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SECTION 1 Local connection provisions in the 1987 Act - current application
6. Local authorities currently have the power under section 33 of the 1987 Act to refer homeless households who do not have a local connection with them to another local authority where they do have such a connection. See Annex A for the text of section 33.
7. This power only applies where the household has been found to have a priority need for accommodation and to be unintentionally homeless, and this assessment cannot be revisited by the 'receiving' authority. A referral on the grounds of local connection cannot be made where the applicant household would face the risk of domestic abuse in the area where they have a local connection.
8. Local connection is defined at section 27 of the 1987 Act, as amended by the Homelessness etc (Scotland) Act 2003. See Annex B for the text of section 27. A local connection is currently formed on the basis of residence of the applicant's own choice, employment, family associations or any special circumstance. Residence or employment whilst serving in the armed forces is exempt, as is residence due to detention or under section 95 of the Immigration and Asylum Act 1999.
9. Chapter 8 of the Code of Guidance on Homelessness 2 contains further guidance on implementing the provisions which are currently in force.
Homelessness Task Force recommendation and subsequent legislation
10. The Homelessness Task Force recommended in their final report that "the provisions in the 1987 Act which enable one local authority to refer a homeless applicant to another authority should be suspended; but that the Scottish Parliament should have power, by way of statutory instrument, to re-activate them, either for Scotland as a whole or for particular local authorities, in case demand pressures prove intolerable." 3 The Task Force made this recommendation on the basis that generally applicants should be assisted by the authority to whom they apply, respecting their individual choices and increasing the likelihood that accommodation would be sustained.
11. The Task Force's recommendations were endorsed by the Executive and the Scottish Parliament. The legislative recommendations in their final report were subsequently given effect in the Homelessness etc (Scotland) Act 2003. Section 8 of the 2003 Act inserted new sections 33A and 33B into the Housing (Scotland) Act 1987. These additional sections are replicated in full in Annex A and have the following effects:
- Scottish Ministers can modify local authorities' powers to refer an applicant to another local authority on local connection grounds. This allows for national modification but also for suspension as between particular local authorities or for particular groups of homeless people. It also allows for the reversal of any changes made.
- Scottish Ministers must publish a statement setting out the general criteria by reference to which modifications will take place.
- Scottish Ministers are obliged to consult before preparing or amending this statement.
Further research and consideration
12. Research into the current operation of the local connection provisions and options for change was carried out by Tribal HCH and published in April 2005 4. The research found that the current levels of referrals under the local connection provisions are low (just over 1% of all unintentionally homeless priority need cases) and that it was not possible to model patterns of migration which would result from modifications of local connection in advance. The research therefore concluded that the most appropriate approach to modification would be to suspend the power to refer on a national basis - with the option to reinstate it selectively where an authority's capacity to meet its statutory duties is threatened as a result of the increased level of applications.
13. The researchers suggested that the criteria for reversing the suspension should incorporate:
- An increased level of homelessness acceptances due in part to the pressure of applications with no local connection;
- Evidence that this is a persistent situation; and
- Evidence that the level of 'no local connection' cases is prejudicing the authority's capacity to fulfil its homelessness duty and its duty to house people in housing need.
14. The Homelessness Monitoring Group (current membership at Annex C) has also considered this issue and offered advice to Ministers. The Group's advice was in line with the conclusions of the Tribal HCH research although they clarified that they felt that referrals to local authorities in the other countries in the UK should still be permitted under the new arrangements.
15. The Group also discussed issues raised by some local authorities in relation to whether or not particular arrangements should be put in place for homeless people applying on leaving prison, secure units or long stay hospitals. It was the Group's view that specific provision should not be made for these applicants within the local connection provisions, with the emphasis instead being on ensuring that appropriate protocols were in place to ensure discharge was planned, implemented and monitored effectively in partnership with the institution concerned.
Monitoring arrangements
16. It is recognised that some local authorities have concerns that they will face increased applications from households with no local connection (as defined under the legislation) to the area and that this will occur at a scale which will undermine their capacity to fulfil their duties to all homeless households. The Executive is not aware of any evidence that this will be the situation - based on an assessment of current application patterns and referrals. However the Executive is committed to monitoring any changes resulting from amending the legislation and taking appropriate action should it be proved necessary.
17. The HL1 form - which collects statistical data in relation to each homelessness application - has recently been revised. The new form is scheduled to become operational in April 2007. It allows local authorities to record whether or not the applicant household has a local connection with the area to which they have applied, regardless of the impact on decision-making. It also allows for recording of whether the applicant has a connection with any other Scottish authority. This allows local authorities to monitor applications from people with no local connection to the area - and to make a case for reversing any modifications made.
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