Local connection and intentionality provisions in homelessness legislation: consultation

Section 3: Consultation Questions and How to Respond

1. Commencing the local connection provisions in the Homelessness etc. (Scotland) Act allows Scottish Ministers to modify referrals relating to local connection. The HARSAG has recommended that referrals should be suspended between all local authorities for all groups. Do you think we should:

• Suspend all local connection referrals
• Modify local connection referrals in another way (please give details)
• Not commence these provisions i.e. do nothing

Please explain your answer.

2. Please tell us about any potential impacts of suspending referrals relating to local connection for people who are homeless or at risk of homelessness. Please include any positive or negative impacts.

We are particularly interested in your views on the potential impacts for the following:
(i) People with multiple and complex needs….
(ii) Families with children….
(iii) Other disadvantaged households/groups, including those experiencing poverty and/or material deprivation….
(iv) Local authorities and partner organisations….
(v) Business or third sector organisations…
(vi) People experiencing domestic abuse…
(vii) Others….

3. We propose monitoring the impact of any changes to the local connection legislation through continued collection and analysis of HL1 data. Please give us your views on this.

4. Commencing the intentionality provisions in the Homelessness etc. (Scotland) Act 2003 leads to giving authorities a discretion, rather than a duty, as to whether to investigate whether or not a household is intentionally homeless. Do you think we should:

• Remove the duty on local authorities to assess households for intentionality
• Not remove the duty on local authorities to assess households for intentionality

Please explain your answer.

5. Please tell us about any potential impacts for people who are homeless or at risk of homelessness, of commencing the intentionality provisions in the Homelessness etc. (Scotland) Act 2003. Please include any positive or negative impacts.

We are particularly interested in your views on the potential impacts for the following:
(i) People with multiple and complex needs….
(ii) Families with children….
(iii) Other disadvantaged households/groups, including those experiencing poverty and/or material deprivation….
(iv) Local authorities and partner organisations….
(v) Business or third sector organisations…
(vi) People experiencing domestic abuse…
(vii) Others….

6. Please detail any potential costs that maybe incurred should the local connection and intentionality provisions be commenced.

7. HARSAG recommended narrowing the definition of intentionality to focus only on instances of deliberate manipulation. Please provide your initial views on the advantages and disadvantages of amending the definition. As noted in section 2 we intend to carry out further work on this at a later date and your initial thoughts will help inform this.

8. While we are in a position to commence these provisions in 2019 we would welcome your views about the most effective timing, including reasons for your response.

9. Please give us your views on the impact of these proposed changes on people with protected characteristics (see Annexes E and F for currently available national statistics):

• age
• disability
• gender reassignment
• pregnancy and maternity
• race
• religion or belief
• sex
• sexual orientation

10. In relation to local connection and intentionality provisions in homelessness legislation, please outline any other comments you wish to make, including whether you think there may be unintended consequences (you have not mentioned elsewhere) related to commencing these provisions.