Homelessness prevention duties: equality impact assessment results

Recommendations and Conclusion

Based on the existing evidence referred to previously, we have identified a number of positive impacts of the introduction of homelessness prevention duties on groups with protected characteristics.

Young people who are at risk of homelessness through being asked to leave the family home and who may be sofa surfing (a form of hidden homelessness) may be picked up by services outwith homelessness, such as social work, teachers, mental health services and healthcare workers and action taken to prevent their homelessness, through the introduction of the ask and act duty on relevant bodies. Young people may then be offered alternative support, such as family mediation, as needed, at an earlier juncture, and this may prevent homelessness from occurring downstream.

Our gendered approach takes into consideration that women may experience homelessness differently from men, and that the structural and individual push factors, as well as routes into housing instability and homelessness are different for women. Domestic abuse is a major contributing factor to women's homelessness, as women more often leave their homes so as to escape from perpetrators of abuse. We also recognise that women experiencing domestic abuse are less likely to approach statutory services than women not experiencing domestic abuse, therefore the true extent of homelessness relating to domestic abuse is hidden.

The homelessness prevention duties and the commencement of provisions in the Domestic Abuse (Protection) Scotland Act 2021 may positively affect women and children who are victim-survivors of domestic abuse and who are at risk of homelessness / are homeless as a result. The duties will require social landlords to have a domestic abuse housing policy in place, which outlines how they will meet the housing needs of women experiencing domestic abuse, including staying in their own home, if that is what they want. The 2021 Act gives social landlords greater control to transfer housing tenancies to a domestic abuse survivor, should this be desired, thus reducing the risk of homelessness for women in this situation.

The introduction of requirement within the prevention duties for people working within relevant bodies, such as NHS health visitors and/or community link workers, to ask about a person's housing circumstances and to take action to prevent homelessness if there is a risk of it (or if someone is homeless), as well as the provision on local authorities to take action sooner ('widening' of the time window from 2 to 6 months) should positively impact pregnant women/women with very young children, by identifying them at the earliest opportunity so as to prevent them from becoming homeless in the future

We have also taken into account, through the consultation process and engagement with stakeholders, of possible unintended negative impacts of the duties on these same groups, namely young people and women, and steps have been taken to mitigate these risks ahead of the introduction of the legislation.

The PRG, which informed the consultation, recommended that as 16 and 17 year olds are twice as likely as older homeless applicants to have support needs relating to independent living and housing management skills, they should be treated as children under the law and receive assistance from children's social work. During the consultation process^[50], stakeholders such as CLAN Childlaw flagged that if implemented as suggested, young people age 16-18 would be treated as children and thus their right to make homelessness applications could be undermined, resulting in potential regression of housing rights. For this reason, this specific recommendation was not taken forward as made by PRG, thus mitigating any potential negative effect on this group, while still recognising the importance of preventing homelessness amongst young people as an important issue in drafting legislation and subsequent guidance.

In response to the consultation^[51], stakeholders also expressed concern that women and children who are domestic abuse victim-survivors may be negatively impacted by the prevention duties, as the disclosure, gathering and sharing information, through making referrals between organisations may compromise confidentiality.

Furthermore, it was raised that the ask and act provision might mean that individuals asking questions of women at risk of homelessness due to domestic abuse may lack the skills and knowledge to ask sensitive, gender-responsive questions to this cohort. It was suggested that authorities may not fully understand the intersectionality of vulnerabilities, and that eliciting a disclosure at a time when women are most at risk, might further traumatise or even endanger a woman, compounding existing distrust of services, making them less likely to seek assistance through formal avenues as a result.

Similar concerns were raised in the consultation relating to sensitive and trauma-informed responses to the needs of women who have no recourse to public funds (NRPF) and are experiencing domestic abuse.

We acknowledge these concerns, which will be addressed through trauma-informed training and guidance and by working in partnership with specialist organisations including local Violence Against Women and Girls Partnerships.

It is acknowledged that the housing needs of gypsy-travellers may require special consideration and it is hoped that the impact of the duties on relevant bodies will result in gypsy travellers being supported both within relevant bodies' own powers and better assisted in terms of housing/homelessness applications.

We recognise there are a number of areas where gaps remain in our understanding of particular characteristics and that the current HL1 and Prevent1 statistics do not adequately show intersectionality. To balance this, data measurement and outcomes are being assessed and redesigned as part of SG Communities Analysis' data review and is the focus of the HPSG Outcomes and Measures Task and Finish Group.

Finally, we also recognise that quantitative data does not tell the whole story and so engage regularly with stakeholders with lived experience, such as the Change Team, as well as third sector partners via the Homelessness Strategy Prevention Group as we develop the prevention duties legislation ahead of the introduction of the Bill and thereafter. The impact assessment process will be ongoing and the associated living documents will be kept up to date with any new evidence gathered.

The impact assessment process has provided reassurance that the introduction of the homelessness prevention duties will not negatively impact any group with protected characteristics and that all identified risks have been mitigated.