Homelessness prevention: business and regulatory impact assessment

Regulatory and EU Alignment impacts

The change proposed is that the role of relevant bodies is more proactive in preventing homelessness than outlined in legislation in other parts of the UK establishing that they should ‘ask and act’ to prevent homelessness rather than only referring or cooperating with local authority housing departments. This means asking about housing situations and acting within their own powers to prevent homelessness where possible, as well as referring to and cooperating with local authorities (and other relevant bodies) where necessary.

More broadly, Scotland already has strong housing rights for people that are homeless, with a right to settled accommodation. The change that local authorities should act sooner and take reasonable steps to prevent homelessness will complement and further strengthen the statutory framework for addressing and preventing homelessness in Scotland.

Intra-UK Trade, International Trade and EU alignment

The introduction of the legislation is unlikely to impact on intra-UK trade, international trade or Scottish Government’s policy to maintain alignment with the EU.

Scottish Firms Impact Test

No impact is anticipated on small firms or international trade and investment.

Competition Assessment

We have applied the Competition and Markets Authority (“CMA”) Competition Filter questions and find there will be no impact on competition.

Using the CMA Competition Filter questions we have concluded that the proposals will neither directly or indirectly limit the number or range of suppliers, limit the ability of suppliers to compete or reduce suppliers’ incentives to compete vigorously.

Will the measure directly or indirectly limit the number or range of suppliers?

No.

Will the measure limit the ability of suppliers to compete?

No.

Will the measure limit suppliers’ incentives to compete vigorously?

No.

Will the measure limit the choices and information available to consumers?

No.

Consumer Assessment

This policy and its impact will mean that households that are threatened with homelessness, or that are homeless, will be supported sooner and more holistically.

Does the policy affect the quality, availability or price of any goods or services in a market?

No.

Does the policy affect the essential services market, such as energy or water?

No.

Does the policy involve the storage or increased use of consumer data?

No.

Does the policy increase opportunities for unscrupulous suppliers to target consumers?

No.

Does the policy impact the information available to consumers on either goods or services, or their rights in relation to these?

No.

Does the policy affect routes for consumers to seek advice or raise complaints on consumer issues?

No.

Test Run of Business Forms

No new business forms are expected to be introduced as a result of the instrument.

Digital Impact Test

These changes will not have an impact on advances in digital technology or its future delivery.

Legal Aid Impact Test

These changes will not have an impact on the legal aid fund. Individuals already have rights to appeal a homelessness decision, which they can do by asking for a review within 21 days of receiving a decision. A public body such as a local authority can also be brought to judicial review to review the legality of administrative decisions.

Enforcement, Sanctions and Monitoring

It is our intention to work with relevant bodies to identify how to best utilise existing regulatory frameworks and review procedures in relevant bodies to support the prevention duties. The Scottish Housing Regulator has an existing statutory role to monitor local authority compliance with their requirements and works strategically with other regulators. We will look to build on that. For local authorities, the existing review and appeals systems that apply to existing homelessness decisions will also apply to the new duties.

The Scottish Government is currently undertaking a review of their homelessness and homelessness prevention data collections. The review aims to ensure collection content is up to date and fit for purpose, and flexible enough to respond to changing data needs. The review will focus on the collection of data from local authorities to begin with, but linking to any new duties introduced there may be scope to widen this, to identify if and what data can be incorporated from relevant bodies. Work will also be informed by the recommendations of the Outcomes and Measurement Task and Finish Group,^[26] set up by the HPSG.

In addition to this quantitative data, regular engagement with local authorities directly and via the Housing Options Hubs, as well as with COSLA and ALACHO, and other stakeholders will provide an opportunity to raise concerns throughout the process. Where evidence demonstrates that mitigation is necessary, this will be explored. We do not anticipate a need for sanctions.