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HOMELESSNESS
AN ACTION PLAN FOR PREVENTION AND EFFECTIVE RESPONSE
REPORT FROM THE HOMELESSNESS TASK FORCE TO SCOTTISH MINISTERS

ACTION TO PREVENT HOMELESSNESS

54. In line with a recommendation in our earlier report, the 2001 Act places a statutory duty on local authorities to draw up homelessness strategies for preventing and tackling homelessness. The Scottish Executive has issued guidance on how to conduct the local assessment of homelessness which will be the starting point for drawing up these strategies. Guidance on the preparation of the strategies themselves will follow shortly after the publication of this report. It will then be for local authorities, with their statutory, voluntary and private sector partners, to draw up their strategies to come into effect from 1 April 2003.

55. So far as the prevention of homelessness is concerned, the objective should be to avoid the crisis of homelessness wherever possible. We would emphasise the important role of housing support, and other forms of support, in achieving this objective. There are various critical points — for example the initial transition to independent living, the breakdown of a relationship or the onset of illness - where the provision of support can be particularly effective in preventing homelessness. We would therefore expect local homelessness strategies to review and, as necessary, make proposals for improvements in:-

i) the arrangements for early identification of those getting into housing difficulties, across the full range of tenures and landlords;

ii) the advice and support available for those getting into difficulties;

iii) the advice and support available for those known to be at particular risk of homelessness, especially young people living on their own, those who may have difficulty managing their own affairs, those recently discharged from the armed services, prisons or long-stay hospitals, and those formerly in the care of local authorities; and

iv) the provision of leaving home and housing education in schools and other youth services.

Strategies should take account of the differing and specific needs of families and single people living in urban and rural areas. They should ensure that they take account of the needs of people of differing age, race, disability, gender, sexual orientation and belief.

56. Depending on the circumstances of individual households, it may be necessary to ensure the provision of relationship counselling/mediation, financial/debt advice, drug/alcohol counselling, advocacy and proactive action to manage neighbour disputes and tackle harassment. We recommend that local authorities’ homelessness strategies should review the availability, accessibility and quality of such services. In particular local authorities should act proactively to ensure that those at greatest risk of homelessness are made aware of the support available, and are helped to access this support.

Evictions

57. Eviction invariably deepens a household’s problems and should always be a last resort. It is often an indication of failure on the part of the landlord as well as the tenant. We recommend that homelessness strategies should provide for specific, concentrated support programmes for those threatened with eviction across all tenures. These programmes should include the provision of access to independent advice and representation.

58. In the case of council tenants, local authorities should ensure that, in potential eviction cases, not only the Housing Department but also the Social Work and Finance Departments pursue an agreed and co-ordinated programme of action in which the need to sustain tenancies is prioritised alongside income maximisation. In drawing up homelessness strategies, local authorities should review their policies for arrears management and anti-social behaviour to ensure that they do not lead to unnecessary or avoidable homelessness. Other landlords, including hostel landlords, should be asked to conduct similar reviews as part of their contribution to local homelessness strategies.

59. It has been suggested to us that local authorities are under particular pressure to reduce rent arrears because of the profile given to the relevant Accounts Commission Key Performance Indicator (KPI) by Audit Scotland. We recommend that the Accounts Commission, Audit Scotland and Communities Scotland, in consultation with local authorities, should review the appropriateness of the "Current tenants’ arrears as a percentage of net rent due" KPI to determine whether an alternative approach could assist in reducing homelessness by reducing the number of households evicted for rent arrears.

60. We are also concerned to ensure that private tenants are given maximum protection from illegal eviction and harassment. While criminal liability (under the Rent (Scotland) Act 1984) and civil penalties (under the Housing (Scotland) Act 1988) attach to such actions, legal action rarely results; 15 people were prosecuted for unlawful eviction between 1995 and 1999 and 10 charges were proven. However, we believe from information from voluntary organisations that many cases are not formally reported. We recommend that the Scottish Executive should discuss this with the Association of Chief Police Officers in Scotland, the Crown Office and local authorities with a view to tackling the problems of illegal eviction and harassment.

61. We also recommend that:-

(i) Before issuing a re-possession order in respect of a private sector tenant or an owner-occupier, courts should be placed under a requirement, along the lines of section 16(3)(b) of the 2001 Act, to have regard to the extent to which the conduct of third parties is a contributory factor. Among other things this would enable the court to take into account situations in which there had been a delay in dealing with a housing benefit claim.

(ii) Any landlord (other than a local authority landlord) or other person applying to the court for a re-possession order against a tenant or owner-occupier should be required to notify the relevant local authority of the application. This would enable the local authority to consider what assistance could be provided to prevent the eviction and avoid homelessness.

People leaving institutions

62. There is ample evidence that those leaving prison, residential care, long-stay hospitals or the armed forces are particularly vulnerable to homelessness. Special action needs to be taken to reduce the risk of homelessness among those making the transition from institutional life. The development of high quality housing and homelessness advice services within these institutions should be a priority. We recommend that those responsible for the care of prisoners, looked after children and young people, long-stay hospital patients and the armed forces should develop high quality housing and homelessness advice services with support from Communities Scotland. Standards for these services should be set and monitored within the appropriate regulatory regime for each type of institution. In their homelessness strategies local authorities should ensure that appropriate linkages are being made between services in institutions and services in the community. We make the following specific recommendations as regards careleavers, prisoners and armed forces personnel.

(a) Careleavers

63. It has long been recognised that young people looked after by local authorities require special support when the time comes for them to leave care. Local authorities are legally obliged by the Children (Scotland) Act 1995 (the 1995 Act) to provide throughcare (that is to say advice and assistance with a view to preparing the child for when he or she is no longer looked after) to all children looked after by them. They are also obliged by the 1995 Act to provide aftercare for all young people who were looked after by a local authority at the time they ceased to be of school age, or if they were looked after subsequently; this aftercare must be provided until the young person reaches the age of 19 and can be provided until 21 if requested.

64. We do not doubt that local authorities do their best to fulfil these statutory requirements. We are also aware that the delivery of throughcare and aftercare is currently being reviewed in preparation for the transfer of DWP resources for 16-17 year old careleavers to local authorities. Nonetheless we remain concerned that many young careleavers do become homeless and find themselves on the streets. Apart from the immediate consequences, this frequently means that they become detached from services which are seeking to address their often complex needs. A survey of homeless people living in hostels or sleeping rough in Glasgow in 1999 found that 19% had spent time in local authority care as a child. In Edinburgh, a survey of those who had been in care found that 40% had experienced homelessness at some subsequent point. More needs to be done to reduce the risk of homelessness among young people leaving local authority care.

65. We welcome the fact that one of the 29 milestones in the Executive’s Social Justice Strategy sets the target that:-

"All our young people leaving local authority care will have achieved at least English and Maths Standard Grades and have access to appropriate housing options."

We wish to emphasise however that it will not be sufficient simply to provide initial housing options. Careleavers are likely to require continuing support for a significant period. If the initial housing arrangements break down, alternatives should be sought. Safety-net arrangements should be in place to deal with crisis situations while long-term solutions are discussed and agreed with the young person concerned.

66. We have considered what steps could usefully be taken to reduce the risk of homelessness among those with a care background. We make the following recommendations:-

(i) The statutory obligation to provide aftercare under the 1995 Act does not apply where a young person has left care before reaching school-leaving age. These young people may well face similar housing problems to those who are still in care when they reach school-leaving age. We recommend that the statutory obligation to provide aftercare should extend to all young people who have spent six months or more in the care of the local authority between their twelfth birthday and school-leaving age.

(ii) All looked after children and young people should receive appropriate housing advice, including advice on what to do in a crisis, before leaving care. The Looked After Children assessment and action records should be revised to check that this advice has been given and understood, and that future housing intentions have been thought through and are sustainable.

(iii) Regular checks should be made on the housing circumstances of those leaving care for a period of at least 2 years. This could be done by the care co-ordinator recommended in the report of the Action Team on Better Integrated Working in Children’s Services, but close liaison should be maintained with the local authority housing service. The emphasis should be on sustaining housing arrangements which meet the needs of the individual or on providing constructive alternatives where they do not.

(iv) Contingency arrangements should be in place for dealing with emergencies or near emergencies and the careleaver should be aware of them. As a minimum these arrangements should include provision for immediate access to a person (perhaps the care co-ordinator) with whom the care-leaver has built up a relationship of trust, and the availability of suitable short-term accommodation so that the care leaver does not end up on the streets or in unsuitable hostel accommodation.

(v) There should be a standard national form for recording the initial and subsequent housing locations of care leavers for at least 2 years after leaving care. In order to promote good practice, the form should seek to identify actions which have helped to sustain housing and the circumstances which have contributed to housing breakdowns.

67. We recommend that local authorities’ homelessness strategies should seek to identify measures which can be taken, in the light of our comments, to reduce the risk of homelessness among those with a care background. We are aware of innovative work being done in a number of areas — including Falkirk and Drumchapel — to try to address the housing and other needs of careleavers more effectively. We encourage those drawing up homelessness strategies to ensure that co-ordinated and imaginative programmes are in place to manage successfully the transition of young people from care into the community.

(b) Prisoners

68. Loss of housing is a frequent consequence of being sent to prison. Housing benefit ceases to be payable if a person is expected to be in prison for more than 13 weeks and those in prison for longer than this may well face homelessness on their release. 44% of the homeless people living in hostels or sleeping rough surveyed in Glasgow in 1999 had been in prison at least once. Many get caught in a vicious circle of prison — hostel — prison which needs to be broken.

69. Recently, some progress has been made by the Scottish Prison Service and others to reduce the risk of homelessness on discharge from prison. For example the Throughcare Centre now operating in Edinburgh prison provides a comprehensive range of services aimed at addressing all the prisoners’ needs including those on discharge. Largely under the RSI, housing advice services are now being provided at prisons throughout Scotland. The formal evaluation of these services has not yet been completed, but the extent of the demand — in Edinburgh 40-50 prisoners are being seen every week — is an indicator of need. We wish to emphasise the importance of sustaining and developing housing advice services for prisoners and we recommend that, once the forthcoming evaluation has been completed, these services should be put on a permanent footing.

70. We also recommend that consideration should be given to a relaxation in the housing benefit rules. Benefit matters are reserved and therefore outwith the scope of the Scottish Parliament and Executive but we think there is a case for giving local authorities discretion to pay housing benefit to those expected to be in prison for more than 3 months if the prisoner agrees to a repayment plan in respect of the additional amount. We recommend that this should be considered by the DWP.

(c) People leaving the armed forces

71. A study of people using RSI services has shown that 13% had served in the armed forces at some point in their lives. People leaving the forces are often unaccustomed to independent living and may face the threat of homelessness. This vulnerability may be compounded by underlying factors, particularly for compulsory and medical discharge cases. In addition particular difficulties may be faced by the spouses or partners of service personnel following a relationship breakdown. They may face similar problems to those who have served in the forces if, for example, they have become disconnected from their original community. We are aware that the UK Government is taking action to ensure that the issues facing all ex-service personnel are properly understood, appropriately prioritised and effectively addressed across government. This has resulted in the establishment of the Veterans Task Force, led by the Minister for Veterans Affairs and supported by the Veterans Forum. One of the Veterans Task Force’s working groups is concentrating on developing improved Ministry of Defence (MoD) resettlement arrangements to address the needs of more vulnerable services leavers — including improving their likelihood of finding and sustaining accommodation.

72. Against this background we make the following recommendations:-

(i) In preparing their homelessness strategies, local authorities should take full account of the needs of those leaving the armed forces for whatever reason, including the spouses or partners of service personnel. They should therefore consult, and form links with veterans’ benevolent and charitable organisations. Strategies should also take account of the findings of the Resettlement Working Group of the Veterans Task Force.

(ii) Guidance to local authorities should stress that people due to leave the armed forces should be classified as threatened with homelessness where their licence to occupy service accommodation is due to expire and they have no other accommodation. Services’ welfare officers and individual service personnel should also be made aware of this in order that early action can be taken. This is particularly important where personnel are posted overseas immediately prior to discharge.

(iii) As a basis for assessment of need and to ensure that ex-servicemen and women are connected with services best placed to offer them assistance, local authorities and other bodies (e.g. prisons, care institutions, employment services, voluntary organisations), who may come into contact with people who are homeless or at risk of homelessness, should have procedures in place to identify ex-service men/women amongst this group and to signpost the assistance available to them.

(iv) Following evaluation the MoD should extend the SPACES project (which provides a range of housing and other support services to service leavers at the point of discharge) to parts of Scotland where there are significant numbers of service personnel.

(v) As part of its work on improving resettlement, the MoD should consider establishing a network of accessible contact points providing resettlement advice and assistance to those who have left the services.

Asylum seekers

73. Asylum seekers and refugees are also at particular risk of homelessness. We note that while the National Asylum Support Service (NASS) co-ordinates and funds the provision of housing for asylum seekers awaiting a decision by the Home Office, this terminates when a decision is made. There is a significant risk of homelessness among asylum seekers granted leave to remain in the UK by the Home Office.

74. We welcome the recent decision to increase from 14 to 28 days the period for which the NASS will continue to fund accommodation after an asylum decision has been taken. In some instances a person granted leave to remain in the UK may be offered a permanent tenancy in the house which they have been occupying under the NASS arrangements. In some cases this may be acceptable to the person concerned but in other cases there may be concerns about personal safety or the person concerned may wish to move closer to friends or relatives in another area. Where this is the case all reasonable efforts should be made to meet the preferences of the person concerned. We recommend, consistent with our comments at para 47, that those granted leave to remain in the UK following an asylum application should in future be offered alternative accommodation if they do not wish to remain in the accommodation funded under the NASS arrangements. Our recommendation for the suspension of the local connection qualification would mean that if an asylum seeker who is granted leave to remain in the UK wishes to apply under the homelessness legislation to a Scottish local authority, it would not be open to that authority to reject the application on the grounds that living in the NASS accommodation had established a local connection.

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