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LEGISLATIVE CHANGE AND GUIDANCE

86. There have been significant changes to homelessness legislation since 1999. The Homelessness (Scotland) Act 2001 ensured that all homeless people are entitled to a minimum of temporary accommodation, alongside advice and assistance to assist in finding more secure accommodation. The 2001 Act also required that local authorities publish homelessness strategies; and that RSLs comply with requests for permanent accommodation.

Priority need

87. The Homelessness etc (Scotland) Act 2003 set the framework for fundamental changes to the eligibility criteria which currently apply to homeless applications. The most significant of these changes is the abolition of the priority need distinction. Local authorities have responded well to the initial expansion of priority need which came into effect in January 2004. As set out previously local authorities currently assess 75% of all households assessed as homeless as having a priority need for accommodation - although this figure varies between 54% and 89% in different areas.

88. Taking account of the current circumstances, it is not felt that a major expansion of priority need categories at a national level should be planned at this time. However it is important that local authorities are given a clear steer as to how the expansion and ultimate abolition of priority need should be taken forward in the medium term. We therefore propose that an administrative target be set - this will not require a change to legislative duties but will set a clear expectation as to the progress expected.

89. We will therefore request that local authorities reduce by 50% the proportion of homeless households which they assess as non-priority over the period to 31 March 2009. This will allow local authorities to progress flexibly taking account of local needs and circumstances. We will expect local authorities to respond to the target through their local homelessness and housing strategies and will consider what additional guidance local authorities might need on the various options open to them to achieve it.

90. Progress towards these targets will be monitored through annual progress reports on homelessness strategies, HL1 data and LHS updates. Outcomes for households assessed as having a priority need will also be monitored closely. As well as checking progress the monitoring process will also ensure that barriers to progress are identified, assessed and responded to.

91. Steps have also been taken towards implementation of the other key changes contained within the 2003 Act - local authorities and other stakeholders have participated in research to inform the modification of local connection provisions and implementation of the new regime of accommodation and support for intentionally homeless households.

Local connection

92. The local connection research has been published and a commitment given to making the legislative changes during 2006 - prior to making these changes the Executive will work with local authorities and other stakeholders to ensure that monitoring processes are in place; and that a statement setting out the criteria for reversing the changes if necessary is consulted upon and published.

Intentionally homeless households

93. Research on the accommodation and support needs of intentionally homeless households has been commissioned and will be published shortly. Further work will then be required to ensure that implementation can proceed - picking up on the consultation on regulations under section 7 of the 2001 Act which was undertaken this year; and on emerging findings from the Breaking the Cycle demonstration projects for example.

94. We also want to ensure that the provisions are implemented in such a way as to be clear as to the relationship between homelessness and anti-social behaviour policy. Several stakeholders have requested greater clarity, particularly around the provision of 'bottom line' accommodation and we will address these issues in guidance on implementation. One option to be considered is how and when local authorities can be said to have discharged their duty to an intentionally homeless household. We need to ensure that whilst individuals are supported they are aware of their responsibilities towards others as well as their rights. Given the various strands of work which will feed into successful implementation these provisions will not be brought into force before 2007.

Guidance

95. We recognise the need to ensure that legislative change is accompanied by clear guidance as to how this should be implemented locally. We are also aware that local authorities would welcome further guidance on some of the existing duties. A good deal of guidance has already been produced - most notably the revised Code of Guidance on Homelessness which was published earlier this year. However it is important that guidance is informed by, and revised in line with the views of, its end users and the Executive would wish to work together with Communities Scotland, local authorities and others on the Awareness Raising and Good Practice Subgroup of the Homelessness Monitoring Group to ensure that further guidance is produced as required. In particular we will consider further guidance on the following issues:

• Allocations (see paragraphs 48-53 );
• Preventing and addressing homelessness amongst households from black and minority households;
• Prevention of homelessness more generally (see further discussion in section on prevention above);
• Discharge of homelessness duties and what constitutes a 'reasonable offer' of accommodation;
• The best interests of children under the homelessness legislation;
• The links between homelessness and anti-social behaviour policies (see paragraph 94); and
• Operation of referrals under section 5 of the 2001 Act (see paragraph 42).

96. The Awareness Raising and Good Practice Subgroup is also overseeing research into knowledge, understanding and views of homelessness amongst service providers to help inform understanding of barriers to effective service delivery.

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