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SECTION 2 What is proposed
18. The Executive remains of the view that the approach set out by the Task Force should be implemented. Homeless households are more likely to resettle successfully, and avoid repeat homelessness, if they are living in an area of their choosing and which supports other elements of their lives (family, social networks, employment, education etc) and their future aspirations and where they are integrated into the local community. Homeless people themselves are best placed to make the judgement as to the geographical area which best meets these needs - and the Executive's view is that respecting this choice will lead to better outcomes than a strict interpretation of the legislative test. However it is necessary to balance this desire with the need to ensure that these choices are realistic in terms of accommodation and support capacity within local authorities.
19. As is mentioned above, Ministers are obliged to make a statement within a year of section 8 of the 2003 Act coming into force setting out the circumstances in which, and the general criteria by reference to which, the power to modify the local connection provisions is to be exercised. It is proposed that this Statement would set out that the circumstances in which the power would be exercised would be:
- Where to do so would further the objective of increasing the ability of homeless people to choose where to apply for assistance; taking account of available evidence on any detrimental effect which may result - in terms of the capacity of particular local authorities to meet their homelessness duties, or outcomes for individuals or communities.
20. It is proposed that the Statement would also contain the following general criteria by reference to which the power will be exercised:
- Increasing choice for homeless households
- Outcomes for homeless households
- Outcomes for the wider community
- Evidence of an increased level of homeless households acceptances due in part to the pressure of applications from households with no local connection;
- Evidence as to the scale/frequency of applications from households with no local connection;
- Evidence that the level of 'no local connection' cases will prejudice the authority's capacity to fulfil its homelessness duty and its duty to house people in housing need.
21. In determining whether capacity is being adversely affected it is proposed that Ministers will consider the factors set out in the Ministerial Statement on the Abolition of Priority Need: impact on social lets; temporary accommodation; sustainability of solutions; progress towards SHQS; voids and void management; support needs; hidden homelessness; and preventative activity. 5
22. In line with the Homelessness Task Force's recommendation, and taking account of the research carried out and the views of the Homelessness Monitoring Group, it is now proposed to bring forward secondary legislation under section 33A of the 1987 Act in order to suspend the local connection provisions which are currently in place. At this time the Executive believe that there is no evidence of detrimental effect which would mitigate against the objective of increasing homeless people's choices and ensuring better outcomes for them.
23. It is proposed that this suspension will take effect among Scottish local authorities only - current arrangements relating to referrals to and from authorities in other parts of the UK will continue to apply. This would mean that no local authority in Scotland could refer an applicant to another local authority in Scotland on local connection grounds - but a Scottish local authority could still refer an applicant to elsewhere in the UK and would be obliged to accept referrals from elsewhere in the UK. It should be noted that the duty to co-operate with other local authorities under section 38 of the 1987 Act remains unaffected by the proposed changes, as is handling of applications from households containing foreign nationals.
24. It is proposed that suspension would come into effect at the same time as the new HL1 becomes operational (currently scheduled for April 2007). The making of multiple applications to various different local authorities can be tracked to a certain extent through the use of National Insurance numbers in the new HL1 but it would be useful to have views as to whether additional guidance on handling these types of cases, should they occur, would be helpful for local authorities.
25. It is proposed that following the first exercise of the powers under section 8, local authorities could make a case to Scottish Ministers if they believed there was a need for further modification. The criteria for making this case would be as set out in the Statement (i.e. as currently proposed at paragraph 20 above).
Equalities
26. The Scottish Executive is committed to meet the terms of our Race Relations Act (as amended) duties and to promoting wider equality throughout our work. Research into homelessness amongst black and minority ethnic minority communities was carried out in 2004 and specific guidance is currently being developed.
27. It is considered that the proposals set out in this consultation paper would be of benefit to all homeless people in Scotland and would not have an adverse effect on any specific section of our communities. The revised HL1 system will enable us to monitor this on an ongoing basis. We would be interested in your views, particularly if you are concerned that what is proposed would have an adverse impact on, or discriminate against, particular homeless people.
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