Homelessness Prevention: Island Communities Impact Screening Assessment

Homelessness Prevention: Island Communities Impact Screening Assessment

Objectives

Policy background

The aim of the policy is to strengthen housing and homelessness rights and re-balance the system away from crisis intervention in favour of early prevention activity, through the introduction of an ‘ask and act’ duty on relevant bodies, so as to identify people at risk of homelessness earlier and enable them to access the support they need; as well as to make changes to existing homelessness legislation to require local authorities to intervene at an earlier stage to prevent homelessness.

In September 2017, the then First Minister set out a commitment to eradicate rough sleeping, transform the use of temporary accommodation and end homelessness in Scotland. Scottish Ministers subsequently established the Homelessness and Rough Sleeping Action Group^[1] (“HARSAG”), to make recommendations on how the desired changes could be achieved.

HARSAG produced its recommendations in June 2018 aimed at securing strategic changes at both national and local level. In November 2018, the Scottish Government and the Convention of Scottish Local Authorities (“COSLA”) published the Ending Homelessness Together High Level Action Plan^[2], which sets out the actions to be taken to end rough sleeping and homelessness. HARSAG was reconvened in 2020 to provide recommendations on tackling homelessness during the coronavirus pandemic and in the longer term. Following this, in October 2020, an updated Ending Homelessness Together Action Plan^[3] was published jointly with COSLA that sets the direction for real and lasting change. A key action both strategies was the development wide-reaching homelessness prevention duties.

At the request of the Scottish Government, Crisis convened the Prevention Review Group (“PRG”) to develop recommendations for legal duties on Scottish local authorities and wider public bodies to prevent homelessness. The over-arching foundational principles of the PRG Final Report, published in 2021^[4], were that:

• Responsibility to prevent homelessness should be a shared public responsibility and not rely solely or primarily on the homelessness service.
• Intervention to prevent homelessness should start as early as possible.
• People facing homelessness should have choice in where they live and access to the same range of housing outcomes as members of the general public, with appropriate protections to mitigate further risk of homelessness. Housing outcomes should be comparable across the prevention and homelessness duties.

The PRG recommendations proposed:

• Amendments to existing legislation to strengthen local authority homelessness prevention activity, and;
• The creation of new homelessness prevention duties on ‘wider public bodies’ to require the public sector to take responsibility, where appropriate, for supporting homelessness prevention by asking about people’s housing situation and taking action to prevent homelessness.

The PRG recommendations formed the basis of the public consultation which ran from December 2021–April 2022 and asked for views on the introduction of primary legislation. The independent analysis of the consultation responses, published in September 2022^[5], showed there was widespread support for the package of proposals.

Based on this feedback, the Scottish Government is introducing the following policies:

• An ‘ask and act’ provision, which will apply to specified relevant bodies and require them to either take action within their own existing powers, or make a referral to a local authority on behalf of people identified as at risk of homelessness, or both.
• A duty on local authorities to act up to six months before potential homelessness rather than the current two.
• For referrals from relevant bodies to be treated as an application for assistance.
• The need for local authorities to take reasonable steps to prevent homelessness.
• Changes to the definition of domestic abuse as it applies within housing legislation and the need for social landlords to have a domestic abuse policy.
• Assessment of housing support needs to be included in Local Housing Strategies^[6].

Intended impacts, outcomes and potential differences across the islands

The legislation will build on existing good practice and place a collective responsibility across public services to prevent homelessness. Having legal duties in place will help drive the allocation of resources and set clear expectations of the public sector. The policy will thus enable the identification of a pending risk of homelessness, or homelessness of a household, and enable prevention activity to be undertaken before homelessness occurs, through early intervention across relevant services. Where homelessness has already occurred, work can begin to address this with a view to making it brief and non-recurring.

It supports the following outcomes within the National Performance Framework^[7], which are fundamental to the ambition to end homelessness in Scotland:

• We respect, protect and fulfil human rights and live free from discrimination.
• We tackle poverty by sharing opportunities, wealth and power more equally.
• We live in communities that are inclusive, empowered, resilient and safe.
• We grow up loved, safe and respected so we can realise our full potential.

The over-arching intended impact of the legislation is that households potentially at risk of homelessness will be identified earlier, before they become homeless, and homelessness will be prevented from happening in the first place. Strengthening our approach to prevention of homelessness will help people avoid crisis situations that often have wider impacts, including on health, education and employment. We want to avoid people suffering the disruption and indignity of experiencing homelessness and having to rebuild their lives after it.

A further outcome is that local authorities will take action earlier to prevent homelessness, at six months instead of the current two months, and that a referral from a relevant body will be considered as an application to a local authority in respect of the individual.

An intended long-term outcome following the implementation of the legislation is that there is a decrease in homelessness applications (although it is recognised that, in the short term, there may well be a spike in homelessness applications). As a result of earlier intervention and a person centred approach, homelessness might be prevented and the household at risk of homelessness helped through support measures such as family mediation services, debt counselling/support and so on.

A further potential outcome is increased partnership working between relevant bodies and local authorities. This would not be unique to island community local authorities. It is recognised that there is already existing good practice in many areas, and it is anticipated that this will cascade across all local authorities. We do acknowledge the concerns raised by stakeholders regarding the existing staffing pressures in highland and island communities, particularly in social work and social care, and concerns that this legislation will place a greater burden on people working in those sectors.

The significant geographic spread of the highlands and islands does present a challenge when it comes to housing availability and affordability and the objective to provide people at risk of/experiencing homelessness greater choice and control over where they live. Housing stock is an issue which exists across Scotland but, given the remote and rural aspects of the highlands and islands, in addition to where education, employment and health centres exist this does present a unique set of challenges which may require different approaches when compared to the rest of Scotland.

Gathering data and identifying stakeholders

Two key sources of data have been gathered on the differences that occur in island communities, and between island groups, in contrast to mainland Scotland. First, data gathered from published research and statistics and, secondly, insights gathered from stakeholders representing island communities. This includes annual Rapid Rehousing Transition Plan (“RRTP”) returns which each local authority provides for their area.

Key stakeholders in island communities are:

• Local authorities representing island communities;
• Relevant bodies such as within justice, health;
• Individuals at risk of homelessness/individuals experiencing homelessness and individuals supporting them e.g. family members;
• Advocacy groups/third sector organisations.

Within homelessness prevention, the island local authorities are represented in the following Housing Options Hubs, which bring together neighbouring councils in Scotland to promote, develop and share information and best practice on the prevention of homelessness:

• North & Islands: Highland, Aberdeen City, Aberdeenshire, Eilean Siar/Western Isles, Moray, Orkney Islands and Shetland Islands;
• Tayside, Fife & Central: Perth & Kinross, Angus, Argyll & Bute, Clackmannanshire, Dundee City, Stirling and Fife;
• Ayrshire & South: North Ayrshire, Dumfries & Galloway, East Ayrshire, Inverclyde and South Ayrshire.

The National Records of Scotland reported the Scottish islands had a population of 102,914 in 2021 (up from 99,151 in 2001)^[8], which represents approximately 2% of Scotland’s population. Although the overall population of Scotland’s islands has grown, population growth across the Scottish Islands is slower than that of mainland Scotland^[9].

There are six local authorities representing island communities: Argyll and Bute Council, Comhairle nan Eilean Siar/Western Isles; Highland Council; North Ayrshire Council; Shetland Islands Council and Orkney Islands Council. Of these, Orkney, Shetland and Western Isles are entirely island authorities, while Argyll and Bute, Highland and North Ayrshire local authorities cover island regions as well as mainland regions. Na h-Eileanan Siar has a population of 26,120, Shetland Islands has 23,020 and Orkney Islands 22,020^[10].

Only 4% of Scottish Island data zones fall within the most deprived 20% of data zones in Scotland as measured by the Scottish Index of Multiple Deprivation^[11]. For example, in Orkney there are no data zones at all which fall into the 20% most deprived. Great Cumbrae Island contained, on average, the highest number of more deprived data zones, followed by Bute^[12]. Although levels of deprivation on islands may be lower than average, there will still be people experiencing relatively high levels of deprivation and poverty in remote and rural areas. These may be ‘hidden’ and less easily identified as deprivation is more widely dispersed and not clustered, in comparison with urban areas^[13].

There are significant social and economic challenges arising from the location and geography of the island communities which impact on logistics and the cost of living, as well as issues of depopulation and demographic imbalance and the vulnerability of the traditional industries of fishing, weaving and crofting.

Housing

Notwithstanding that the islands are not ranked as very deprived compared with other Scottish regions, the 2019 consultation on the National Plan for Scotland’s islands highlighted that availability of affordable, fit-for-purpose housing on Scottish Islands presents a challenge for island communities. Lack of accessible and affordable housing is associated with various manifestations of rural poverty and general inequality, including homelessness and hidden homelessness. Adequate housing is an internationally recognised human right and forms part of the wider right to an adequate standard of living^[14].

There are some local authority level figures available on levels of rented housing stock although in general, levels of private rented sector and social housing provision and need may differ between different local island communities.

Nationally since 2006-07, people living in the private rented sector have spent the highest proportion of their income on housing (26%) of all the tenures, compared to 24% for social rented and 7% (2019-20) for owner occupiers^[15].

Across all six local authorities representing island communities, a lower proportion of households rent privately compared with the Scottish average of 13% in March 2024. In March 2022, across five out of six local authorities representing island communities, a lower proportion of households rent from the social sector compared with the Scottish average of 23%. The tables on the following page illustrate these points^{[16],[17],[18]}.

Homelessness and island communities

The table below provides a breakdown by local authority of the number of households assessed as homeless/threatened with homelessness for those residing in the islands. This shows that in year end to September 2022 and 2023, 10% or less of all applications in Scotland assessed as homeless or threatened with homelessness were made in the six island/remote and rural mainland local authorities. Of these, a very small number (less than 350 households in a 12 month period) are from (exclusively) island communities.

As shown in the table below, the rate of households assessed as homeless is lower for island local authorities than Scotland as a whole. Of the six island local authorities, only North Ayrshire (which is not solely an island local authority) has more homeless households per 10,000 households (141) than the Scotland figure (126)^[19].

For these reasons, it is possible that the proposed legislation may have less of an impact on island communities than in other areas of Scotland.

We have committed to exploring options around using existing homelessness statistical data collections, such as HL1 and Prevent1 data, collected by local authorities, to monitor impact on data following this legislative change. Work is underway with Scottish Government analysts to consider how the new prevention of homelessness duties can build on the existing framework to provide transparent data on the impact of the duties.

This data will be monitored to evaluate whether there are any unintended consequences or significant detrimental impact on homelessness services as a result of the homelessness duties.

The Scottish Government recently published an evidence review^[20] and we have commissioned research into housing insecurity and hidden homelessness, which is due to conclude later in 2024. This evidence review identified people living in rural areas as one of six groups identified within the literature as having being at potential risk of experiencing hidden forms of homelessness (i.e. being statutorily homeless but not being known to homelessness services). Scottish Government analysts are collaborating with Office for National Statistics, who are investigating novel methods of capturing information on a UK-wide basis about hidden homelessness groups, which will complement the Scottish Government commissioned research. When combined, will give us a much stronger evidence base.

Data measurement and outcomes are also being reviewed as part of SG Communities Analysis’ data review and was the focus of the HPSG Measuring Impact Task and Finish Group, whose final report^[21] published on 27 December 2023.

Consultation

Data has been gathered through public consultation and engagement events during the period 2021 – 2023 and, before that, during the consultation process which informed the PRG recommendations. The PRG consulted with over 100 organisations from a variety of sectors, and no particular impact on the islands was highlighted by those organisations.

The Scottish Government, together with COSLA, consulted on the proposed homelessness prevention duties from 17 December 2021 to 8 April 2022^[22], asking 108 questions about the introduction of new duties on public bodies and landlords to prevent homelessness and changing existing legislation to ensure homelessness is prevented earlier. The consultation responses were published, where approval was received, as was an analysis of the responses^[23]. It is important to note that the views of individuals and organisations that were presented in the analysis may not necessarily be indicative of wider sentiment.

Of the 113 responses received 93 were from organisations, of which 29 responses from local authorities. Five of the six local authorities representing island/rural communities responded to the consultation. Although no questions were asked which specifically related to island concerns, the responses received and issues raised by the local authorities representing island communities were largely consistent with the responses made by other stakeholders. The ability of Integration Authorities and social workers in those areas to ask and act as part of the new duties was highlighted as problematic, and the pressures on housing stock in those areas was flagged.

Scottish Government officials also undertook six stakeholder engagement events in 2022, one of which was attended by representatives from two island/rural local authorities. No concerns specific to the islands were raised.

Partners Crisis, the Cyrenians and the Scottish Frontline Network held three further workshops as part of the work of the HPSG Prevention Duties Task and Finish Group, exploring homelessness prevention practice with frontline workers from the justice sector, health and social care, and those working with children, families and young people. These sessions explored existing practices and sought to understand the changes that might be needed to enable earlier intervention and better joint-working practice in anticipation of the new duties on public bodies to prevent homelessness. The Task and Finish Group published their report^[24] on 30 August 2023 and no concerns specific to the islands were raised either in the report or in the stakeholder engagement sessions.

Regular engagement will continue to monitor the impact of the changes on local authorities and relevant bodies.

Assessment

Our assessment does not identify any unique impacts on island communities.

Demographic

Whilst we appreciate that a duty to ask and act may result in an additional requirement for relevant bodies, this will also be true of communities in mainland Scotland, and we therefore do not consider that island communities specifically would be disproportionately affected by any potential negative outcomes of these measures.

It is difficult to predict whether there will be a significant increase or decrease in the number of people who are assessed as threatened with homelessness/homeless in island communities as a result of the duties. We know Na h-Eileanan Siar, Shetland and Orkney have no areas among the 20% most deprived in Scotland^[25], and most island data zones are amongst the least deprived across Scotland, with 59% of data zones above the 5^th Scottish Index of Multiple Deprivations (SIMD) decile in 2020^[26], so it may be that there will be no/minimal impact on homelessness applications there, for example, but the statistics do not mean there are no people experiencing deprivation, who might by implication be at risk of homelessness, on the islands. As mentioned earlier, poverty in remote and rural areas may be ‘hidden’ and under-represented as deprivation is more widely dispersed and not clustered, in comparison with urban areas^[27].

We know, for example, that fuel poverty is higher in the rural areas than in urban areas (35% of households in rural areas, including the islands compared to 30% of people in urban areas). Additionally, the rate of fuel poverty for remote rural households (47%) is higher than for all other areas^[28]. We know that many of the listed relevant bodies already ‘ask and act’ about a risk of homelessness as existing good practice, so legislating this practice as duty may not result in significantly more applications or assessments for local authorities. It is possible that asking about risk of homelessness upstream, might remove people from the cliff-edge of homelessness and provide relevant support early enough so as reduce homelessness applications and demand on temporary accommodation. This is as true in the islands as elsewhere in Scotland.

If the duties result in an increase in homelessness assessments (carried out by local authorities) in the short-term, some islands may be affected as they are already at capacity in terms of available housing including temporary accommodation. For example, Skye has an acute shortage of temporary accommodation and there are many homeless households considered as ‘Homeless at Home’^[29] while they wait for a permanent outcome.

Economic

There may be economic impact on all areas of Scotland, including the islands.

As across the rest of Scotland, there will likely be resourcing implications including staffing, training and delivery costs, and an increased administrative burden, as we will be asking local authorities and relevant bodies to undertake more activities than they are currently and also to do some things differently. There may be additional pressures on support services, particularly within social security, health and social care, which may prove challenging in small island communities.

There may also be potential savings for local authorities, for example if the duties result in a decreased need for temporary accommodation in the longer term, because people are supported upstream and therefore do not move into homelessness.

Gaelic

There is likely to be no impact.

Social

We do not anticipate there will be a social impact on island communities different to that of the rest of Scotland.

In the longer term, any social impacts may be positive, as the prevention duties will ensure an earlier, more preventative, person-centred, outcome-focused approach is taken to risk of homelessness/homelessness by local authorities and relevant bodies. Earlier intervention, through the ask and act duties, will allow for appropriate support for service users, such as family mediation, debt counselling and so on, thus potentially preventing them from moving into homelessness and the ensuing trauma and indignity which may accompany this.

That said, we do acknowledge existing difficulties of accessing support and services because of geographical spread, which has been flagged through engagement with individuals with lived experience in the rural areas of the Highlands.

Data will be monitored to highlight any adverse impact on the capacity of a local authority to meet their duties. Through regular engagement with local authorities via the Hubs we will discuss local issues and context, and consider support options to mitigate where there may be adverse impacts.

Is a full Island Communities Impact Assessment required?

There is insufficient evidence to indicate that this legislation will put an island community at a disadvantage and that mitigations are required based on current statistics.

Although resourcing and housing stock were highlighted as insufficient in the recent consultation by island local authorities and Integrated Joint Boards, this was not unique to the islands and was consistently indicated as a need by respondents.

A full Islands Community Impact Assessment is not required

In preparing the ICIA, our opinion is that our policy is not likely to have an effect on an island community which is significantly different from its effect on other communities (including other island communities). The reason for this is detailed below.

Based on the evidence available, the impact of the introduction of the homelessness prevention duties and the change to existing legislation is not expected to be significantly different for the island local authorities than for any other local authority in Scotland.

Approved by: Alice Hall

Deputy Director Better Homes