In Scotland, the Scottish Government has overall and legislative responsibility for homelessness policy and legislation, whilst local councils have a statutory duty to assist in providing settled accommodation to applicants, or, if settled accommodation is unavailable at the time an application is received, then temporary accommodation must be provided until settled accommodation is available. [1] Since the introduction of Scottish devolution in 1999 and the reconvening of the Scottish Parliament, homeless legislation and policy in Scotland has diverged in important ways from the rest of the UK. [2] Homelessness legislation and policy is fully devolved to the Scottish Government under the terms of the Scotland Act 1998 and has full legislative competence to legislate in the area. [3]
The most recent statistics issued by the Scottish Government on homelessness in the country include: [4]
The characteristics of households in Scotland which were assessed as being homeless, or threatened with homelessness either through intentional or unintentional measures were 63% were aged 25 to 49, 68% of households are single person, 26% contain children, 80% were of white ethnicity and 51% have at least one support need. When a household in Scotland is either unintentionally homeless or threatened with homelessness, the local authority has a statutory duty to offer settled accommodation. The local authority must offer temporary accommodation is settled accommodation is unavailable at the time, and once settled accommodation becomes available, an applicant will moved from temporary to settled accommodation. [5]
The Scottish Parliament passed the Housing (Scotland) Act 2001 which was introduced to create changes to existing homelessness legislation. The act established the right to review a homelessness decision and introduced a duty on registered social landlords (RSLs) to assist local authorities across Scotland individuals who found themselves homeless. [3]
The Scottish Parliament passed the Homelessness etc. (Scotland) Act 2003 which has an aim of ensuring that by 2012 everyone assessed as being unintentionally homeless will be entitled to permanent accommodation. In addition, the Homeless Persons (Unsuitable Accommodation) (Scotland) Order came into force in December 2004 and requires councils to ensure that pregnant women and households with children are not placed in unsuitable temporary accommodation, unless there are exceptional circumstances. [6] In 2012, the Scottish Parliament passed secondary legislation on housing support services. The 2012 legislation required local authorities in Scotland to assess housing support needs of homeless applicants within their respective areas. [3]
On 29 November 2022, the Scottish Parliament passed the Homeless Persons (Suspension of Referrals between Local Authorities) (Scotland) Order 2022. The 2022 legislation suspends referrals between Scottish local authorities for homeless households on the basis of their local connection. This means that the act gives people in housing crisis the freedom to settle where they choose with access to the support they need, and aims to help them integrate more fully into the local community and to reduce repeat homelessness. [3]
Acts of the Scottish Parliament which relate to homelessness include: [7]
The Scottish Government has pledged to commit £100 million in funding in order to transform the homelessness system and implement the governments updated Ending Homelessness Together action plan, preventing homelessness from happening in the first place, transforming temporary accommodation by transitioning to rapid rehousing by default and ending the use of night shelters by expanding rapid rehousing approaches, such as Housing First, working to reduce the use of and time spent in temporary accommodation, providing annual updates, as well as homelessness statistics twice a year, to monitor the progress of the Scottish Government towards ending homelessness. [3]
Paul McLennan is the incumbent Minister for Housing within the Scottish Government. The housing minister supports the Cabinet Secretary for Social Justice and is directly responsible for homelessness and rough sleeping, the Housing to 2040 strategy, welfare and debt advice and the Affordable Housing Supply Programme. [8]
If, for whatever reason, a household becomes unintentionally homeless or is threatened with homelessness, Scottish local councils have a stature duty to offer settled accommodation to applicants. If settled accommodation is unavailable at the time an application is received, the council must offer temporary accommodation. If a household is intentionally homeless, the local authority has no statutory duty to provide settled accommodation to applications, however, local councils may choose to do so. Local councils do have a duty to provide temporary accommodation, advice and assistance to assist the household secure alternative accommodation. Temporary accommodation must be offered to all households while awaiting an assessment decision.
The overall statutory duty lies with the local authority the household is situated within. Until 28 November 2022, it was the case that if a household had no local connection to the local authority to which it applied for homelessness accommodation, but rather to another local authority in Scotland, they may be referred to the local authority they were connected with. However, from 29 November 2022, local authorities no longer have the authority to refer an applicant to another local authority in Scotland on the grounds of their local connection.
Ultimately, a household can accept or refuse any offers of accommodation put to them by the local authority. A local authority’s duty to secure accommodation for unintentionally homeless people would be fulfilled by an offer that is refused, provided that the offer is reasonable and meets the standards required for the applicant. [9]
According to Shelter, [10] in 2019-20, 31,333 households were assessed as being homeless, which is a 4% increase on 2018-19. 51,365 people were in those households; 35,654 adults and 15,711 children. The number of households accepted as homeless or potentially homeless has increased by 25 per cent since 2000-2001 according to Shelter. There are various organisations which have been set up in order to combat homelessness and poverty in Scotland such as Glasgow Needy, Glasgow City Mission. These organisation offer food to the homeless as they are touched by deprivation of poverty. [11] By March 2024, the number of children living in temporary accommodation had decreased from 15,711 children in 2020 to 10,110 children in 2024. [12]
As at 30 September 2020 [update] , 14,151 households were in temporary accommodation (a 24% increase from 2019–20). [13] : 7 Among these households are 7,280 children. There were 4,595 instances where temporary accommodation was not offered and 500 breaches of the unsuitable accommodation order.[ citation needed ]
By 2024, 1,311 households across Scotland (4%) that had previously been assessed as homeless in the 12 months prior to their most recent assessments were found to have re-entered the homelessness system, and 3,905 (12%) in the last five years had re-entered the homelessness system. [14]
Shelter Scotland identified lack of social housing, pressure of private renting, discrimination and inequality and unexpected life events as the most common causes which leads to homelessness occurring in Scotland. [12]
Statistics are based upon all people / households who approach their Local Authority (Council) and state they are homeless, or about to be homeless within the next 2 months. These statistics are sent to the Scottish Government, who produce these every 6 months. [15] The statistics don't include people who are homeless but don't go to their Local Authority.
History:
General:
East Renfrewshire is one of 32 council areas of Scotland. It was formed in 1996, as a successor to the Eastwood district of the Strathclyde region. The northeastern part of the council area is close to Glasgow and many of the council area's northern settlements fall into the Greater Glasgow urban area.
Glasgow City Council is the local government authority for Glasgow City council area, Scotland. In its modern form it was created in 1996. Glasgow was formerly governed by a corporation, also known as the town council, from the granting of its first burgh charter in the 1170s until 1975. From 1975 until 1996 the city was governed by City of Glasgow District Council, a lower-tier authority within the Strathclyde region.
The Scottish Government is the executive arm of the devolved government of Scotland. It was formed in 1999 as the Scottish Executive following the 1997 referendum on Scottish devolution, and is headquartered at St Andrew's House in the capital city, Edinburgh. It has been described as one of the most powerful devolved governments globally, with full legislative control over the economy, education, healthcare, justice and the legal system, rural affairs, housing, the crown estate, the environment, the fire service, equal opportunities, the transportation network, and tax, amongst others.
Local government in Scotland comprises thirty-two local authorities, commonly referred to as councils. Each council provides public services, including education, social care, waste management, libraries and planning. Councils receive the majority of their funding from the Scottish Government, but operate independently and are accountable to their local electorates. Councils raise additional income via the Council Tax, a locally variable domestic property tax, and Business rates, a non-domestic property tax.
Housing Benefit is a means-tested social security benefit in the United Kingdom that is intended to help meet housing costs for rented accommodation. It is the second biggest item in the Department for Work and Pensions' budget after the state pension, totalling £23.8 billion in 2013–14.
In the United Kingdom, devolved matters are the areas of public policy where the Parliament of the United Kingdom has devolved its legislative power to the national legislatures of Scotland, Wales and Northern Ireland, while reserved matters and excepted matters are the areas where the UK Parliament retains exclusive power to legislate.
A house in multiple occupation (HMO), or a house of multiple occupancy, is a British English term which refers to residential properties where 'common areas' exist and are shared by more than one household.
In England, local authorities have duties to homeless people under Part VII of the Housing Act 1996 as amended by the Homelessness Act 2002. There are five hurdles which a homeless person must overcome in order to qualify as statutory homeless. If an applicant only meets the first three of these tests Councils still have a duty to provide interim accommodation. However an applicant must satisfy all five for a Council to have to give an applicant "reasonable preference" on the social housing register. Even if a person passes these five tests councils have the ability to use the private rented sector to end their duty to a homeless person.
Bonnyton is a former village in East Ayrshire which is currently an area in the western part of the town of Kilmarnock in southwest Scotland. It is home to a mix of residential and commercial properties, centred around estates such as Bonnyton Road, Munro Avenue and Gibson Street. Previously a village in its own right, Bonnyton was subsumed by Kilmarnock during the towns period of rapid growth and expansion in 1871.
Homelessness in the United Kingdom is measured and responded to in differing ways in England, Scotland, Wales and Northern Ireland, but affects people living each of the countries of the United Kingdom. Most homeless people have at least a modicum of shelter but without any security of tenure. Unsheltered people, "rough sleepers", are a small minority of homeless people.
Homelessness, also known as houselessness or being unhoused or unsheltered, is the condition of lacking stable, safe, and functional housing. It includes living on the streets, moving between temporary accommodation with family or friends, living in boarding houses with no security of tenure, and people who leave their homes because of civil conflict and are refugees within their country.
Anti-homelessness legislation can take two forms: legislation that aims to help and re-house homeless people; and legislation that is intended to send homeless people to homeless shelters compulsorily, or to criminalize homelessness and begging.
A census of the population of the United Kingdom is taken every ten years. The 2011 census was held in all counties of the UK on 27 March 2011. It was the first UK census which could be completed online via the Internet. The Office for National Statistics (ONS) is responsible for the census in England and Wales, the General Register Office for Scotland (GROS) is responsible for the census in Scotland, and the Northern Ireland Statistics and Research Agency (NISRA) is responsible for the census in Northern Ireland.
A halting site is purpose-built residential accommodation for Travellers provided by a local municipal authority. The halting site has an individual bay for each family unit with a full range of services provided in a small structure on each bay.
The Localism Act 2011 is an Act of Parliament that changes the powers of local government in England. The aim of the act is to facilitate the devolution of decision-making powers from central government control to individuals and communities. The measures affected by the Act include an increase in the number of elected mayors, referendums and the "Local authority’s general power of competence" which states "A local authority has power to do anything that individuals generally may do".
The Court of the Lord Lyon, or Lyon Court, is a standing court of law, based in New Register House in Edinburgh, which regulates heraldry in Scotland. The Lyon Court maintains the register of grants of arms, known as the Public Register of All Arms and Bearings in Scotland, as well as records of genealogies.
The Welfare Reform Act 2012 is an Act of Parliament in the United Kingdom which makes changes to the rules concerning a number of benefits offered within the British social security system. It was enacted by the Parliament of the United Kingdom on 8 March 2012.
Housing in Scotland includes all forms of built habitation in what is now Scotland, from the earliest period of human occupation to the present day. The oldest house in Scotland dates from the Mesolithic era. In the Neolithic era settled farming led to the construction of the first stone houses. There is also evidence from this period of large timber halls. In the Bronze Age there were cellular round crannogs and hillforts that enclosed large settlements. In the Iron Age cellular houses begin to be replaced on the northern isles by simple Atlantic roundhouses, substantial circular buildings with a drystone construction. The largest constructions that date from this era are the circular brochs and duns and wheelhouses.
The Bellgrove Hotel is a category B listed building in the Gallowgate area of Glasgow. The hotel became notorious as a homeless hostel due to the poor living conditions it provides after a number of press and media reports and it was prominently mentioned during a debate in the Scottish Parliament on 16 December 2014.
Gatekeeping is a term in British housing law which describes when a Council refuses to accept a homelessness application and/or provide accommodation when they have a legal duty to do so. Pressure for Councils to engage in "gatekeeping" can be the result of the high cost of providing temporary accommodation or there simply not being enough housing within a borough to accommodate homeless applicants. Gatekeeping practices of some local authorities have been challenged by judicial review.