Professor Suzanne FitzpatrickHeriot-Watt University

The Broader Policy Context for Homelessness in Scotland

Presentation to Beyond Homelessness: Putting Research into Practice,

by Suzanne Fitzpatrick,

24th January 2011

The UK homelessness legislation is unique

Often there is a constitutional ‘right to housing’, but unenforceable –a ‘political marker of concern’

There are enforceable rights to emergency shelter in some European countries; always confined to roofless households

French ‘DALO’ (2007) attempted to establish a legally-enforceable right to housing for social housing applicants (including homeless people) who experience ‘an abnormally long delay’ – but vague and complex

= No other country outside UK provides homeless people with clear, legally-enforceable rights to permanent or settled housing

Legislative and policy divergence within UK

Intense period of policy activity on homelessness since devolution - particularly in Scotland (Homelessness Task Force) and England (Homelessness Directorate)

Legislative framework has now diverged across the UK: Scotland has a far stronger statutory safety net than elsewhere (the 2001 and 2003 Acts and 2012 target; Human Rights awards)

Homelessness prevention has had a major (and controversial) impact in England and Wales - much less so in Scotland and N.I. thus far

Homelessness prevention England - 2002 Act - homelessness strategies - 2005 target to halve households in TA by end 2010 - ‘housing options’ - PRS, family mediation, sanctuary

schemes, tenancy support, etc - massive drop in homelessness acceptances -

‘gatekeeping’? Wales – similar approach and results to England Scotland- cautious, limited and experimental in

comparison, but now changing… N.I. – just coming onto the agenda

Impact of homelessness prevention in England by 2009/10 Homelessness prevention activity outside statutory

framework (‘cases where positive action was successful in preventing or relieving homelessness’)

- 165,200 cases- 61% involved the household being assisted to obtain

alternative accommodation (usually PRS)- 39% were assisted to remain in their existing home Statutory homelessness ‘acceptances’ – 40,030

cases (70% down on 2003 peak)= almost as many homelessness acceptances in

Scotland (36,643) as in the whole of England (40,030)

What is happening in England now?

Homelessness acceptance starting to rise again – last 2 quarters

Localism Bill – local control over access to waiting lists; end of security of tenure for social tenants?; ‘compulsory’ discharge of duty into PRS fixed-term tenancies

Welfare reform – LHA, HB and Shared Room Rate (25-35 year olds); will restrict use of PRS to prevent homelessness/discharge duty

Policy changing rapidly in Scotland 2012 target and shortage of social housing lets; can’t ‘build

way out’ Discharge of duty into PRS ‘short assured tenancies’ –

‘settled housing’ ‘Housing options’ – seems muted in Fresh Thinking, New

Ideas, but shift towards robust prevention; national seminar and funding for regional hubs; concerns over gatekeeping, but Scottish Housing Regulator has given ‘green light’

Housing (Scotland) Act 2010 - new duty to assess housing support needs

Broader context – public funding cuts; Supporting People; constraints in new housing supply; HB/LHA/SRR

Conclusions

Funding cuts = very challenging time for housing and homelessness

But new emphasis on prevention and housing options = opportunity for more creative ‘problem solving’ than in the past

Social networks a key dimension of prevention and re-integration, e.g. Glasgow hostel closure study (under/over 50s)

Social networks relevant to new housing support duty?