continue to live together.

33. If the local authority is satisfied that the situation warrants making accommodation available, its agreement to secure another house within a definite period of time may be preferable to transferring those involved into some interim short-term accommodation while more lasting arrangements are established. However, local authorities must not put pressure on people to remain in or return to their previous houses if that would cause distress. In particular, when a person is seeking refuge because of a fear of abuse there will be an immediate need for rehousing.

34. A local authority can use its powers under paragraph 16 of Schedule 3 to the 1987 Act to transfer a tenancy to a spouse or former spouse of a tenant, or someone who has been living with the tenant as husband or wife, if he or she applies for such a transfer because of a relationship breakdown. However, the powers under that paragraph can only be used where the sheriff is satisfied that it is reasonable to evict the tenant and that other accommodation is available for the tenant (Section 48(2)(c) of the 1987 Act). Temporary accommodation may be needed for the person receiving the tenancy until the other person leaves. For the avoidance of doubt, the person leaving should be asked to renounce any occupancy rights under the Matrimonial Homes (Family Protection) (Scotland) Act 1981. Particularly when children or other dependants remain with the applicant, such a transfer can minimise any resulting homelessness.

35. In other cases it may be possible for the authority or another service provide to intervene to prevent family breakdown and resulting homelessness. Local authorities should consider whether it is appropriate for them or another agency to provide relationship counselling or mediation services. It may also be appropriate to consider other forms of support - such as drug or alcohol counselling - where these may help to resolve underlying tensions. However, as noted above, the provision of support should never be an alternative to rehousing where there is a risk of abuse.

Leaving institutions

36. People may become homeless on leaving

• hospital
• prison
• the armed forces
• local authority care.

37. In order to prevent this, close links between local authority departments, hospitals, primary care and community health services, prisons and the armed forces should be established locally as part of the development of the homelessness strategy.

38. Discharge protocols should be in place, including provision for the involvement of all relevant agencies in pre-discharge assessments and the formulation of any through-care and after-care plans. Such protocols should be developed within the framework of the local homelessness strategy.

39. Local authorities and other agencies should note the following points:

• Pre-discharge discussions are vital, particularly where individuals may be reluctant to reveal housing difficulties for fear these could delay their discharge.
• Advance planning will be required to ensure accommodation is available, in some cases planning will require to take place several years in advance where new accommodation has to be provided, particularly specialist accommodation.
• Even where accommodation is already available, it will be necessary in some cases to check that this is still suitable (for example for a person who has become physically disabled) or that support services are in place (for example for a discharged psychiatric patient). In some cases, it will also be necessary to check the availability of move-on accommodation which the discharged person may need at a later date because of likely changes in his or her condition after discharge; and always where discharge accommodation is only available for a limited period.
• In certain cases, a community care needs assessment will be required. (see paragraphs 161-166 in Chapter 4)
• In all cases, it will be important to establish early on in which area the person wishes to live. People may not have a local connection with the area in which an institution is located. Even if they do, it may be better for them to return to the area where they lived previously
• Care plans should provide for the position to be reassessed if a tenancy is in danger of not being sustained, (particularly if this is due to part of the care package not being delivered).
• Difficulties in dealing direct with a person at risk of homelessness, for example because he or she is living in a long stay hospital or other institution or serving with the armed forces some distance from the local authority, should not prevent their receiving the assistance to which they are entitled under homelessness legislation, or under other legislation such as the Mental Health (Care and Treatment) Scotland Act 2003.

Leaving hospital

40. Local authorities should liaise closely with Health Boards and individual hospitals in order to develop discharge protocols. Sections 53 and 57 of the Adults with Incapacity (Scotland) Act 2000 provide for welfare and/or financial intervention and guardianship orders to enable decisions to be made about the personal welfare, including health, and the management of property and financial affairs for adults whose capacity to do so is impaired. The Act imposes a duty on local authorities to apply for an order under these sections where is appears that an order is necessary and no application has or is likely to be made.

41. Arrangements for accommodation in the community should be made as quickly as possible, to prevent people being kept inappropriately in hospital.

Leaving prison

42. Many prisoners do not have secure accommodation available on their release, making it less easy for them to integrate successfully into the community and increasing the risks of both homelessness and re-offending. Local authorities should therefore work together with prisons, social work departments and voluntary organisations to put in place measures to prevent people becoming homeless on release from prison.

43. Particular difficulties may arise when an offender is detained for more than the 13 week period for which he or she is entitled to housing benefit while detained, although local authorities should explore alternative arrangements with their local benefits agencies. As a minimum people in this position should be warned of the possibility of the cessation of housing benefit, and the need to consider their future housing situation.

44. Local authorities should also should consider, for prisoners previously living in local authority housing, such possibilities as allowing them to sublet their house during their sentence, or coming to an agreement under which they give up their present tenancy but are given an equivalent house on release. Naturally, such arrangements may not be appropriate if the prisoner has a family living with him or her who would be affected by such a change, or it would be undesirable for the prisoner to return to their home area on release. However these arrangements can be of benefit not only to the tenant but also to the authority in terms of reducing rent arrears and avoiding abandonments.

45. Social work departments have access to a limited amount of accommodation for those who are released from custody or subject to supervision as part of a court order. Priority is given to those who are subject to a condition of residence imposed by the courts or Parole Board or the Secretary of State, as social work departments have a duty to supervise these orders.

46. Local authorities should work closely with prisons in their area in order to ensure that prisoners approaching release are fully aware of their housing options and are given as much assistance as possible in securing accommodation, in order to ensure they do not become homeless on release. Housing advice services are now available throughout the Scottish prison estate and local authorities should do as much as possible to assist these services and make connections to services in the community. Where necessary to avoid homelessness on release, local authorities should also consider whether homelessness assessments could be carried out prior to release, either by local authority staff based in the prison on a fixed or visiting basis or by prison-based staff on behalf of the local authority.

47. Local authorities should also be aware that prisoners currently held in other areas might also wish to make an application to them on release. They should therefore consider the need to liaise with all Scottish prisons and establish a first point of contact in these circumstances.

48. Local authorities and other agencies should also consider the need to ensure that a prisoner's possessions are secure during their sentence. People leaving prison often find it very difficult to re-establish themselves in the community and this can be exacerbated where they have lost all their possessions.

49. For further information on prison-based housing advice services please contact Tony McNulty, Social Care Adviser, Scottish Prison Service, Calton House, 5 Redheughs Rigg, EH12 9HW.

Leaving care

50. Many children and young people previously looked after by a local authority are particularly vulnerable and need support. Local authorities' duties and powers to provide for this group are set out in the Children (Scotland) Act 1995. Local authorities have a duty to make the welfare of the child their paramount consideration when making a decision relating to a child being looked after under the 1995 Act.

51. Scottish Executive guidance published in March 2004 makes clear that local authorities have a role as a corporate parent to these young people, particularly those who cannot return to their families. This means that the local authority should look after these children as any other parents would look after their own children. The approach taken should therefore reflect the fact that the provision of care and support for young people by their parents does not generally cease at a particular age and may continue long after a young person has reached adulthood; and adapts to meet the changing needs of the young person as they develop.

52. It is crucial that housing, social work and other departments work together in exercising their respective functions in relation to young people being looked after, or previously looked after, and children in need under the 1995 Act. This applies during the time when the young person is being looked after, when they are approaching when they cease to be looked after and in the transition to independent living. Local authorities should have regard to the guidance referred to above - "Supporting Young People Leaving Care in Scotland: Regulations and Guidance on Services for Young People Looked After by Local Authorities".

53. This contains guidance on the following areas:

• The principles which should guide the provision of throughcare and aftercare of these young people
• The legal framework
• Involvement of young people
• Categories of young people to be supported
• Responsible Local Authority
• Assessing the needs of young people and pathway planning
• Pathway co-ordinator and young person's supporter
• Manner in which financial assistance is to be provided
• Accommodation
• Right to appeal and make complaints
• Information gathering and sharing

54. Although the legal duties set out in this guidance only apply to young people looked after on or after their 16th birthday, local authorities should adopt a flexible approach which takes account of their broader duties to prevent homelessness and the need to find sustainable approaches when considering other cases. Local authorities should also take a corporate responsibility for ensuring that regular checks are made on the housing circumstances of those who have left care for at least two years after they do so. The emphasis should be on sustaining housing arrangements which meet the needs of the individual or on providing constructive arrangements where they do not. Contingency arrangements should also be put in place in case of emergencies - and careleavers should be aware of these arrangements.

55. In no circumstances should children leave the care of a local authority without alternative accommodation being in place. In no circumstances should children have to be taken into care purely as a result of their household becoming homeless. Under section 19 of the 1995 Act, housing and social work departments have a duty to co-operate on Children's Services Plans. These should also be clearly linked to local homelessness strategies.

Leaving the armed forces

56. While members of the armed forces may not establish a local connection through the fact of their service in the area, the household may establish a local connection in other ways - for example their children may be at school there. In other cases the most sustainable solution may be for a person who has served in the armed forces to return to an area where they lived previously, even if this was some years ago. Therefore, applications for housing from those serving with the armed forces who are due for discharge, or from former wives of service personnel who are required to vacate married quarters, should be treated sympathetically, even if they have not established a local connection, in line with the guidance contained in Circular, Env 26/1993 - Housing for People Leaving the Armed forces.

57. Where people leaving the armed forces are in a position where their licence to occupy service accommodation is due to expire and they have no other accommodation they should be regarded as being threatened with homelessness. Local authorities should be aware of certificates of cessation of entitlement to occupy service accommodation which may be forwarded by the applicant several months in advance of an individual or family leaving service accommodation, in order to allow early action to be taken to prevent homelessness occurring. However the absence of such a form should not lead to an assumption that the applicant is not threatened with homelessness or homeless on application to the local authority, and presentation of a certificate is not a condition of receiving assistance.

58. Local authorities should also consider forming links with veterans' benevolent and charitable organisations in their area, in order that they are aware of the particular issues facing people who have left the armed forces, and the range of assistance that is available.

Landlord action and court orders.

59. Many people become homeless as a direct result of eviction from a tenancy or otherwise losing their right to occupy a property. Many of these situations arise as a result of rent arrears, with fewer attributable to anti-social behaviour. In many cases, sensitive housing management policies and early identification of tenants in difficulty may enable the local authority to take appropriate measures to remedy the breach of tenancy and thus prevent an eviction, which should be a last resort. Through the local homelessness strategy, the local authority and other local agencies, should provide for specific concentrated support programmes for people threatened with eviction. Such programmes should include the provision of independent advice and representation where appropriate.

60. Scottish Executive guidance on the development of homelessness strategies emphasises that local authorities should work with other local landlords in conducting reviews of arrears management and anti-social behaviour policies in order to ensure that these do not lead to unnecessary or avoidable homelessness. Local authorities should also take a corporate approach to tackling rent arrears and anti-social behaviour in such a way as to avoid homelessness where possible. Relevant individuals and departments should ensure that policies are coherent and should consider the development of protocols to cover cases where there may be a perceived conflict.

Rent arrears

61. General guidance on dealing with rent arrears was set out in Good Practice Note 2 Rent Arrears Management (March 1994). Relevant points are summarised below.

62. Local authorities should do all they can to prevent arrears arising and to recover them when they do. The help available to tenants through housing benefit and other social security benefits should enable all tenants to meet their financial obligations to the local authority.

63. There have been adverse comments by the judiciary about the practice of some housing managers of raising actions for repossession on the grounds of rent arrears, and then seeking to suspend operation of an order for eviction provided that the tenant makes payment of the arrears by agreed instalments. One effect is to remove the possibility of the courts making a time to pay direction.

64. The lower the level of debt, the more likely the local authority is to recover the arrears. So it is important for a local authority to identify difficulties quickly and to arrange to discuss matters with tenants. Reliance solely on routine procedures (such as successive computer-produced letters) is less likely to secure the results desired. Most arrears appear to arise through accidents of circumstance, or because tenants get into difficulty with the general management of their affairs. If that is what has happened, early personal contact may prevent more acute difficulties later. If tenants are wilfully refusing to pay rent (although able to do so) early action by local authorities can help to avoid the accumulation of large debts, and improve the chances of a tenant bringing his or her affairs into proper order. Some tenants will need general financial advice, perhaps from a specialist agency, and arrears letters should draw tenants' attention to sources of independent advice.

65. Some of the measures by which local authorities have been able to control rent arrears are set out below. They are commended to all local authorities.

• Prospective tenants should be made fully aware of the commitment they are taking on, not only for rent but for council tax, electricity, gas and any extra payments for such things as common services.
• Missed payments, as well as the total of a tenant's outstanding debts, may give an early warning of difficulties ahead, and enable special arrangements to be made for rent collection, including direct payments of housing benefit to the landlord.
• There should be protocols for obtaining social work advice, if and when it is appropriate, including safeguards for confidentiality of client information.
• It is important to check that the tenant is receiving all benefits payments to which he or she is entitled. If applicants are not receiving their entitlement in full, they should be advised to apply immediately and given assistance to do; and thereafter priority should be given to such applications. Delays in processing housing benefit claims can cause rent arrears or exacerbate tenants' problems in dealing with rent arrears. It should also be noted that s12 of the Homelessness etc (Scotland) Act 2003 requires that courts take into account delays or failures in housing benefit administration when deciding whether to grant a repossession order. This section is not yet in force.
• Tenants who get into difficulties should be encouraged to approach housing department staff for advice.
• Following up rent arrears vigorously, including selective visiting, may avoid the debt getting out of hand.

66. A local authority may still have duties to a tenant evicted for rent arrears if he or she applies under the homelessness legislation. However, if the arrears were deliberately built up by the tenant, in full knowledge of the consequences, he or she may be held to be intentionally homeless (but each case must be judged on its individual merits). (See Chapter 7.)

Anti-social behaviour

67. There are a variety of methods which can be used to deal with such anti-social residents, such as

• proactive action to manage neighbour disputes and tackle harassment
• mediation services
• use of acceptable behaviour contracts
• intensive supervision and support
• legal remedies such as anti-social behaviour orders (including interim orders)
• probationary tenancies with support.

68. Guidance on the options available was issued by The Scottish Office in November 1998 (Circular 16: Housing and Neighbour Problems). This deals extensively with the handling of disputes between neighbours, discusses the powers available and the appropriate procedures, and lists many examples of good practice. In 2003 the Scottish Executive published "Not Reinventing the Wheel - A Directory of Current Practice in Tackling Anti-Social Behaviour by Scottish Local Authorities" .

69. The Housing (Scotland) Act 2001 gives social landlords the power to give a 'probationary tenancy' to people who have been evicted for anti-social behaviour (in any part of the UK and from any tenure). This can also be offered to tenants where they are subject to an ASBO. These probationary tenancies convert automatically to a full Scottish Secure Tenancy (SST) after 12 months, if there had been no repetition of anti-social conduct. If there has been bad behaviour the tenancy can be ended without recourse to court. In both cases the landlord must provide support to tenants to help them sustain the tenancy and convert to a full SST.

70. This has a double effect. Firstly, it allows tenants with anti-social tendencies to receive support to enable them to sustain a tenancy in a responsible manner and to convert to a full Scottish secure tenancy after a probationary period of up to twelve months. Secondly, it enables landlords to downgrade a tenancy from the full Scottish secure tenancy for tenants who are anti-social, thereby making it easier for the landlord to end the tenancy, as a last resort, should the anti-social behaviour continue.

71. It is important that those requiring community care or other support, for example, because of mental health problems, are referred for assessment rather than being the subject only of punitive sanctions. Referrals to local community mental health services may be appropriate in some cases.

72. Guidance on the use of probationary tenancies can be found in SEDD Circular 6/2002: Housing (Scotland) Act 2001: Scottish Secure and Scottish Short Secure Tenancy.

73. Anti-social behaviour which could lead to eviction is not of course confined to local authority tenants, or indeed social housing. Local authorities may wish to arrange for private sector landlords, housing associations and the police to be aware of what support or intervention can be offered by social work or housing departments or other agencies to deal with other tenures.

Harassment/illegal eviction

74. If a tenant gives up a tenancy because of harassment or illegal eviction, the courts may award damages. Where there is evidence of harassment the local authority should encourage the tenant to report this to the police. Harassment is a criminal offence under section 22 of the Rent (Scotland) Act 1984. It is widely defined and, besides violence or intimidation, could include cutting off gas and electricity supplies or failure to carry out or complete necessary repairs. Further information is available from The Scottish Executive booklets Help for Homeless People and Protection against Harassment and Unlawful Eviction. Local authorities should refer those affected by illegal evictions or harassment to sources of advice and support which will help those affected to take appropriate action.

75. Under s11 of the 2003 Act the local authority should be notified when a landlord raises proceedings for possession - Ministers have the power to prescribe the form of notice to be used and the manner in which they should be given. This section of the Act is not yet in force - however local authorities should consider the following guidance in order to make preparations for commencement.

76. On receiving notification, the local authority should take as pro-active an approach as possible to prevent homelessness occurring. For instance it may be appropriate for the authority to make initial contact with all households involved, and to make more concerted efforts where the household involved is already known to the homelessness service. Authorities may wish to offer to negotiate with the landlord on the tenant's behalf, or to arrange for the provision of housing support services, advocacy or other services as relevant to the particular case. The local authority should also consider ways in which this information can be used to monitor local allocation policies and the effectiveness of initial solutions to homelessness and can otherwise feed into the development and review of their homelessness strategy.

Mortgage to Rent

77. If a house owner is threatened with homelessness because the mortgage lender is taking legal action to repossess the house, help may be available under the Mortgage to Rent scheme. To be eligible under the scheme the owner must have sought financial advice and be unable to 'trade down' to a cheaper house in the locality. There must also be a good reason why the household should remain in the local area. An owner who satisfies these and other conditions of the scheme can apply for a social landlord to buy the house, with the owner becoming the tenant. The purchase would be subsidised from Scottish Executive funds to allow any necessary repairs to be carried out and to allow the landlord to keep the rent at an affordable level. The scheme is administered by the Mortgage to Rent scheme team in Communities Scotland, who can provide further information. The team can be contacted on 0131 479 5188 or by e-mail at mortgagetorent@communitiesscotland.gov.uk

Prevention of recurrence of homelessness

78. While the actions discussed so far in this chapter may prevent homelessness arising in many cases, local authorities cannot hope to succeed in all cases. Equal attention should therefore be given to ensuring that homelessness - and in particular rooflessness - does not recur, as this can be extremely harmful for the individuals involved and is also expensive in terms of public resources. The assessment of the causes of homelessness within the authority will help to pinpoint local priorities for action.

79. In considering resettlement, local authorities and partner agencies should bear in mind the key principles set out by the Homelessness Task Force:

• Solutions to homelessness should be based on a thorough assessment of the household's needs, including support needs. The specific needs of families with children should not be overlooked.
• The objective should always be to find sustainable solutions which enable homeless people to be reintegrated back into the community and which are likely to last in the longer term.
• Joint working is crucial in addressing complex or multiple needs.

Provision of social work advice and assistance/community care and other support issues

80. In addition to a general duty to promote social welfare in making available advice, guidance and assistance, social work departments have an emergency power under section 12 of the Social Work (Scotland) Act 1968 to assist persons in need in certain circumstances. Section 12 enables local authorities to give cash to, or in respect of, any person aged at least 18 years who is in need within the meaning of the Act, and requiring assistance in exceptional circumstances constituting an emergency, and where to do so would be more cost effective than giving assistance in another form. Local authorities should have regard to other means of assistance available to the person in need, and to whether any assistance given should be repaid.

81. Section 140 of the Local Government Etc. (Scotland) Act 1994 gives local authorities discretionary powers to assist voluntary organisations to provide for individuals. This can also include assistance in asserting these rights or fulfiling these obligations, either by making or receiving communications on the clients behalf, or by making representations.

82. While homeless people as such are not a community care client group, homelessness officers should be alert to the possibility that some will require community care, health, or other support, to live successfully in the community; and refer them to the appropriate agency. Such referrals should be covered by protocols established as the homelessness strategy is developed. Support packages must cater for the individual needs of each household - and service providers should enter into a dialogue with the recipient of services to agree to the adjustment of support levels over time. In some cases a formal community care assessment will be required. See also paragraphs 161-166 in Chapter 4.

Independent living skills

83. Some homeless people, particularly young people or those having spent substantial periods sleeping rough or in temporary or institutional accommodation, may need to learn or relearn basic independent living skills, including budgeting, if they are to sustain their tenancy. In such cases provision of services to teach these skills by the local authority, or voluntary or other organisations, will be a cost effective investment.

84. Homelessness officers should ensure that applicants placed in accommodation have advice on the running costs of that accommodation, including the full costs of running that property (heating and lighting costs, repairs and maintenance liabilities, service charges, and any initial costs such as rent deposits or rent in advance) and advice on meeting these costs, including advice on any housing or other benefits to which they may be entitled. Travel costs to employment, education, or training may also be relevant in some cases.

Location and support networks

85. In considering rehousing, local authorities and housing associations should recognise the importance of ensuring that tenancies are unlikely to be sustained if people feel isolated from friends, relatives, and other formal or informal support networks. Problems may also be caused if accommodation is located too far from their employment, or education or training establishments, or health services which are used continuously.

86. Where individuals do not have any social networks, local authorities should consider whether a befriending or mentoring service may be appropriate. A national co-ordination role in relation to mediation, mentoring and be-friending services for homeless people has been established at the Rock Trust (contact details).

Furniture

87. Some homeless people, including those made homeless from furnished accommodation, may have little or no furniture of their own. Roofless people in particular may lack such basic necessities as pots and pans. One solution is to provide furnished tenancies, either within the local authority's own stock or by arrangements with private or public sector providers.

88. Communities Scotland runs a furnished tenancies scheme to which local authorities can apply for assistance with costs for 'essential goods' such as cookers and fridges. Local authorities can provide grants to the housing providers of their choice. These are for permanent or temporary accommodation and the furnished tenancies and all homeless people are eligible. Local authorities may find these grants particularly useful in situations where homeless people are ineligible to access grants for furniture from the benefits system.

89. The guidance for the furniture tenancy scheme advises service providers to utilise local furniture recycling projects in order to establish furnished tenancies or to help people who are resettling from homelessness to source specific items of furniture. A national furniture co-ordinator is in place, based at Community Re-cycling Network Scotland - further details from Linsay Chalmers on 0131 226 6666 or at www.morethanfurniture.org.uk

Rent deposit/guarantee schemes

90. In order to maximise access to the private rented sector, every local authority should ensure that people at risk of homelessness or those resettling from homelessness can access a local rent guarantee/deposit scheme. Access to the scheme should be provided as early as possible and local authorities should consider marketing the scheme in such a way as to ensure that the potential for early involvement is maximised . Authorities should also satisfy themselves that the applicant has the means to continuing making rental payments once they have gained access to accommodation. Local authorities may wish to contact the National Rent Deposit Forum for further details ( www.nrdf.org.uk ).

Employment

91. For many people resettling from homelessness a job will be an important factor in determining whether or not accommodation is sustained. Local authorities and partners should therefore consider whether any members of the household require assistance to maintain or find employment. For homeless people who have complex needs, or who have been homeless or roofless for a significant length of time, pre-vocational support will be essential. Indeed pushing vulnerable individuals into employment may be counter-productive.

92. Local authorities should ensure that they have close links with local offices of the Benefits Agency and Jobcentre Plus and also with the local enterprise company and careers services, as well as with local businesses and voluntary organisations who may be able to offer employment, training or pre-vocational activity.

93. For further information and advice local authorities should contact the Scottish Homelessness and Employability Network ( www.shen-scotland.org ).

Health

94. Unmet health needs may interfere with an individual's ability to sustain accommodation. Local authorities should record information about the GP registration of all those who are assessed as homeless and should offer information about local health services to homeless people rehoused outwith their existing GP area. Local authorities should also maintain close links with local healthcare providers - further information on health and homelessness issues can be accessed at www.show.scot.nhs.uk/sehd/healthandhomelessness

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