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CHAPTER 1 - INTRODUCTION
1.1 The purpose of this Code is to help guide local
authorities in their duties to homeless and potentially
homeless people. This Code of Guidance replaces the
previous version issued in 2004 and has been updated to
reflect legislative change, notably through the
Homelessness etc (Scotland) Act 2003. Annex A summarises
the main legislative changes to date. The Code also
reflects best working practice in areas such as cooperation
with other parts of local and national government, and
other agencies.
1.2 The Homelessness Task Force established by the
Executive in 1999 published two reports with far-reaching
implications for homelessness policy. Its initial report
1 produced recommendations which were taken forward in
the Housing (Scotland) Act (2001). The final report of the
Homelessness Task Force,
1 published in February 2002, contained 59 further
recommendations "on how homelessness in Scotland can best
be prevented and, where it does occur, tackled
effectively". Five of these recommendations were taken
forward through the Homelessness etc (Scotland) Act 2003.
The remaining recommendations of the Homelessness Task
Force are being taken forward by the Scottish Executive in
partnership with local authorities and others, and the
latest annual report of the Homelessness Monitoring Group
2 sets out progress against each.
1.3 These are far-reaching changes which should be seen
in the context of the full recommendations set out in the
reports of the Homelessness Task Force and in particular
the emphasis now placed on finding solutions to people's
housing and related needs, and preventing homelessness from
occurring, rather than on systems designed to ration
people's entitlement.
Scope of guidance
1.4 Part II of the Housing (Scotland) Act 1987 (as
amended by the 2001 and 2003 Acts) sets out the powers and
duties of local authorities in dealing with applications
from people seeking help on the grounds that they are
homeless or threatened with homelessness.
1.5 Section 37(1) requires local authorities to have
regard to Guidance issued by the Secretary of State in the
exercise of their homelessness functions. This Code
provides such guidance. While local authorities have
discretion to deal with each application on its merits in
making decisions under the 1987 Act, failure to have regard
to the terms of the guidance may give grounds for judicial
review of a local authority's decision. Local authorities
have a statutory responsibility to prevent and alleviate
homelessness. The Code should be used as a supporting
document for local authority staff in carrying out relevant
activities and discharging this responsibility, and should
be seen as a repository of guidance and best practice to
cover different scenarios. To this end the Executive will
aim to update the Code regularly.
1.6 The Code sets out a summary of legislative duties
with supporting explanation and guidance. It is principally
intended for local authority staff dealing with
homelessness policy and responsible for making decisions on
homelessness applications. It should be emphasised,
however, that a local authority's duties towards a homeless
person are corporate in nature and not solely the
responsibility of the housing department. This corporate
approach is a key feature of local homelessness
strategies.
1.7 The Code is also relevant to other agencies and
individuals, including Registered Social Landlords, elected
council members and other council officials as well as to a
range of others involved in tackling homelessness in the
statutory and voluntary sectors.
Regulation and inspection
1.8 The Housing (Scotland) Act 2001 gives Communities
Scotland the role of regulating Registered Social Landlords
(
RSLs) and the landlord, homelessness and
factoring services of local authorities. Communities
Scotland's purpose as a regulator is to promote quality,
continuous improvement and good practice in these services,
for the benefit of current and future tenants, and other
service users. One way it does this is through the
inspection of
RSLs and local authorities. Inspections
provide an in-depth assessment of an organisation, its
service quality and its ability to improve. Communities
Scotland's Guide to Inspection describes how it carries out
inspections.
1.9 Communities Scotland published Performance Standards
with the Convention of Scottish Local Authorities (
CoSLA) and the Scottish Federation of
Housing Associations (
SFHA). These standards set out joint
expectations for the performance of all social landlords
and homelessness functions: there are nine standards on
local authorities' homelessness strategies and their
delivery of services to people who are homeless; and one
standard on
RSLs' duties to help local authorities
discharge their duties to people who are homeless.
1.10 The inspection process is built around an
assessment of how well these standards are being met, and
inspectors will take account of the Code of Guidance when
assessing landlords' performance in meeting the needs of
homeless people.
1.11 The Guide to Inspection, and the Performance
Standards are available on Communities Scotland's website.
3
The future
1.12 Over the coming period it is expected that there
will be a need to update the Code on a regular basis. These
updates will derive from:
further legislative change as the 2003 Act is
fully commenced and its provisions take
effect;
specific additional guidance developed in particular
areas; and
key messages emerging from local authorities'
homelessness strategies as these are implemented.
1.13 The web version of the Code can be found at
http://www.scotland.gov.uk/library5/ housing/cogh-00.asp
and will be updated on an
ad hoc basis. When it is updated, each local
authority will be notified. Hard copy updates of individual
chapters will be supplied at yearly intervals to key
contacts within each organisation.
Definitions
1.14 Throughout the Code,
"the 1987 Act" means the Housing (Scotland) Act
1987;
"the 2001 Act" means the Housing (Scotland) Act 2001;
and
"the 2003 Act" means the Homelessness etc (Scotland) Act
2003.
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