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Helping Homeless People - Delivering the Action Plan for Prevention and Effective Response: Homelessness Monitoring Group Third Report - April 2006 Appendix

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LEGISLATION (Recommendations 3, 4, 5, 24 and 25)

(3) Expansion of priority need

RAG status: Amber

Delivery contact: Homelessness Team, Scottish Executive

Progress to date:

  • Recommendation has been taken forward into legislation via sections 1, 2 and 3 of the Homelessness etc (Scotland) Act 2003. These sections were commenced in January 2004 via S.S.I. 2003/609.
  • Homelessness Monitoring subgroup on 2012 planning established - Spring 2005.
  • Research commissioned from Tribal HCH on abolition of priority need published April 2005.
  • Local authorities requested to provide information on progress against homelessness strategies and to complete pro-forma relating to current and anticipated future levels of homelessness applications, lettings, support needs and wider housing need by end May 2005.
  • Analysis of pro-forma returns completed by Tribal HCH August 2005.
  • Consultation on Ministerial statement - August -October 2005.
  • Three regional seminars for elected Members held September & October 2005.
  • Ministerial Statement on Abolition of Priority Need published 21 December 2005, as required by legislation. Statement is available online at: http://www.scotland.gov.uk/Publications/2005/12/21133010/30107. Technical annex and an analysis of the responses to the consultation have also been published.
  • Statement sets out action which has been, is and will be taken by Executive and local government to abolish priority need by 2012 and sets out interim objectives, including target for local authorities to half the proportion of households assessed as non-priority need by 2009.

Action required & by whom:

  • All partners to take forward action to deliver interim objectives outlined in Ministerial statement.
  • Scottish Executive to issue guidance on options for achieving 2009 target and template for assessing progress.

Key Milestones:

  • Publication of Tribal HCH research on abolition of priority need - April 2005.
  • Ministerial statement on abolition of priority need published December 2005.
  • Local authorities to aim to reduce proportion of non-priority assessments by 50% by 2009.

(4) Revision to operation of intentionality

RAG status: Amber

Delivery contact: Homelessness Team, Scottish Executive

Progress to date:

  • Recommendation has been taken forward into legislation via sections 4, 5 and 6 of the Homelessness etc (Scotland) Act 2003. Sections not yet commenced.
  • Anti-Social Behaviour Unit at the Scottish Executive is funding 3 local authorities to take part in intensive intervention and supervision demonstration models for troubled and troublesome families ("Breaking the Cycle" projects). The Unit is also funding Aberdeen City Council and North Ayrshire Council to take part in information sharing demonstration models around anti-social behaviour. Projects will be operational shortly.
  • Ann Rosengard Associates have been commissioned to carry out research to inform the implementations of sections 4-6 of the 2003 Act.
  • Intentionality subgroup of the Homelessness Monitoring Group established Spring 2005.
  • Ministerial statement on Abolition of Priority Need sets out key issues to be addressed in guidance on implementation of the provisions and gives timetable of not before 2007.

Action required & by whom:

  • HMG to make recommendations as to timetable for implementation of intentionality provisions during 2006, informed by outcome of research project and deliberations of subgroup.
  • Scottish Parliament to commence sections 4, 5, and 6 of 2003 Act.

Key milestones:

  • Research into support needs of homeless families to be published Spring 2006.

(5) Suspension of local connection

RAG status: Amber

Delivery contact: Homelessness Team, Scottish Executive

Progress to date:

  • Recommendation has been taken forward into legislation via section 8 of the Homelessness etc (Scotland) Act 2003. Section not yet commenced.
  • Tribal HCH research on operation of the power to modify local connection rules published in April 2005.
  • Ministerial commitment to suspend local connection in 2006.
  • Review of HL1 commenced - Autumn 2005.

Action required & by whom:

  • Scottish Executive, HMG and Homelessness Stats User Group to ensure that monitoring processes are in place to support the legislative change.
  • Scottish Parliament to commence section 8 of the 2003 Act.
  • Scottish Ministers to consult on and a make statement setting out criteria by reference to which powers under section 8 will be exercised.

Key milestones:

  • Tribal HCH research published April 2005.
  • Consultation on implementation of local connection provisions to commence - Spring 2006.

(24) Court action on repossession orders

RAG status: Green

Delivery contact: Homelessness Team, Scottish Executive

Progress to date:

  • Recommendation has been taken forward into legislation via section 12 of the Homelessness etc (Scotland) Act 2003. Section 12 commenced July 2004 via S.S.I. 2004/288.
  • Guidance to Sheriff Clerks/Deputes issued by Scottish Court Service in June 2004.

Action required & by whom:

  • Monitoring to be considered by Scottish Executive

Key milestones:

  • Section 12 brought into force July 2004.

(25) Requirement to notify local authority of proceedings for possession.

RAG status: Amber

Delivery contact: Homelessness Team, Scottish Executive

Progress to date:

  • Recommendation has been taken forward into legislation via section 11 of the Homelessness etc (Scotland) Act 2003. Section not yet commenced.

Action required & by whom:

  • Scottish Executive to consult on and develop form of notice and how it is to be given (to be prescribed in Regulations).
  • Scottish Executive to develop guidance on action to be taken by local authorities as a result of notification.
  • Scottish Parliament to commence section 11 of 2003 Act.

Key milestones:

  • Scottish Executive to consult on section 11 during Summer 2006.

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Page updated: Wednesday, April 19, 2006