The Scottish Government

« Previous | Contents | Next »

Listen

Chapter Two Policy Context

2.1. When considering the policy background that underlies housing options available to older people, it is necessary to consider both explicit housing policy as well as wider policy initiatives that affect the choices available to older people, such as developments in community care. This chapter will therefore first consider explicit housing policy, and then go on to discuss some wider policy issues.

2.2. Housing policy can be categorised using the different sectors of the housing system to which it applies (Gibb, K, 2004). The Scottish housing 'system' has three distinct sectors - owner-occupied housing (64% of the market), private rented housing (7% of the market), and social rented housing (including housing stock rented from Registered Social Landlords (' RSLs') and Local Authorities, which represents the remaining 29% of the market)(Scottish Parliament, 2003a). This overview of Scottish Housing Policy will follow that typology, beginning with a review of the legislative framework that has been put in place since 1980 and which forms the backbone of current Scottish housing policy.

Housing Policy

2.3. The Tenants' Rights, Etc (Scotland) Act 1980 was the first Act to herald a sea-change in Scottish housing policy by giving secure tenants in local authority and public sector housing the right to buy their own homes. The Civic Government (Scotland) Act 1982 then made registration of Houses of Multiple Occupancy (' HMOs') and licensing of their landlords mandatory in all sectors of the rented housing market. This was closely followed by the Rent (Scotland) Act 1984 which facilitated control of rents and security of tenure in the private rented housing market.

2.4. These pieces of legislation were then consolidated into the Housing (Scotland) Act 1987 which contained a number of significant provisions relating to housing policy, including updating existing and placing new responsibilities on local authorities regarding:

• management of their housing stock
• housing finance
• regulation of rents
• allocation of housing to vulnerable groups
• the Tolerable Standard
• the power to transfer ownership and management of public sector housing, and
• provisions relating to overcrowding

2.5. It also set out the rights of secure tenants, including rights of succession to a tenancy when a family member dies, and the right to have a written lease. The Act also gave powers to local authorities so that they could set up registration schemes for HMOs, and powers to distribute improvement and repair grants and deal with individual houses and housing areas.

2.6. It was amended by the Housing (Scotland) Act 1988, which made changes to the rules governing the transfer of ownership and management of public sector housing, giving tenants affected by such a proposed transfer the right to reject the application. The Act also deregulated the Scottish private rental market, and introduced two new forms of tenancy, the assured tenancy and short assured tenancy, which gave tenants more substantial security of tenure than they had previously, although this benefit was offset by deregulating rents. This Act also set up 'Scottish Homes' as a Non-Departmental Public Body (' NDPB') with specific responsibility for improving the quality of housing and increasing the number of housing options in Scotland.

2.7. The 1990s were marked by a noticeable absence of new legislation in the field of housing policy, but early in the new millennium the Housing (Scotland) Act 2001 transferred the functions of Scottish Homes to a new body - Communities Scotland - which was established as an Executive Agency. The Act also provided local authorities with a range of new powers and responsibilities relating to the adoption of a wider, more strategic and enabling role in respect of housing in their area, and introduced details of the arrangements for a single framework of regulation for both local authorities and RSLs. In relation to tenants rights, it introduced a new 'Scottish Secured Tenancy' for tenants of local authorities and RSLs, extended the right to buy with some exceptions to housing associations and RSLs (Scottish Executive, 2002a; Scottish Parliament, 2005a), and amended the Tolerable Standard and repair grant scheme. The Act won the Housing Rights Protector Award from the Centre of Housing Rights and Evictions ( COHRE) as an example of legislation that protects human rights and safeguards human dignity (Scottish Parliament, 2005b).

2.8. Also in 2001, the Mortgage Rights (Scotland) Act 2001 made provision for Scottish courts to take into consideration evidence regarding a debtor's circumstances when a mortgage lender brings an action for repossession. It also allows the court to decide whether the order should be delayed so as to give the debtor more time to pay their arrears or to find alternative accommodation.

Social Rented Housing

2.9. The Scottish Executive exercises its policy on social rented housing for the most part through Communities Scotland, an Executive Agency. In delivering the policy objectives of Scottish Ministers, Communities Scotland has specific responsibility for housing investment and planning, and for regulation and inspection, both of which sit alongside a wider remit in the Regeneration of local communities (Communities Scotland, 2001).

2.10. In its housing investment work, Communities Scotland provides funding to RSLs and other providers of social rented housing for the development of this type of housing stock throughout Scotland. The funding takes the form of grants to assist funding of new homes or to make improvements to existing homes. A proportion of this grant funding is earmarked for housing provision for community care groups (Joint Improvement Team, 2006). This change in policy toward ringfenced grant funding has been considered by some as indicative of a clear policy drive to reduce the amount of general housing subsidy from central government, which has led to increases in both rents and in the funding required for housing benefit (Gibb et al, 1999).

2.11. The legislative framework for dealing with homelessness in Scotland is contained in the Housing (Scotland) Act 2001 and the Homelessness etc (Scotland) Act 2003. These Acts place the responsibility for dealing with homelessness on local authorities - they have given local authorities a key role in developing local strategies to tackle homelessness, and in providing advice and assistance and assessing homeless applications. The legislation currently contains provision for local authorities to test whether a person is in 'priority need' ( e.g. a person who is vulnerable by virtue of old age) in order to prioritise the allocation of housing to homeless people. However, authorities are required to work towards eliminating the priority need distinction by 2012, by which time all households assessed as unintentionally homeless will be entitled to permanent housing (Scottish Executive, 2005b).

2.12. The community ownership programme remains high on the national policy agenda. Three local authorities have transferred their stock, and a group has been established, chaired by the Deputy Communities Minister, to move the Glasgow second stage transfers forward. Argyll & Bute have voted for transfer, while a number of other local authorities remain on the programme working towards transfer.

2.13. Standards in housing are also an important policy issue, cutting across all sectors of the housing 'market' in Scotland. The basic standard for housing provsion is the 'Tolerable Standard' as introduced by the Housing (Scotland) Act 1969. This was updated in the Housing (Scotland) Act 1987, and has since been supplemented in Scotland by a cross-tenure Scottish Housing Quality Standard, as announced on 4 February 2004 by the Minister for Communities (Communities Scotland, 2004).

2.14. There is further provision on housing standards in the private rented sector in the form of the statutory and common law obligations on landlords to maintain their properties in a habitable condition and maintain the structure and exterior in repair (Scottish Executive, 2003a). The Tenements (Scotland) Act 2004 has also been introduced with the aim of creating a fair system of shared responsibility for maintenance of tenement buildings, and a system for management of tenements where this is not set out in the title deeds to the property (Chartered Institute of Housing in Scotland, 2005).

Owner-Occupied and Private Rented Housing

2.15. Owner-occupied housing takes two primary forms in Scotland - non-sheltered and sheltered housing. Research carried out by the Executive in 2004 identified in the region of 6,200 owner-occupied sheltered housing units in Scotland, which led them to conclude that this is clearly a housing option that many older people prefer (Scottish Executive, 2003b). There is also a clear policy intent to support the choice of older people to stay in their own homes, whether or not they are in sheltered housing, or property rented from a private landlord, as evidenced by the Scottish Executive funded Care and Repair Schemes that are in place in 31 out of 32 local authorities (Scottish Executive, 2001a).

Homes for Scotland's people

2.16. Against the backdrop of the legislative framework and other housing policy developments outlined above, the current Scottish Executive Housing Policy is described in their 2005 publication 'Homes for Scotland's People: A Scottish Housing Policy Statement' (Scottish Executive, 2005c). While it does not give specific consideration to the housing choices available to older people, this policy outlines a commitment to ensuring that all people living in Scotland have access to good quality, warm and affordable housing.

2.17. More specifically, the policy outlines a vision of achieving five key themes:

• Enough housing of the right type in the right place
• Quality homes for those who rent
• Opportunity for those who want to own their own homes
• Help for those who need it and assistance to avoid homelessness
• Strong, safe and attractive communities

Wider Policy Developments

2.18. In addition to the Executive's explicit housing policy, there are a number of other recent policy developments that are relevant to the housing options available to older people.

Developments in Community Care

2.19. Developments in Community Care and the introduction of Supporting People and direct payment mechanisms have had a significant impact on the range and flexibility of housing support that can be provided. The main aim of Community Care policy in Scotland is to enable people to remain in their own home, or in a homely environment, for as long as possible (Scottish Executive, 2005d). This has led to an increase in provision of health care in the community, and the delivery of complex care packages to people in their homes.

2.20. This policy shift away from provision of care in institutional or NHS facilities has been bolstered by various NHS policies, including the Kerr Report ( NHS Scotland, 2005) and the Executive's response thereto (Scottish Executive, 2005e), which made it clear that the National Framework for Service Change outlined in the Kerr Report has been accepted as the basis for future planning. Furthermore, the Community Care Act (1993) has resulted in active participation of service users and carers in decisions about care, and 'service user-led' organisations delivering community care have multiplied (Scottish Executive, 2004c).

2.21. The Supporting People programme in particular has been designed with the specific intention of providing housing-related support to vulnerable or at-risk groups, including older people. Under its auspices, local authorities and their partners, including health agencies, service providers and service user groups, assess the overall levels of need for housing-related support in their area and commission appropriate services to meet those needs (Scottish Executive, 2006a).

2.22. While English evidence indicates that this initiative is likely to have resulted in substantial benefits for service users ( ODPM, 2005a - an analysis of the costs and benefits of the programme in Scotland is currently underway) and while it has ensured the financing of housing support services, it has also led to concerns around long-term planning for that type of housing provision ( SHFA, 2005).

2.23. The provision of free personal and nursing care was a significant policy shift following devolution (Scottish Parliament, 2001; Scottish Executive, 2002b). While this policy does not directly impact on the provision of sheltered housing, it influences people's decisions about whether, when and where to move. Moreover, the option of a direct payment system that has been set up to distribute this funding gives older people the option to buy in their support from private companies. This has considerably opened up the private care market, with consequences for private, public and voluntary sector sheltered housing (see, for example, McKay, R, 2001; Hayes, D, 2005; Cuthbert, J and Cuthbert, M, 2005).

2.24. The Scottish Executive has already undertaken a review of literature relating to the range and quality of community care services for older people in Scotland, and we do not propose to reproduce the findings of that work here. However, it is useful to note that the policy context outlined in that document described a shift toward a less managerial vocabulary and a 'person-centred' approach to delivery of care (Scottish Executive, 2004c).

2.25. Most recently, the Scottish Executive Health Department's Range and Capacity Review Group have produced a report on The Future care of Older People in Scotland (Scottish Executive, 2006d). This sets the context for community care services in Scotland, and supports the existing policy of caring for people at home as long as possible. It indicates that where they are unable to do so, older people should have the right to choose other housing options such as intensive support at home, various models of extra care, supported housing often involving assistive technology and telecare, sheltered or very sheltered housing, adult placement schemes, retirement communities and shared housing, co-operatives, specialist housing of various types and tenures, and care homes. The report argues that more innovative models of care are needed, using equipment and adaptations and technology where appropriate as well as more flexible use of services. Other literature relating to these alternatives is discussed in greater detail later in this review.

Integration of Health and Social Services

2.26. This shift in policy focus from institutional to home care has led to a need for increased integration of health and social services, which in Scotland has been progressed through the Joint Future Initiative. This key policy sets out the basis for joint working between local authorities and the NHS, initially through the development of joint infrastructure, and it is now moving on to an approach based on outcomes (Scottish Executive, 2005f). Literature concerning community care services for older people has reiterated the shift in balance in delivering care for older people in care homes, toward the delivery of more intensive care packages that are being delivered in the service user's own home (Audit Scotland, 2004a).

2.27. As part of the Joint Future initiative the Joint Improvement Team (' JIT') has been set up to improve the results achieved by partnerships. The JIT is taking a leading role in the Essential Connections initiative, which aims to raise the profile of housing in health and social care agencies (Joint Improvement Team, 2005). This is still in its formative stages, and we understand that it is intended that this report will feed into the Initiative's agenda.

2.28. Following the Reform (Scotland) Act 2004NHS Community Health Partnerships (' CHPs') were set up as key building blocks in the modernisation of the NHS and joint services, particularly in the fields of social work and housing. The specific aims of CHPs ¹ are to:

• Deliver more innovative services more effectively
• Shape services to meet local need
• Integrate health services
• Improve the health of local communities
• Be the main NHS agent through which the Joint Future agenda is delivered
• Be the main NHS agent through which children's services will be progressed
• Promote involvement of, and partnership with, staff
• Secure effective public, patient and carer involvement

2.29. In order to achieve consistency of community care between different client groups and providers of care services, National Care Standards have been implemented by the Scottish Executive in line with the Regulation of Care (Scotland) Act 2001 and associated subordinate legislation. There are 21 sets of standards, covering a wide range of client groups, including older people ² and relating to different modes of care provision.

2.30. The related issue of delayed discharge is a Ministerial priority, and the Executive has allocated £30 million per year to help local authorities and NHS Boards reduce the number of people who are inappropriately delayed in hospital for longer than 6 weeks while waiting for a more appropriate care setting. The Joint Improvement Team is working with Partnerships to help deliver sustainable improvements in this area (Scottish Executive, 2004b) and there is a significant policy focus on this issue at present, through the 2002 Scottish Executive Delayed Discharge Action Plan.

2.31. There is also evidence of policy support for people requiring special equipment and adaptations in order to continue to live in their own home. The Equipment and Adaptations Guidance Review Group is currently reviewing national guidance on roles and responsibilities in relation to community equipment and adaptations to reflect new ways of working promoted by the Joint Future agenda (Scottish Executive, 2003d).

2.32. Finally, the improvement of mental health and well-being of everyone in Scotland, and the improvement of quality of life and social inclusion of people who experience mental illness or mental health problems is being addressed through the National Programme for Mental Health and Well Being (Scottish Executive, 2003e). The programme was allocated £24 million initially for 2003-2006 from the Health Improvement budget, and a further £18 million was allocated in Spring 2005 to cover the period 2006-2008.

Central Heating Programme and the Warm Deal

2.33. The UK Fuel Poverty Strategy ( DTI, 2001) set out the government's targets for the eradication of fuel poverty across the UK by 2016. The interim targets vary across the UK; the Scottish Executive specified in their Scottish Fuel Poverty Statement (Scottish Executive 2002e) that one of their targets was to have achieved a 30% reduction in the total numbers of people in fuel poverty in Scotland as shown in the 2002 Scottish House Condition Survey, by 2006.

2.34. The Scottish Executive Central Heating Programme was introduced in 2001-02. It provides central heating, insulation measures, energy efficiency advice and a benefits entitlement check to households in the private sector where the householder or their partner is aged 60 or over and there is no central heating system or one that is irretrievably broken; where the householder or their partner is aged 80 or over it also upgrades or replaces partial or inefficient systems. From January 2007 the Programme will be extended to up-grade partial or inefficient systems in the private sector where the householder or their partner is in receipt of the guarantee element of Pension Credit. In the social rented sector the programme had by the end of 2004 provided central heating to all homes where there was none and the householder wished it, the exception being Glasgow Housing Association properties where work will be complete in March 2007. (Scottish Executive, 2005g).

2.35. The Warm Deal, which was set up in 1999, provides grant for a package of insulation measures to households in receipt of one of a range of passport benefits; it provides a smaller grant for pensioner households not in receipt of benefit. The package of measures may include cavity wall insulation, loft, tank and pipe insulation; draught proofing, four energy efficient light bulbs and energy advice.

Consultation on the Strategy for a Scotland with an Ageing Population

2.36. The Scottish Executive is currently working on a strategy for a Scotland with an ageing population. The Strategy is being developed within the context of existing work and initiatives of the Scottish Executive and the UK Government, and is due to be published during 2006. The aim of the strategy is to provide a long term framework for access to opportunities for older people to make a continuing contribution, including:

• Identifying and removing barriers to opportunities;
• Establishing effective and diverse ways to involve older people in their communities and with government;
• Promoting equal opportunities;
• Promoting social inclusion;
• Combating stereotypical views of ageing.

2.37. It will also deal with issues of effective integrated services for older people, promoting health and wellbeing, and people living in accommodation and environments which continue to meet their needs and wishes as they age (Scottish Executive, 2006b).

POLICY IN ENGLAND

2.38. As in Scotland, the government in England recognises that health, housing, social care and support are inextricably linked and that effective joint working between agencies can help to ensure that older people are enabled to remain independent and enjoy living in their own homes for as long as possible. Well-maintained, warm, secure and suitable housing is recognised as an important factor that can help prevent unnecessary admissions to hospital or institutional care.

2.39. The Inter-ministerial Co-ordinating Group on Older People, set up by the Prime Minister in 1998 to develop an interdepartmental response to the needs of the ageing population across the UK, led to the development of Better Government for Older People ( BGOP) in 2001 and more recently the publication of the report 'A Sure Start to later Life' (Social Exclusion Unit, 2006) dealing with social exclusion amongst older people with input from the Office of the Deputy Prime Minister ( ODPM), Department of Work and Pensions ( DWP), Department of Health ( DH) and the Social Exclusion Unit.

2.40. The BGOP programme seeks to:

• "improve older people's lives by ensuring the public sector consider older people primarily as 'citizens' like everybody else.
• ensure that older people are fully engaged in developing local, regional and national strategies with all levels of governance and sharing good practice throughout the UK".

2.41. The National Service Framework for Older People, published by the Department of Health in 2001 set out standards which aimed to provide person-centred care; remove age discrimination; promote older people's health and independence and to fit services around people's needs.

2.42. The National Priorities and Planning Framework 2003/2006 (Department of Health, 2002) set strategic targets for older people including the number of people supported at home and the length of time between first contact with social services and point of assessment.

2.43. The Green Paper, Independence, Well-being and Choice (Department of Health, 2005c) and the White Paper, Our Health, Our Care, Our Say (Department of Health, 2006) set out the Government's new strategic direction to meet the challenges of demographic change through the radical realignment of systems, to work with people to support healthier lifestyles and to locate more services in local communities, closer to people's homes. This strategic direction places more emphasis on preventative services and the provision of services through the voluntary sector at the same time as giving people more choice and control.

2.44. Services for older people are funded, co-ordinated and provided by a variety of agencies including: housing; social services; the National Health Service; Supporting People teams and the voluntary sector. The Government has introduced a number of initiatives in recent years designed to encourage effective co-ordination across different funding streams and agencies.

2.45. Supporting People is likely to face further change; the ODPM is currently consulting on its draft initial national strategy for Supporting People, Creating Sustainable Communities: Supporting Independence ( ODPM, 2005b). In this it identifies three main service user categories:

• People in receipt of care with support for whom housing related support underpins health and social care services
• People living independently with support only for whom a small amount of support (such as warden or community alarm ) makes a critical difference to being able to remain independent
• People experiencing or at risk of social exclusion where housing related support plays an essential part in preventing or dealing with a crisis situation and restoring independence in a sustainable way

2.46. The draft strategy envisages a more integrated approach to commissioning at a local level using Local Area Agreements and the inclusion of Supporting People in the individual budgets approach offering service users greater choice and control.

POLICY AND HOUSING OPTIONS FOR OLDER PEOPLE IN WALES

2.47. A literature review carried out for the Welsh Assembly has pulled together the key policy issues and housing options available to older people in Wales (Burholt & Windle, 2001). We do not wish to reproduce the document in full in the present literature review, but we feel that the following findings are relevant to this study.

2.48. The study found that the Welsh housing stock is older and in worse condition than that in England, and may indeed be the worst in Europe. This situation is exacerbated for older people because the gross annual income for 43% of Welsh single pensioner households is less than £4,000. Nineteen percent of homes in Wales lacked one of the following: central heating, exclusive use of a bath or shower, or exclusive use of an internal WC. It concluded that the 'patch and repair' approach that had been adopted to repair and renovation was unlikely to provide long term solutions for tackling the problem of unfit housing in Wales.

2.49. The study found that older people in Wales strongly desire to stay independent in their own homes, and that proper housing is therefore a vital element of the social care they require. Despite this, the review found little evidence to suggest the development of strong relationships between health, social care and housing organisations. The report noted that the Health Partnership Arrangements introduced in 1999 by the National Assembly for Wales encourage the transfer and pooling of funding to improve services for carers and older people, and it highlighted the fact that it might be beneficial to pool some health service and local authority housing funds in order to improve the health of older people in Wales, since substandard housing can have an adverse impact on the health of occupants, and can also exacerbate delayed discharge problems. The report also notes that adaptations and renovations can improve health, as well as removing or decreasing the risk of falls and accidents, which consequentially reduces health and social care costs.

2.50. The report also found that housing and environment are important to the social and psychological wellbeing of older people, particularly since older people attach importance to their home as a place where they have control and independence, and often since it has a symbolic function as a sign of personal achievement. Since over-stimulation or an inability to cope with the demands of new situations produce feelings of stress, anxiety or maladaptive behaviour, it is important that older people are able to maintain or adapt their homes to meet their functional and cognitive abilities as they grow older.

2.51. The report noted that low incomes - particularly for single pensioners - disadvantage older council tenants since there are lower ceilings for adaptation funds and that pressure is therefore applied on them to move rather than have adaptations to enable them to remain at home. Fear of victimisation by cowboy builders was found to discourage some older people from obtaining help to repair and maintain their homes. Commercial equity release schemes were largely unable to meet the needs of older people, and there were a number of problems with the grant systems operating in Wales that should have been helping people to pay for those adaptations:

• The pensioners most likely to be living in sub-standard housing were least likely to obtain a grant
• The Home Energy Efficiency Scheme was not targeted at those most in need
• Home improvement agencies were unable to keep up with demand for adaptations
• There were not enough Occupational Therapists to undertake housing assessments
• There had been a dramatic reduction in the total funding available for renovation grants
• Access to grant schemes was impaired for older people - particularly for those of BME background - by lack of information about procedures and priorities
• Overall, no-one was responsible for ensuring that adaptations met the needs of the older clients.

2.52. In terms of the housing options open to older people in Wales, the report found that the supply of special forms of housing that meet older people's needs may influence their choice of whether to move or remain at home; this choice is further restricted where the older person's financial resources are limited. In many areas of the UK the only form of supported housing offered to older people is sheltered housing, which may not suit all older people's needs, aspirations, preferences or expectations. These factors are likely to increase over time. The report noted that from 1 April 2001, the Welsh Assembly has required that all new social housing in Wales is being built to 'Lifetime Homes' standards, which comply with part M of the DETR building regulations; new buildings also now have to adhere to part L of the DETR building regulations (which relates to energy performance). However, these standards will not ensure improvement in the quality of housing across all types of tenure.

2.53. The issue of rural housing is particularly pertinent to Wales, where over 80% of the landmass contains rural housing. The report suggested that this type of housing is likely to require different solutions to housing problems than are appropriate elsewhere. The issue of rural housing in Wales has been complicated by differential property prices throughout the UK, and has raised prices above the reach of many older people. However, the report noted a lack of current research identifying the proportions of older people on social housing waiting lists in rural areas, and that the current methods for assessing the demand for social housing in rural areas does therefore not accurately depict where older people wish to live.

2.54. Subsequent to this report, in 2001 the Welsh Assembly published a National Housing Strategy for Wales, entitled 'Better Homes for People in Wales' (National Assembly for Wales, 2001). It sets out the Assembly's vision for housing in Wales:

"We want everyone in Wales to have the opportunity to live in good quality, affordable housing; to be able to choose where they live and decide whether buying or renting is best for them and their families"

Source: National Assembly for Wales, 2001, p8

2.55. The Strategy embraces issues of housing quality, affordability, choice, homelessness, and the requirements of disadvantaged people, including older people and people with disabilities. In relation to older people, it specifically includes a commitment to services delivered under the 'Supporting People' programme, such as:

• Wales-wide coverage of Care and Repair services
• Housing information and advice services
• Adoption of Lifetime Homes standards in social housing and promotion thereof in the private sector; and
• The development of a long term strategy for older people in Wales.

« Previous | Contents | Next »