Housing services and integrated health and social care: housing advice note

Guidance for integration authorities, health boards and local authorities on their responsibilities to involve housing services in the integration of health and social care.


3. Delegated and non-delegated housing functions

3.1. The wide variety of housing services outlined in paragraph 2.4 is delivered by Local Authorities, Housing Associations and other organisations in the public, private or voluntary sectors. While some housing functions of Local Authorities must be delegated, many housing functions will remain outwith the formal responsibilities of Integration Authorities.

Delegated housing functions

3.2. The 2014 Act provides the statutory framework for driving forward these changes and is supported by a set of regulations that prescribe the housing-related functions that must be delegated by a Local Authority. In addition the regulations set out where Local Authority housing-related functions may be delegated subject to local agreement.

A. Housing-related functions that "must be" delegated

Act

Section/s

Functions

Housing (Scotland) Act 2001

Section 92(2)(a)

Provision of assistance to registered social landlords in relation to provision and improvement (etc) of housing, but only in so far as it relates to an aid or adaptation.

Housing (Scotland) Act 2006

Section 71(1)(b) (2)(e)&(f):

Provision of assistance to any person for housing purposes, but only in so far as it relates to an aid or adaptation.

Local Govt & Planning (Scotland) Act 1982

Section 24

Provision of gardening assistance for people with disabilities and to older people

Social Work (Scotland) Act 1968

Section 12

Assessment of need and provision of social welfare services including residential care, personal care and housing support. ( NB: Housing Support is a 'must' be delegated function only in so far as it is provided in conjunction with personal care ).


B. Housing-related functions that "may" be delegated

Act

Section/s

Functions

Housing (Scotland) Act 1987

Sections 4, 5 and 5A and Part II

Power of local authority to provide furniture, etc.

Power of local authority to provide board and laundry facilities;

Power of local authority to provide welfare services;

Functions in relation to homelessness

Housing (Scotland) Act 2001

Sections 1, 2, 5, 6, 8 and 92

Homelessness strategies;

Advice on homelessness;

Duty of registered social landlord to provide accommodation;

Duty of registered social landlord: further provision;

Common housing registers;

Housing support where it provides assistance to sustain accommodation rather than personal care

3.3. Where a function is delegated by the Local Authority, the Integration Authority takes on full responsibility for planning and directing the delivery of that service, and for allocating the associated budget.

Joint working with regard to non-delegated housing functions

3.4. The need for coordination between health & social care and housing services applies also to housing functions which have not been delegated, or indeed which cannot (under the Act) be delegated. It remains necessary to engage with their local housing sector and jointly drive forward the housing contribution to better health and well-being among the population.

3.5. Sometimes this will require a rebalancing and reprioritisation of existing services; at other times it may require innovative solutions, for example to enhance preventative care - whether funded by the Integration Authority or from housing resources. The organisational diversity, skills, experience and partnership structures within the housing sector provide a solid foundation for Integration Authorities to engage with housing organisations to find new and innovative solutions to meet local needs.

Contact

Email: hscintegration@gov.scot

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