Homeless Persons (Unsuitable Accommodation) (Scotland) Order: guidance

4. Exemptions

4.1 The 2014 Order provides exemptions in which accommodation that does not meet the physical and location standards may be used. Note that the basic standard must always be met. Local authorities may use unsuitable accommodation which does not meet the physical and location standard if one or more exceptions apply.

4.2 Those exceptions are listed in Article 6:

Article 5 does not apply where—

(a) the local authority believes that the applicant may be homeless or threatened with homelessness as a result of an emergency, such as flood, fire or other disaster;

(b) the local authority has offered the applicant accommodation that meets the requirements of article 5, but the applicant wishes to be accommodated in other accommodation that does not meet those requirements;

(c) the accommodation is used wholly or mainly to provide temporary accommodation to persons who have left their homes as a result of domestic abuse and is managed by an organisation which—

(i) is not a public authority or a local authority; and

(ii) does not trade for profit.

(d) the accommodation is owned by a local authority and services relating to health, child care or family welfare are provided to persons accommodated there.

4.3 The 2020/139 Order added a further three circumstances to Article 6 (two are in response to coronavirus only, 6(f) and (g) refer), as well as correcting an anomaly in the 2014 Order, whereby there was an exemption for supported accommodation (6(d)), but only where it was owned by the local authority. Since there is a wide range of supported accommodation which is owned and operated by third sector organisations the 2020 Order will allow local authorities to use supported accommodation that is not owned by them but is providing valuable services to support those who live there.

4.4 However, since 2020/139 was laid in May, three further SSI’s have been needed. SSI 2020/268 was laid in September 2020 and SSI 2021/10 laid in January 2021, to address the extension to the temporary coronavirus exceptions as well as add another modification which means that accommodation that is not suitable can be used in certain circumstances in response to the coronavirus pandemic. Section 4.6 and Annex A of this guidance provides more detail.

4.5 SSI 2020/419 at Annex B removes references to shared tenancies, community hosting and rapid access accommodation from Article 6(e), and instead places them within a new Article 7A.

4.6 Article 6 of the 2020/139 Order now reads:

Article 5 does not apply where—

(a) the local authority believes that the applicant may be homeless or threatened with homelessness as a result of an emergency, such as flood, fire or other disaster;

(b) the local authority has offered the applicant accommodation that meets the requirements of article 5, but the applicant wishes to be accommodated in other accommodation that does not meet those requirements;

(c) the accommodation is used wholly or mainly to provide temporary accommodation to persons who have left their homes as a result of domestic abuse and is managed by an organisation which—

(i) is not a public authority or a local authority; and

(ii) does not trade for profit.

(d) the local authority has secured that the accommodation has been made available and services relating to health, child care or family welfare are provided to persons accommodated there.

(e) removed via the Homeless Persons (Unsuitable Accommodation) (Scotland) Amendment (No.2) Order 2020 (2020/419)

(f) a person in the household has symptoms of coronavirus and the household requires to isolate (expires on 30 June 2021^[1]); or

(g) the accommodation is required to provide temporary accommodation to ensure that a distance of 2 metres can be maintained between a member of the household and a person who is not a member or the household in order to prevent the spread of coronavirus (expires on 30 June 2021^[2]); or

(h) the following conditions are both satisfied—

(i) the local authority is unable to place the household in suitable accommodation as a result of the impacts of coronavirus on temporary accommodation supply in the area; and

(ii) the household does not include a dependent child or a pregnant woman (expires on 30 June 2021^[3]); or

(i) the following conditions are all satisfied—

(i) the local authority is unable to place the household in suitable accommodation as a result of the impacts of coronavirus on temporary accommodation supply in the area;

(ii) the household includes either, or both, a dependent child or pregnant woman; and

(iii) the local authority provides the household with accommodation which does not meet the requirements of article 5 for no longer than 7 days in total in respect of that household’s application.. (expires on 30 June 2021^[4])

4.7 We will look at each of the Article 6 circumstances in turn to help provide more clarity on what each means and, where possible, cross refer this to the Code of Guidance (CoG) on Homelessness.

4.8 Article 5 of the 2020 Order does not apply where—

6 (a) the local authority believes that the applicant may be homeless or threatened with homelessness as a result of an emergency, such as flood, fire or other disaster.

Section 8.17 of the CoG states:

‘Exception 6(a). Where a local authority has reason to believe that an applicant may be homeless or threatened with homelessness as a result of an emergency such as a flood, fire or other disaster. The use of unsuitable accommodation is not subject to a time limit in this case’.

4.9 Article 5 of the 2020 order does not apply where-

6 (b) the local authority has offered the applicant accommodation that meets the requirements of article 5, but the applicant wishes to be accommodated in other accommodation that does not meet those requirements.

Section 8.18 of the CoG states:

‘Exception 6(b). Where the local authority makes available accommodation which meets all the standards and the applicant expresses a wish to be placed in unsuitable accommodation. This is not subject to a time limit. The purpose of this is to allow for the fact that some applicants may choose to stay in unsuitable accommodation if it offers other advantages, for example proximity to family or employment. In this circumstance the applicant must have been offered suitable accommodation by the local authority - there must have been a genuine choice made available to the applicant. In addition, this must be an informed and uncoerced decision by the applicant, it must be subject to regular review, and the applicant must have had access to independent housing advice before making the decision. Note that the standards set out in Annex A must still be met’.

Section 8.19 of the CoG goes on to advise:

‘Councils should ensure that the household has sufficient time to consider whether or not they wish to stay in the unsuitable accommodation. For example, contacting the family within two days of the 7 day deadline for them to leave, and asking whether or not they want to stay or not, may not give enough time for the family to consider the offer of suitable accommodation, and obtain independent advice to inform their decision. Best practice would suggest that on the point of entry to the unsuitable accommodation, the household's options are explained to them, and they can spend the 7 days accessing housing advice and considering those options’.

4.10 Article 5 of the 2020 order does not apply where-

6 (c) the accommodation is used wholly or mainly to provide temporary accommodation to persons who have left their homes as a result of domestic abuse and is managed by an organisation which—

(i) is not a public authority or a local authority; and

(ii) does not trade for profit.

Section 8.20 of the CoG states:

‘Exception 6(c). Where the accommodation is used wholly or mainly to provide temporary accommodation to persons who have left their homes as a result of domestic abuse and is managed by an organisation which is not a public authority or a local authority; and does not trade for profit. The purpose of this is to allow accommodation such as women's refuges which may not meet all the standards but which nevertheless offer other advantages to the household.

4.11 Article 5 of the 2020 order does not apply where-

6 (d) the local authority has secured that the accommodation has been made available and services relating to health, child care or family welfare are provided to persons accommodated there.

Section 8.21 of the CoG refers to the 2010 version of the Order and explains:

‘Exception 6(d). Where the accommodation is owned by a local authority and services relating to health, child care or family welfare are provided to persons accommodated there. The purpose of this is to allow local authorities to continue to use accommodation which may not meet all the standards but which nevertheless offers other advantages to the household. Some LA-owned accommodation has associated services and many LAs consider it preferable for households to stay in such accommodation if they have issues which can be addressed through these support services’.

4.12 As mentioned earlier in this section, the 2020 Order corrects an anomaly on Article 6 (d) of the Order. Whereby the original exemption covered supported accommodation, but only where it was owned by the local authority. As there is a wide range of supported accommodation which is owned and operated by third sector organisations, the 2020 amendment will allow local authorities to use supported accommodation that is not owned by them but is providing valuable services to support those who live there.

4.13 Supported accommodation can be delivered in line with the prescribed circumstances contained within the Homeless Persons Interim Accommodation (Scotland) Regulations 2002 and provides a safe, transitional housing option when people can’t or don’t want a mainstream tenancy of their own and benefit from the reassurance of having access to onsite support that is both planned and responsive.

4.14 Supported accommodation is often congregate style accommodation with a high level of on-site support, with residents often having their own bedroom and bathroom within a larger building, with cooking, eating, and living areas often shared with other residents. The accommodation will often deliver high standards of psychologically informed environments that actively promote the emotional and psychological wellbeing of residents which can include the creation of agreed house rules such as visitors’ policies and curfews.

4.15 Additionally, as with all homeless households, those in supported accommodation will benefit from a detailed support needs assessment, tailored support plan which will be periodically reviewed, common elements of which include consideration of general health and wellbeing, budgeting, substance use, training and employment, community connections and overall preparation for tenancy sustainment.

Additional exemptions

4.16 Article 7A of the SSI (Homeless Persons (Unsuitable Accommodation) (Scotland) Amendment (No.2) Order 2020) (2020/419) at Annex B, sets out the circumstances in which shared tenancies, community hosting and rapid access accommodation can be deemed to be suitable and only where the express consent of the homeless household has been given to be placed in accommodation of this type.

4.17 The decision to include these accommodation models as exemptions to the Unsuitable Accommodation Order was in direct response to the feedback received to the consultation on improving Temporary Accommodation Standards. Responders recommended other types of temporary accommodation should be included in the Order as suitable now that it extends to all homeless households. The additional types of accommodation are suitable under certain circumstances and for specific homeless households only.

4.18 Article 7A makes it explicitly clear that shared tenancies, community hosting and rapid access accommodation are never suitable accommodation options for families with children, pregnant women and households where a person who exercises parental rights in respect of a dependent child who is not part of the household.

4.19 Article 7A of the Order now allows other accommodation model options that should be considered by local authorities as part of their homelessness portfolio and can broaden the options available to some homeless households. As the specific need of one household will vary considerably from another, these options should be carefully considered and applied and only when there is agreement with the homeless household that this is the most suitable option available for them.

4.20 This approach closely aligns with the Housing Options process that starts with housing advice when someone approaches a local authority with a housing problem. This approach means looking at an individual's options and choices in the widest sense. It features early intervention and explores all possible tenure options, including council housing, RSL's and the private rented sector.

4.21 The detailed delivery of Housing Options is dependent on local circumstances. How Housing Options is delivered will legitimately differ from one local authority area to another. However, Housing Options should be founded on a number of principles that are common to its delivery throughout Scotland's local authorities and Housing Option guidance provides the common principles and the overarching framework of Housing Options delivery.

4.22 Chapter 9 of the CoG provides guidance on the scope of the LA’s advice and assistance duties and links into the Housing Option guidance already mentioned above. The principles for good quality provision of appropriate accommodation include:

• Equal opportunities - by meeting the needs of the whole community, all of the protected characteristics under the Equalities Act 2010 regardless of tenure, location, and particular needs.
• Accessibility - by being available to all and provided in locations and using methods and forms of dissemination that are appropriate to particular needs.
• User-centred services - by ensuring that advice puts the needs of the service user first and is free of the views, prejudices or vested interest of the adviser or agency.
• Choice - by offering as far as possible a range of providers, including at least one that is independent of the providers of housing services, which can advocate on behalf of service users.

4.23 We will now discuss what is meant by each of three types of accommodation mentioned and case studies have been provided to aid understanding. Research shows that women often experience increased vulnerability and exploitation when faced with mixed sex temporary accommodation. This is particularly prevalent when women were in vulnerable situations such as recovering from abuse or addiction or recently released from prison. Therefore local authorities should ensure that service generated risks of gender based violence are recognised and prevented when considering placement in any model of temporary accommodation.

Shared Tenancy Accommodation

4.24 Shared tenancy is a model of temporary accommodation that should be considered by local authorities now that the UAO is extended to all homeless household groups. Applicants need to agree that they are prepared to share small scale temporary accommodation, such as a temporary furnished flat, before they are placed there. In addition applicants should be involved in the decision process of who they will share the accommodation with, and there needs to be discussion about the placement being appropriate for that individual, based not only on support needs but also with regards to gender, age, and other protected characteristics.

4.25 The legislation specifically sets out that there should be a maximum number of 5 people sharing a property under this model. To date most of the local authorities that have tested this model have done so based on two people sharing. One local authority has a property with a maximum of 5 people sharing. Where more than 2 people share then HMO (Houses in Multiple Occupancy) licensing applies. It is best practice to ensure that any accommodation that is being shared even by 2 tenants meets all of the relevant safety standards.

4.26 The LA’s already using the shared tenancy model advised that identifying and matching prospective tenants is key to the success of the model and that shared tenancy is one of a range of options that are discussed with applicants as part of Housing Options interviews, with suitability for sharing being assessed by Housing Options Officers. They then have a full discussion with the client on the benefits and potential issues involved in sharing. The final decision on whether to accept sharing rests with clients and clients are entitled to refuse this accommodation option without this being classed as the LA having discharged its duty. More information is available at the Case Studies provided later in this section.

4.27 The accommodation used for Shared Tenancy should be of a good standard and the CoG provides a set of advisory standards to be applied by local authorities to their temporary accommodation. For ease of reference Annex D of this guidance provides a copy of the published advisory standards.

4.28 In Shared Tenancy accommodation, each resident should have their own bedroom (with a lockable door for privacy) with access to a kitchen, bathroom and general living space. The Shared Tenancy model specifically excludes any accommodation that is large scale and congregate in nature such as a hostel, due to the 5 person limit.

4.29 Shared Tenancy should not be confused with ‘shared accommodation’ or ‘shared house’ which are terms that are sometimes used to describe larger scale congregate accommodation with shared facilities.

4.30 The key elements of the Shared Tenancy Accommodation model include:

• Has no more than 5 people sharing accommodation
• Each person has own private bedroom (with a lockable door)
• Has access to shared kitchen, bathroom and living space
• Meets relevant accommodation standards (See Annex D of this guidance)
• Is furnished
• Is accessible 24 hours a day
• Has an appropriate Occupancy or Tenancy agreement in place
• The client has explicitly given their consent to share this type of accommodation
• The client is involved in the decision process of who they will share the accommodation with

4.31 Shared Tenancy offers potential benefits for both local authorities and residents. Where local authorities include the Shared Tenancy model in their housing strategy this will increase the choice of options available for homeless households, which may help towards addressing temporary accommodation supply issues. The Shared Tenancy model may provide residents with access to more affordable rent levels, support and companionship whilst in temporary accommodation.

4.32 Whilst Shared Tenancy accommodation must provide adequate toilet and personal washing facilities in most cases these will be shared with the other residents who have agreed to share the accommodation.

4.33 To help understand how Shared Tenancy works in practice the following case studies have been provided by local authorities who are currently using this model.

Case Studies - Shared Tenancy Case Studies A to C

A. Highland Council

Highland Council has a programme to reduce the use of HMO-type accommodation as a response for homeless persons and households.

One part of the response to meeting current and future demand for suitable temporary homeless accommodation is the development of temporary shared tenancies for no more than two single homeless persons, while they wait for a permanent offer of housing.

Highland Council currently has 22 council houses or flats being used as shared tenancies, with a maximum capacity of 44 single homeless applicants. Sixteen properties are in Inverness and six in Ross-shire.

The properties are a mix of 2 bedroomed flats and 3 bedroomed houses and flats.

Each property is fully furnished, including white goods, microwave, beds and bedding and vacuum cleaner.

The main benefits of the scheme for clients are:

• They will only ever be sharing with one other person
• Most properties have access to outdoor garden space
• A homelier setting than larger scale HMO accommodation
• Support and companionship while in temporary accommodation
• Reduced rent liability and improved affordability, particularly for clients in employment.

Identifying prospective tenants is key to the success of the model. This is discussed with applicants as part of Housing Options interviews. Suitability for sharing is assessed by Housing Options Officers (HOOs). They then have a full discussion with client on the benefits and potential issues involved in sharing.

Once sharers are identified and agreeable a HOO will meet them in a local cafe or other informal setting to get to know each other and discuss sharing. The final decision on whether to accept sharing rests with clients.

Each client pays a 50% share of the standard rent and service charges for the property.

If one client moves on to a permanent tenancy, then the remaining tenant is only charged their 50% share of rent and service charges. The matching exercise would then start again to find another suitable client to share the property.

Examples of Highland Council Accommodation

The shared tenancy in Windsor Place, Conon Bridge is a three-bedroom end terraced house taken out of the Council’s mainstream stock for use as temporary accommodation by two single people. The property has a large lounge and separate dining area, a bathroom and separate WC, and an additional third bedroom which was set up as a second lounge so both residents had access to a separate, private space for visiting family or friends. The property was fully furnished by the Council, including white goods, microwave, beds and bedding, vacuum and a television. Each of the tenant’s bedrooms has a combination key pad on the door for privacy.

Rent, Council Tax and Service Charges

The rent liability for each of the two tenants comprises of:

• One half of the rent for a mainstream three-bedroom house
• One half of the Council’s standard Homeless Service Charges for self- contained temporary accommodation
• One half of the Council Tax liability for a three-bedroom house in Highland
• One half of the estimated energy usage for a three-bedroom house
• One half of a TV licence.

At the time of writing, this worked out at £101.01 per week for each tenant in Windsor Place. This compares with £168 - £245 for a single room with shared facilities within an HMO.

Sign-up

A sign-up was arranged at the property with both parties and their respective HOOs. The Council’s Shared Tenancy Agreement was used and the terms and conditions of the tenancy explained fully, including each tenant’s rent liability.

An example of an Occupancy Agreement is available at Annex F of this guidance.

Housing Support

Housing Support referrals were made when required. The tenancy would also be supported by both tenant’s Housing Options Officer as well as one of the Council’s Homeless Caretakers, who visit the property on a monthly basis to catch up with the tenants.

Conclusion

Highland Council created its first Shared Tenancy in May 2018 and has developed and expanded such homeless provision over the last two years. In the Council’s experience to date, shared tenancies provide high quality temporary accommodation at a lower cost to the tenant and / or the Council (via reduced Housing Benefit subsidy).

In this case study example, both sharing tenants benefited from the peer support that they received from one another in the tenancy which added to the normal housing support which they each received during their homeless journey. The benefits of this was something that both tenants remarked upon during service user consultation.

We consider shared tenancies as a better response for single homeless persons than more expensive HMO room type accommodation. Young homeless clients with no previous tenancy experience become more confident and experiences in normal activities in a shared property than they would in HMO-type accommodation, and due to successful tenant matching, shared tenancies are a more supportive and enabling environment for client’s

B. Aberdeenshire Council

Aberdeenshire Council started to consider shared accommodation in response to a review of temporary accommodation and its affordability. There was also a drive to move away from using Bed and Breakfast (B&B) accommodation. With the introduction of the shared accommodation rate for housing benefit and universal credit, it was clear that sharing could be seen as a reasonable solution for people.

• Following discussions with the LA Housing team, a decision was taken to pilot the shared accommodation model for use as temporary accommodation rather than using it for a permanent solution.
• The accommodation identified were two-bedroom council owned properties.

This decision was taken to avoid HMO licensing requirements and hoped that there would be less management issues with only two people sharing. This would also allow for two people to be accommodated with use of only one property relieving some of the pressure on temporary accommodation across the area and ultimately eliminate B&B use.

As at 30^th June 2020, Aberdeenshire Council had 16 shared properties which could accommodate a maximum of 32 people. The properties are spread all over the Aberdeenshire area.

Properties are selected using the following criteria

• 2-bedroom properties – each with lockable doors and similar size bedrooms
• Communal areas of kitchen, bathroom and living room. It was agreed not to add locks to kitchen cupboards
• Garden areas are maintained by the Council
• Properties are fully furnished with everything required to live there including kitchen crockery.

The main benefits of the scheme for clients are:

• They would not be living in B&B accommodation with a large number of other people so they will only ever share with one other person
• Most properties have access to outdoor garden space
• Support and companionship while in temporary accommodation. This has proven beneficial for those learning tenancy skills
• More affordable rent levels, particularly those under 35 and for those in employment by setting rents at local LHA rates.

Matching tenants

During the initial set up of the model, a lot of time was spent discussing and coming up with how tenants for shared accommodation would be matched.

It was agreed that each potential tenant would be risk assessed. Once two applicants requiring temporary accommodation were identified as having no major concerns or behaviours, the pair would be placed together as would happen if the Council were still using B&B.

An offer of a shared temporary tenancy is seen as a reasonable offer of accommodation.

Each tenant is given their own occupancy agreement, so they are not expected to take a joint and liable approach to rent and other tenancy conditions. It also allows for flexibility as each tenant moves on to their permanent tenancies.

Rent is charged at the Local Housing Allowance shared accommodation rate per tenant, per week and includes council tax and utilities costs. This removes any complications on tenants arranging for bills to be paid. If a tenant is claiming benefit, they will have to pay towards the utilities, water and sewerage elements of the rental charge. This is broken down in their occupancy agreement.

The Accommodation Officer works with tenants at the start of the tenancy. They will provide regular support until they are comfortable the arrangement is working. Further support can be put in place where necessary. This allows for any issues to be dealt with quickly and efficiently and to help tenants settle in.

To date, there have been no major management issues relating to people sharing. Any issues reported, would have been present whether the person was sharing or not. In some cases, management issues didn’t occur until a tenant was living in the property on their own.

The scheme has been successful so far and has led to a reduction in use of B&B in the area.

C. City Edinburgh Council

Edinburgh run Shared Tenancy accommodation which they call Home Share, which is a pilot that has been trialled by CEC since June 2019. It offers an alternative to Shared House and Bed & Breakfast, with four to five residents sharing a house in the community. It is cheaper than Shared House and allows residents more independence and an easier work life balance particularly when working shifts and dealing with their care responsibilities with children.

The criteria to access Home Share in Edinburgh is:

• over the age of 30;
• in employment; and
• no low/support needs.

As an additional measure to reduce any potential risk, candidates also need to be in temporary accommodation to ensure that up to date information on the suitability of candidates for the scheme can be established.

At present, there are six properties being used for Home Share with a total of 26 bedrooms, with properties across the city. There are currently two females in Home Share properties with both females living in the same Home Share in a five-bedroom property.

In a Home Share property:

• Each resident shares the kitchen, bathroom, living room and dining area as well as the garden if available.
• Each resident has their own bedroom.
• Each resident has an occupancy agreement.
• The accommodation provider will assist with repairs, maintenance, keys and related issues to the property.
• All residents are responsible for cleaning their own rooms, bed linen etc.
• All residents are responsible for cleaning communal areas.

The case study below provides more details on one of the properties used as Home Share in Edinburgh.

Home Share Case Study in South West Edinburgh

Accommodation

This property is a four-bedroom, mid terrace property with a large back garden. Each resident is given a front door key and a key for their own bedroom. The property has a large lounge and separate dining area, and a bathroom. The property was fully furnished by the accommodation provider, including white goods (fridge freezer, washing machine), microwave, beds and bedding, vacuum and a television. Each resident was given a front door key and a key for their own bedroom for privacy. The accommodation provider assists with repairs, maintenance, keys and related issues to the property. All this information is provided in a welcome pack which each resident was given before moving into the property.

Home visits & Property Inspections

To ensure the accommodation remains in the required condition, Temporary Accommodation Service staff routinely visit the property to carry out required health and safety checks. Housing Officers from Temporary Accommodation Service also carry out occasional checks on the property.

Each property has an allocated Housing Officer from the Home Share team who undertake most visits. The accommodation provider has legal requirements to undertake property inspections e.g. fire alarm, gas and electric testing. Residents were advised when they moved in that the accommodation provider would liaise directly with them to arrange and confirm inspections.

Key and Door Security

There are no staff on site, so residents are responsible for their own keys, if a resident loses their key they have been advised to contact the accommodation provider. There may be a charge to cover costs of any replacements. The residents are advised to make sure that front and back doors are locked if no one is in the accommodation.

Visitors, Children and Overnight guests.

Visitors are allowed in the accommodation, but residents are advised to be considerate to other residents. Other residents in the house may be working shifts and will appreciate it if noise is kept to a minimum during the times they have to sleep. Any visiting children are completely the residents’ own responsibility and should not be left unattended. Children are not allowed to stay overnight. Residents have been instructed that overnight guests should only sleep in their own bedroom and not in any communal areas. Overnight guests should only stay a maximum of two nights a week.

Conclusion

Home Share has been positively received by residents. Feedback was sought from Home Share residents in October 2019 via a questionnaire. Residents reported that this model allows them more independence and a better work life balance, particularly when working shifts and dealing with their care responsibilities for children.

Community Hosting

4.34 There are a variety of different models of Community Hosting, including Nightstop, Home Share, Shared Lives and supported lodgings. Some of these are “franchised” schemes operated by a particular provider^[5]. This type of temporary accommodation is an option that may be considered by local authorities now that the UAO will cover all homeless groups, as single people and adult households have different needs to those with children and it follows the accommodation to meet the needs of each household group will vary.

4.35 Community Hosting will not be suitable for every homeless household group but is an option for some depending on their circumstances. It is often used to support individuals at a point of crisis, who do not necessarily have wider support needs. This type of accommodation could be suited to individuals with high support needs, but that would depend upon what the facilities available in the local authority area. As with any type of accommodation offered by a local authority this model as an option could be discussed with applicants as part of Housing Options interview.

4.36 The key elements of the Community Hosting model are:

• Assessment takes place to ensure that Community Hosting type of accommodation is the correct model for the person.
• Host and person are matched.
• The person agrees to be placed with a host.
• Access to own bedroom that is safe, insured and good standard (Annex A of the CoG refers) accommodation on a flexible basis.
• Accommodation hosts are vetted, registered and have had appropriate training (including equality training) and have a full PVG check.
• General support is provided to the person and host throughout the stay in the accommodation.
• The Community Host organisation supports the person during the day whether that be to attend school, college or work or undertake other daytime activities to address relationships, health, education and employment.

4.37 Whilst Community Hosting accommodation must provide adequate toilet and personal washing facilities, in most cases these will be shared with the host. In addition, some community hosting models such as Nightstop provide overnight accommodation only and are therefore not accessible 24 hours a day.

4.38 To help understand how Community Hosting works in practice, a case study has been provided by Rock Trust who use various models of Community Hosting. While there can be complex issues that need to be dealt with concerning the homeless person, nevertheless it is not a high risk situation and often results in a better outcome for the homeless individual as they are placed in ordinary family like environment, are semi-independent and can access support throughout their stay.

Community Hosting Case Study

Rock Trust deliver an immediate access, short term community hosting service for young people in Edinburgh and West Lothian using the Nightstop model. There are now more than 30 Nightstop projects being delivered in the UK and the Nightstop Network is led by DePaul UK. The Nightstop model of community hosting offers young people, aged 16-21, who are homeless or at risk of homelessness a safe space in a family-like environment. It forms part of the Rock Trusts preventative services, offering some time out in a safe supportive space to think, reconcile relationships or to plan the next steps.

Nightstop involves a team of trained and vetted community volunteer hosts who are willing to open up their homes to provide each guest with a private bedroom, three meals per day and a listening ear (should the young person wish to talk). Guests are hosted for a period of 1 night to 2 weeks, during which time Rock Trust will support them to either return home or secure appropriate move-on accommodation. Many of the Nightstop Hosts work full time, they provide a dinner to breakfast service for the young people with young people leaving when they do in the morning and returning at an agreed dinner time or curfew. During the day young people will continue to attend school, college or work as normal or will be supported by the Rock Trust and their partners to undertake other daytime activities to address relationships, health, education and employment.

Community hosting offers an safe, supportive alternative to other forms of emergency accommodation, both to prevent young people from becoming homeless in the first place, and to help those who have found themselves having to sleep rough.

How it works –

1. Young people can access Nightstop by coming to the Rock Trust directly. In many cases they will be referred by the housing office, school, social work and other service providers.

2. A Rock Trust project worker meets the young person and works out with them if Nightstop is the best way to help them, or whether they need another type of support.

3. If Nightstop is the most appropriate solution, the project worker and the young person discuss the potential hosts to find a match and the worker will contact them to see if they can stay with them.

4. The project worker goes with the young person to the host’s home to help them settle in.

5. The young person stays with their host for as long as is needed, whilst simultaneously accessing appropriate support from the Rock Trust, usually the stay is around two weeks.

6. Rock Trust help the young person with their next steps, depending on their circumstances, this could be helping them re-unite with their family, accessing appropriate temporary accommodation, or preferably long-term accommodation.

Where hosts are trained and supported, they may be able to offer longer term stays, in a supported lodgings style service. This can enable young people the stability they require to finish the school year and their exams or to maintain their employment whilst they resolve their homelessness.

Rapid Access Accommodation

4.39 The joint Scottish Government and COSLA Ending Homelessness Together Action Plan aims to eradicate rough sleeping and transform temporary accommodation. One of the key actions was to embed a ‘no wrong door’ approach and build links between frontline service providers across public services to ensure they understand the need to be part of the solution to solving homelessness for people, what actions they can take, and how this can contribute to key outcomes in their service areas. This will ensure people know where to get help, and can access support that meets their needs and puts them back on track.

4.40 The top priority when supporting people who are rough sleeping, or at risk of rough sleeping is to get them into accommodation and ensure that they are able to access the specific support that they need and Rapid Access Accommodation (RAA) aims to do that. Many of those that sleep rough experience mental health and addiction issues and these are often combined with other complex needs as a result of previous trauma, including adverse childhood experiences, and this can mean it is difficult to maintain engagement including carrying out a homelessness assessment. Engagement can be aided through the use of psychologically informed environments.

4.41 In local authority areas where they do not have rough sleepers, another model similar to RAA is in place as part of their temporary accommodation options. Immediate and short term emergency accommodation and support is provided in response to people who are homeless, not necessarily rough sleeping. Like the rapid access model there is minimal assessment carried out pre-referral and a homeless presentation/assessment is not required prior to accessing the service.

4.42 This temporary accommodation is predominantly used for single individuals, although other household types on a very small scale can be accommodated occasionally with priority for move on, is open and accessible 24 hours/7 days, with individuals receiving a housing assessment the next working day after placement.

4.43 The key requirements of the RAA model are:-

• Direct access to emergency temporary accommodation for rough sleepers and those at risk of rough sleeping without the need to complete a full homelessness application and assessment in advance
• A safe, furnished, private lockable bedroom, of a good standard
• Access to, or referral to, homelessness assessments that may take place on- site
• Access to a range of specialist support services
• Staffed by specialists with experience of dealing with complex needs
• That people are allowed to stay for as long as they need to stabilise their situation and receive the support they need to help them to move on to alternative temporary or settled accommodation

4.44 Whilst RAA is not a hostel, night shelter accommodation or a dormitory, it must provide a private lockable bedroom, in which someone can sleep and store belongings. Adequate toilet and personal washing facilities may be shared with other residents. RAA is intended to be as short-term as possible based on the best interests of the individual, and long stays because nothing else is available is not acceptable. Lengthy stays in this type of accommodation can be extremely detrimental to people’s mental health and progression.

Rapid Access Accommodation Case Studies

City of Edinburgh Council

In Edinburgh, the Council in partnership with the Scottish Government developed the first RAA for rough sleepers in December 2017. RAA is a service that can only be accessed by street-based outreach workers and is accessible 24 hours per day, 365 days a year, with support provided on site by partner agencies. For the purposes of the Edinburgh RAA this is to help those that are rough sleeping, where rough sleeping is understood to mean “The most extreme form of homelessness. It means people sleeping outside or anywhere not designed for human habitation for example parks, cemeteries, doorways or carparks”.

Due to the success of their RAA in supporting vulnerable people in the city service Edinburgh now has 68 rooms (76 bed spaces) available in the city across 3 sites. All of the RAA accommodation has a partner agency that provides support to the residents. The services are Hopetoun House – Streetwork, the Pleasance – Salvation Army and Spring Gardens – Your Home.

A range of supports are provided within RAA. These include but are not limited to:

• Income maximisation
• Support to obtain ID
• Assistance to open a bank account
• Support to register and bid for housing
• Referrals to rehabilitation services
• Support to access specialist services

Each service operates with a high tolerance no barring policies to maintain engagement with vulnerable service users. Support providers will assist re-housing officers around contact with service users to ensure their housing application is kept live, to avoid lost contact and the need for future representation.

All services ensure that rough sleepers can leave the street and stay in RAA for however long it takes to stabilise and engage with support and alternative accommodation services. A total of 301 people have been supported across the three RAA services since they opened. This includes 212 single males, 75 single females and seven couples.

All properties have high occupancy rates ranging from 92 – 99%, with average lengths of stay ranging between 28 and 50 days. The Hopetoun RAA service is now specifically for women. This change came as a direct result from feedback from vulnerable women who highlighted female only accommodation would be a safer option; resulting in slightly lower occupancy due to holding vacancies specifically for women.

All the services have produced excellent numbers of positive outcomes for residents ranging between 60 – 70%. A positive outcome would include:

• Move to supported or alternative temporary accommodation
• Accessing long term supported accommodation
• Move to a private rented tenancy
• Housing First tenancy
• Accessing or returning to social tenancy.

The service is currently undertaking research which includes case studies to highlight the positive impact of these services on vulnerable people’s lives who previously did not access services. An early example of the type of information contained in the case studies relates to a service user with additional mental health issues, with a history of offending who prior to accessing RAA had 33 temporary accommodation placements over a 3-year period and had a history of rough sleeping and challenging behaviour entered RAA in January 2019. Since then they have stabilised, have had continuous supported accommodation and is now being referred for a Housing First tenancy.

Similarly, another service user with a history of mental health and addiction issues, who had also been the victim of domestic abuse accessed RAA in December 2018. It was established that they were sleeping rough following gatekeeping issues in their tenancy. This service user remained in RAA for 6 months and is now in a supported flat and actively seeking a sheltered housing property now they are stable.

Most service users have an active substance abuse and/or mental health issue. To further develop support services for residents who are leading a chaotic lifestyle, Edinburgh Council has developed a link worker model in partnership with the Scottish Government.

The link worker will provide housing options advice and a homeless assessment for residents if required on site, rather than requiring service users to make and keep an appointment at a locality homelessness service. This service is vital in ensuring that the Council can statutorily assess and support people with recent experience of rough sleeping who are likely to have a range of complex needs and a history of non-engagement with services.

South Lanarkshire

The First Stop model in South Lanarkshire is used specifically to provide emergency accommodation and support and forms a small but significant part of South Lanarkshire Council’s temporary accommodation portfolio.

At First Stop minimal assessment is carried out pre-referral and a homeless presentation/assessment is not required prior to accessing the service. It is an immediate and short term response for people who are homeless and is the first solution for some. First Stop is not just aimed at those rough sleeping as there is little instances of this in South Lanarkshire, but rather a preventative resource for people who are roofless or may be at the risk of sleeping on the streets.

First Stop is predominantly for single individuals, although other household types on a very small scale can be accommodated occasionally with priority for move on , is open and accessible 24 hours/7 days, with individuals receiving a housing assessment the next working day after placement.

The properties used reach across 4 geographical areas and are provided and managed by either the local authority and/or 3rd sector organisations/charities.

South Lanarkshire has now leased university student accommodation, increasing the supply of First Stop, which will be managed by the Salvation Army as a short term response to increased demand for temporary accommodation linked to the outbreak of covid-19.

The majority of projects are staffed 24 hours and deliver general advice and support and housing access, people have their own living space with some shared facilities like kitchen.

Rapid Rehousing Welcome Centres

4.45 We know that some form of emergency accommodation is always likely to be needed, but we want to ensure that this type of accommodation is short term, appropriate and of a good standard.

4.46 Part of the updated Ending Homelessness Together Action plan published in October 2020 included actions to modify night shelter provision and end the use of night shelter and dormitory style provision in future. To support this transition, rapid rehousing welcome centres are being established to replace night shelters and provide an under-one-roof and multi-agency triage service to people experiencing the most acute forms of homelessness. This could also provide rapid access to Housing First where required.

4.47 Where there is no alternative option, welcome centres will provide emergency accommodation and a bed for the night, as well as support to enable guests to move on to preferred accommodation as quickly as possible – and ideally within 24 hours.

4.48 Rapid Rehousing Welcome Centres can be included in the definition of rapid access accommodation as both models of accommodation provide similar services in that people using the centres will be offered targeted support, including for wellbeing, health and social care issues, legal rights, employment and welfare.

Monitoring and Compliance

4.49 Local Authorities currently complete statistical information which include how often they use, and how long a household is placed, in unsuitable accommodation. The capture of this information will continue so that it can evidence which local authorities are in compliance of the extended UAO and also the local authorities that are in breach and the reasons behind the breaches.