Homelessness prevention duties: equality impact assessment results

Executive Summary

Following the Prevention Review Group (PRG) recommendations for the introduction of legal duties on Scottish local authorities and public bodies to prevent homelessness, a public consultation took place between December 2021 and April 2022. The resulting Bill was introduced to the Scottish Parliament on 26 March 2024.

Throughout the development of the Prevention Duties, an Equalities Impact Assessment was undertaken to consider the potential impacts across the protected characteristics. The Equality Act 2010 includes a public sector duty which requires public authorities to pay due regard to the three needs of the equality duty: to eliminate unlawful discrimination; to advance equality of opportunity between people who share a protected characteristic and those who don't; and to encourage or foster good relations between people who share a protected characteristic and those who don't.

This Equality Impact assessment has considered the potential effects of the introduction of the prevention duties and how they could impact on groups with protected characteristics. This analysis is presented below in the Key Findings section. The findings are based on stakeholder engagement and feedback, desk-based research and analysis of the responses to the Scottish Government's consultation on the new duties.

Responses to the consultation identified potentially negative impacts on children and young people, as well as women and children who have experienced domestic abuse. These impacts were mitigated through policy actions including not progressing the relevant PRG recommendation forward into legislation, and the intent to develop comprehensive, trauma informed guidance to accompany the duties. This will be developed in conjunction with stakeholders, including those with lived experience.

The EQIA is an ongoing process, and therefore will continually be amended as new evidence comes to light. We will continue to engage with our stakeholders and will regularly review the EQIA record and results following the data review and subsequent analyses.