The Scottish Government

« Previous | Contents | Next »

Listen

CHAPTER ONE: INTRODUCTION AND CONTEXT

BACKGROUND

1.1 The Scottish Executive commissioned this study to inform policy implementation and to identify the potential for improvements in services' responses to the needs of intentionally homeless households. While the research was concerned with support needs among homeless households in general, more specifically it aimed to identify the accommodation and support required to assist those assessed as intentionally homeless to move on to and sustain secure accommodation. This research agenda stemmed from the progressive changes pursued by the Homelessness Task Force Final Report (Scottish Executive, 2001) that were incorporated within the Homelessness etc (Scotland) Act 2003 (the 2003 Act). The phasing of implementation was announced at the end of December 2005 and this clarified that implementation of the changes to intentionality are not due before 2007 (Scottish Executive, 2005a).

Policy directions and key legislative provisions

1.2 The Homelessness Task Force's analysis and recommendations stressed that all homeless applicants should be assisted to access temporary accommodation and that, as homelessness is not just a housing problem, support should be provided to prevent and resolve homelessness.

"We take as our starting point the principle that everyone in Scotland should have dry, warm, affordable and secure housing. Not only is this desirable in itself, but good housing is also crucial to family life, physical and mental health…Our purpose is to achieve a step reduction in the incidence of homelessness in Scotland."

"However housing is not the only dimension which needs to be addressed. In many instances, homelessness is the result of wider needs which have not been recognised, or have not been met effectively.…All the varying needs of people affected by homelessness must be assessed and addressed individually and flexibly. If they are not, purely housing solutions are unlikely to be sustainable." (Scottish Executive, 2001).

1.3 Beyond promoting a more effective crisis response and preventative action through Part One of the Housing (Scotland) Act 2001 (the 2001 Act), the Task Force emphasised the need for a culture shift amongst service providers to promote the empowerment of homeless households by increasing their rights, control and choice (Scottish Executive, 2001).

1.4 In relation to intentionality, the new provisions of the 2003 Act will increase the rights of households assessed to be in priority need and intentionally homeless, to accommodation and related support services. Under the 1987 Act ¹ a person is defined as homeless intentionally,

"if he (or she) deliberately does or fails to do anything in consequence of which he ceases to occupy accommodation which is available for his occupation and which it would have been reasonable for him to continue to occupy". (s26 (1)).

1.5 Prior to the Housing (Homeless Persons) Act 1977 Act the only obligation on local authorities towards homeless households was to provide emergency or temporary accommodation and general advice and assistance (Watchman and Robson 1989). There was no obligation to provide support until the provisions of community care or children's legislation ². Nor was there any obligation to help people to move on to permanent accommodation.

1.6 Currently if a household is found to be homeless, in priority need but intentionally homeless they are entitled to temporary accommodation for a 'reasonable period' to allow him/her to secure their own accommodation. The Code of Guidance on Homelessness (Scottish Executive 2005b), states that reasonable opportunity:

"should be assessed in terms of the circumstances of the applicant, including consideration of factors (such as disability, addictions, mental health problems, chaotic lifestyles) which may adversely affect their ability to secure accommodation; and also local housing conditions including how readily alternative accommodation is available in the area". ³

1.7 The new legislation establishes "a floor of rights" and opportunities for progress in terms of a ladder of accommodation and related support provision. The provisions of the Homelessness etc (Scotland) Act 2003 are significant here. Section 4 changes the current obligation on local authorities to investigate whether or not a priority need household is intentionally homeless, into a discretionary power to do so. Sections 5 and 6 specify the accommodation and support to be provided for intentionally homeless households. Specifically, those found to be intentionally homeless must be granted a short Scottish Secure Tenancy (short SST).

1.8 When a short SST is being granted the local authority must ensure the provision of the housing support services that it considers to be appropriate, with a view to converting the short tenancy to a full SST. The tenants' rights and obligations in relation to the support provided must be specified within the tenancy agreement, and the local authority, along with the tenant and landlord (if not the local authority), must review progress periodically. The support package overall should enable people to move on to permanent accommodation. This would imply that the provision of accommodation and support will be determined following a structured assessment of applicants' circumstances and needs.

1.9 Exceptions to the right to a short SST apply when:

• a household has already been granted a short SST under the 2003 Act which has been terminated within the last year
• a member of the household has been evicted on anti-social behaviour grounds in the last 3 years
• a member of the household is subject to an Anti Social Behaviour Order ( ASBO).

1.10 Where any of the 3 exceptions listed above apply, the applicant has no legislative entitlement to a short SST, although the local authority is empowered to grant one. Instead, their only entitlement is to what is now known as section 7 accommodation (that is hostel or other short stay accommodation that does not confer tenancy rights). Section 7 accommodation must be provided alongside any housing support services considered appropriate, with a view to enabling the household to take on a short SST. The accommodation will be regulated by minimum standards set under section 7 of the Housing (Scotland) Act 2001. Local authorities therefore will have the continuing obligation to provide accommodation and support that was sought by the Homelessness Task Force.

1.11 Referrals to registered social landlords under section 5 (of the 2001 Act) have been extended to include intentionally homeless households who are entitled to short SSTs. Non local authority landlords are required to inform the relevant local authority on how the housing support and the short SST are progressing.

1.12 Having clarified the policy and legislative context of the entitlements of homeless applicants who are assessed as intentionally homeless, we now turn to the research aims and methodology.

RESEARCH AIMS, OBJECTIVES AND METHODOLOGY

Aims and objectives

1.13 The overall purpose of this study was to examine the likely impact of section 4 of the 2003 Act, to assess the typical characteristics and needs of households assessed as intentionally homeless, to review existing models of accommodation and support that are relevant to this client group and to identify the accommodation and support services that will assist intentionally homeless households to move on to more secure accommodation. This focus offered a timely opportunity to update the current picture in Scotland, taking account of the developments stemming from the implementation of local authorities' homelessness strategies and of policy directions related to community care, children/ young people and issues such as Anti-social behaviour ( ASB).

1.14 The specific objectives identified for the research are identified below, although it should be noted that these were modified by agreement in light of findings presented at Interim Report stage. These were:

• To assess any likely impact of the change from a duty to assess intentionality to a power, taking account of the numbers of households assessed as intentionally homeless and the numbers who are only entitled to section 7 accommodation.
• To analyse the characteristics and needs of households assessed as intentionally homeless, and to explore whether there are identifiable differences between households likely to be granted a short SST and those who are not entitled to one.
• To identify the range of existing models of accommodation and support for homeless individuals and families, (including those demonstrating anti social behaviour, and/or who have needs relating to, for example, drug or alcohol misuse; to assess their effectiveness in enabling people to move on and maintain more secure accommodation, and to highlight any required evaluation activity.
• To develop a service specification to inform a pilot project, setting out an ideal model of accommodation and support for (intentionally) homeless households, highlighting essential and desirable features and any variations required to meet the particular needs of different groups, including needs relating to drug/ alcohol abuse, mental health difficulties and anti-social behaviour.

1.15 Three further questions were identified for the research to consider:

• Whether certain household groups require particular forms of support?
• Whether the accommodation and support to be provided for intentionally homeless households entitled to a short SST should differ from that others who are only entitled to section 7 accommodation?
• The potential resource implications of the changes to intentionality introduced by the Homelessness etc. (Scotland) Act 2003, including the costs associated with establishing, running or otherwise providing the different existing and proposed models of accommodation and support identified?

Research methods

1.16 The study methodology involved both qualitative and quantitative methods, as outlined below.

1.17 Reviewing the study context: A wide-ranging literature review was conducted. This focused on the relevant legislation and guidance and it reviewed wider research on homelessness, support needs and on related models of accommodation and support provision for homeless people in the U.K.

1.18 A pilot pro-forma exercise: A pro-forma was issued to all local authorities in December for implementation between 1 January and 31 March 2005, in respect of all households assessed as in priority need but intentionally homeless or potentially homeless. The pro-forma included questions on local authorities' assessment of support needs and on support provided, and it generated supplementary information to that supplied in local authorities' statistical returns to the Scottish Executive ( HL1 returns). Overall, the pro-forma generated 99 returns in respect of individual households from 23 of the 32 Scottish local authorities ⁴.

1.19 Statistical review: An analysis was conducted of both the Scottish Executive's published homelessness statistics and additional local authority level statistical information for the year from April 2003 to the end of March 2004, which the Scottish Executive supplied to the research team. This provided useful information on patterns at local authority area level and on household characteristics.

1.20 A survey on provision was conducted of all Scottish local authorities. This sought information on the range of accommodation and support services on offer to homeless people across Scotland and it sought to identify local service gaps and deficits. A high response rate was obtained from 31 authorities.

1.21 Case studies: Local authorities and related agencies in 4 urban and urban-rural areas participated in case studies of the response to homelessness. Each case study involved a review of local policy and strategy documents and interviews with policy and operational staff working in the spheres of housing, social work, health and the voluntary sector. An interview programme was also conducted with service users who had been assessed as intentionally homeless, and overall 29 households participated across the 4 areas. Participating service users were initially approached by the local authorities, although in one urban area, where there was a low response initially, contact was made via a voluntary agency. These interviews were a crucial source of information about service users' experiences of homelessness and their views on their accommodation and support needs and on the service responses they received. Further information will be supplied on the Methodology at Appendix One, on those interviewed at Appendix Two, and on the case study areas at Appendix Three.

The structure of the Report

1.22 In the remainder of this Report:

• Chapter 2 focuses on patterns relating to local authorities' assessment of intentionality over time and between areas. It analyses the incidence of such decisions and it explores the household characteristics and circumstances of those who are assessed as intentionally homeless.
• Chapter 3 reviews what is known about the support needs of homeless households generally and it considers the research evidence on whether intentionally homeless households have specific support needs.
• Chapter 4 reviews current accommodation and support provision for homeless people in general, and it considers the relevance of this provision to intentionally homeless households.
• Chapter 5 considers gaps in services as well as aspects of good practice and effectiveness in addressing the needs of homeless households including those assessed as intentionally homeless. Having presented the key findings it ends with a series of recommendations.

1.23 Each chapter draws on research findings gathered through all of the relevant research methods outlined above.

SUMMARY

1.24 This Introductory Chapter began with an overview of homelessness policy, implications for intentionality assessment and the rights of those so assessed. The overview clarified that homeless people who are assessed as in priority need and intentionally homeless have increased rights to assistance and support under the 2003 Act, whether they are accommodated within a Short SST or in section 7 accommodation. The Chapter also outlined the research methodology and the structure of the report.

« Previous | Contents | Next »