Housing (Scotland) Bill: child rights and wellbeing impact assessment

CRWIA Stage 2 - Key Findings

Assessment of Impact and Compatibility

The assessment has been informed by a range of quantitative and qualitative evidence. Further information on these sources can be found in the individual policy CRWIA Stage 2 assessments or screening for the specific measures in the Bill which have been published on the Scottish Government website.

Main findings relating to children’s rights

Key CRWIA findings related to the overall impact of the Bill are set out below. This has been informed not only by the specific work on the CRWIA but also by the detail of the Equality Impact Assessments (EQIAs), which have been published separately.

Rented Sector Reform – positive and neutral assessment results

The rented sector is home to around 959,000 households, 618,000 of which live in the social rented sector and 341,000 in the private rented sector^[7]. In Scotland families with children^[8] make up 22% of the private rented sector^[9] and, 23.3% of households living in the social sector.

A range of proposals make up the rented sector reform measures in the Bill, some of which have been assessed as having a neutral impact and others which have a positive impact. Further information on the UNCRC compatibility is provided on pages 12-13 of this assessment. In addition, some measures have potential to improve outcomes for households with children and young people. Further information on this is provided below.

Rent Control and other restrictions on rent increases - Affordability and financial concerns in the private rented sector for families and households with children

The measures in Part 1 of the Bill have the potential to improve outcomes for families and households with children in the private rented sector. This is particularly important as they may be more likely to experience barriers related to affordability in accessing and sustaining tenancies in the private rented sector.

Households in the rented sectors have a higher proportion of people who are in relative poverty^[10], as well as children in relative poverty^[11]. They are also more likely to be financially vulnerable. In addition, households in the rented sectors, especially those on lower incomes, in general pay more of their income on housing costs than owner occupiers, have higher rates of poverty (including child poverty) and have less resilience to cope with financial shocks^[12].

We know that households with children are at higher risk of experiencing poverty^[13]. Evidence also suggests there are some types of households with children who are at a higher risk of being in poverty. These include households with single parents, those with three or more children, households with a disabled person/child, of a minority ethnic background, those with a child under one, or households where the mother is aged under 25. Taking together, these groups represent 90% of households with children in poverty^[14].

The measures in the Bill will therefore be critical support to the 37% of renting households with children^[15] who find it difficult to afford their current rent.

Improving Tenants’ Rights – consideration of matters which may impact the experience of families and households with children in the rented sectors

The measures in the Bill which may allow a tenant to personalise the property they rent, and keep a pet have the potential to improve outcomes for families and households with children. While much of this evidence does not specifically refer directly to children, it is reasonable to consider the benefits that personalisation and pets bring to tenants more generally would extend to the wider household.

Research published in 2022 on renters’ experiences living in the private rented sector provided some insights into experiences of households with children living in the private rented sector. This research found that some private renters reported difficulties in making changes to their home by redecorating and/or upgrading the property. The ability to personalise and redecorate the home was particularly important to families with children, so they could create child-themed bedrooms and/or manage children sharing bedrooms^[16].

A survey in 2022^[17] on renters’ experiences in the private rented sector asked about what renters find important in the private rented sector. 62% of those who responded identified being able to make the property a home by being able to decorate and keep pets as important. Furthermore, 49% of households with children reported that their house needed to be decorated or modernised, compared to 43% households without children^[18].

There is also evidence of the health benefits from pet ownership^[19] including for families with children, but we know that pet ownership can be a barrier to finding a property in the private rented sector in Scotland^[20]. In addition, engagement with stakeholders, including Scottish Women’s Aid, indicates this issue can be particularly difficult for families with children who need to leave their home due to domestic abuse.

Measures in the Bill which deal with evictions clearly have the potential to improve outcomes for households with children and young people. This is because there is clear evidence^[21] on the negative impact on the health and wellbeing of children from eviction and of becoming homeless. This evidence supports the benefit of introducing measures that give greater protection during the eviction process.

Measures in the Bill which impact on tenants affected by domestic abuse may prevent a tenant from becoming homeless, and therefore has the potential to improve outcomes for families and households with children. Evidence^[22] suggests families in which there is domestic abuse may be four times more likely to lose their homes as a result of rent arrears than the general population, of tenants. A further report^[23] also highlight the impact on children of having to leave their home, often moving multiple times. This evidence supports the benefit of introducing measures that give greater protection for tenants affected by domestic abuse.

Measures in the Bill which are grouped into 'Other matters relating to tenants' again also have the potential to improve outcomes for households with children and young people. Evidence from the review of tenancy deposit schemes in 2018^[24] indicates that the issue of unclaimed deposits particularly appears to affect students, including foreign students, which supports the benefit of introducing these measures.

Homelessness Prevention - neutral assessment results

The measures in the Bill for the homelessness prevention duties are needed to mitigate the risk of homelessness for children and young people and the households they reside in.

Children are often part of homeless households. 32,242 households were assessed as homeless in 2022-23, which included 16,263 children. There are more children than ever in temporary accommodation (9,860 as of 30 September 2023) and families are spending longer in temporary accommodation (on average, between 254 and 347 days for households with children) ^[25].

Young people are over-represented in homelessness applications and more likely to be “hidden homeless”. 22% of homelessness applications are from main applicants aged 16-24, with 19% from 18-24 year olds and 3% from 16-17 year olds^[26]. Young adults, aged between 16-24 years, are consistently more likely to be living in relative poverty compared to older adults^[27]. Despite this over-representation, we are aware that young people, especially those leaving care, may not recognise themselves as homeless, may be more likely to be hidden from services, and therefore from official records because they are “sofa surfing” or living in other informal or precarious housing, therefore their actual numbers may be higher than measured^[28].

The reasons that younger people are homeless may differ from older people, with younger people more likely to become homeless from the family home, more likely to have been asked to leave^[29] and are more in need of basic housing management support than older people.

LGBT Youth Scotland’s research, Life in Scotland for LGBT Young People, undertaken in 2022^[30], found that LGBT young people are disproportionately affected by homelessness across the UK, accounting for 24% of the young homeless population. Furthermore, 6% of young LGBT people surveyed in 2022 reported having experienced homelessness.

The Albert Kennedy Trust’s 2015 evidence review^[31] found that 30% of LGBT young people had some experience of homelessness including; sofa-surfing, rough sleeping, temporary and supported accommodation. It also found that 69% reported having experienced violence, abuse or rejection from the family home, and 77% feel that their LGBT identity was a causal factor in their homelessness. Parental rejection (69%), abuse within the family (69%), and aggression and violence in the family (62%) were found to be the three most common reasons for LGBT youth homelessness.

Albert Kennedy Trust’s (2021) research into the LGBTQ+ youth homelessness report (UK wide) highlights that the number of LGBTQ+ homeless young people is likely to be an under-representation, with only one third of LGBTQ+ young people seeking support from their local authority, and only 45% seeking support from community organisations, when they were homeless, choosing instead of seek support from friends. This statistic is starker when the LGBTQ+ youth also belongs to an ethnic minority group – only 17% sought support from community organisations^[32].

The homelessness prevention duties, if implemented, will provide a legislative framework for a shared public responsibility, joint working and for early intervention to prevent homelessness, ensuring consistency in delivery across Scotland, while recognising the need to respond to local circumstances.

Evidence from stakeholders/policy colleagues

The Bill content has been informed by significant public and stakeholder engagement, including but not limited to engagement with tenants; private and social landlords; housing investors; third sector organisations; local authorities; and public bodies. Policy proposals within the Bill have also been informed by engagement with six working groups; three public consultations^[33]; and a ‘Landlord and tenant engagement questionnaire on rented sector reform’^[34]. Feedback provided throughout this engagement process has been considered within the CRWIA.

Impacts have also specifically been discussed during engagement with stakeholders such as: people with lived experience, via the Change Team; and time-limited task and finish groups set up by the Homelessness Prevention and Strategy Group (HPSG).

Further information on the evidence from stakeholders can be found in the individual CRWIA Stage 2 assessments for the provisions which have been published on the Scottish Government website^[35]; and within the Policy Memorandum published on the Scottish Parliament's website^[36].

Key findings and information from the consultation responses and stakeholder engagement relevant to children and young people are summarised below.

Rented Sector Reform

Some consultation respondents suggested equalities and human rights should be given particular prominence when considering housing affordability in the rented sector due to challenges such as:

• tenants being more likely to be affected by poverty and rent affordability pressures included single people on low incomes (with or without children); and
• household characteristics with potential to impact economic circumstances and incomes, such as disabilities and health-related needs.

In relation to proposals on greater restrictions on winter evictions, Living Rent highlighted that there were other circumstances besides seasonal pressures where a delay to an eviction might be welcome. For example, where there are children or young people involved and eviction is due to take place during their exam period.

Scottish Women’s Aid welcomed proposals for greater rights for tenants to keep pets. They indicated that from their experience that a lot of families experiencing domestic abuse have had to leave their home and the accommodation they go to then often do not accept pets. This can have a negative effect on the family at an already difficult time especially for children in the household who are attached to the pet.

Homelessness Prevention

Consultation responses were received from organisations such as The Promise, Child Poverty Action Group in Scotland, A Way Home Scotland, Action for Children, Rock Trust, CLAN Childlaw, as well as Scottish Association of Social Work and Aberdeenshire Council Children’s Services.

Overall, most respondents were broadly supportive of the planned introduction of the new duties, however, some concerns were raised which relate to individuals with protected characteristics, and children and young people. These included:

• The duties if introduced as recommended in the PRG would result in a regression of rights for children and young people.
• Young people who leave the family home need additional support to sustain a tenancy.
• Domestic abuse/violence is a key contributor to women’s and children’s homelessness.
• Intersectionality: LGBT minority ethnic young people may feel forced to stay in a family home rather than making their own homelessness application.

Responses received to the public consultation highlighted a risk of unintended consequences resulting from placing the primary duty for young people aged 16-17 who are homeless or at risk of homelessness with child social work. Specifically, they said that the duties, if enacted in this way, could have the effect of denying access to housing rights through a section 28 Housing (Scotland) Act 1987 application, which would represent a regression of rights protections for this age group and would hinder the progressive realisation of the human right to adequate housing

Evidence from children and young people

While there has not been any direct engagement in relation to the Bill specifically with children and young people, engagement has taken place with organisations who work with, support and represent children and young people. Several of the evidence sources which have been considered include the views and experiences of children and young people.

Organisations that work with children, young people and families which have participated in the consultation process and with whom engagement has taken place that has informed policy development include: CLAN Childlaw; The Promise; Child Poverty Action Group in Scotland; A Way Home Scotland; Action for Children; Scottish Association of Social Work; Aberdeenshire Council’s Children’s Services; Rock Trust; Citizens Advice Scotland; Scottish Woman’s Aid; Shelter Scotland; Child Poverty Action Group; and Joseph Rowntree Foundation.

Feedback from these organisations is included in the evidence sections above and has provided insights into the experiences and vulnerabilities of this cohort.

Analysis of the evidence

The findings have informed our understanding of children and young people’s experiences of coming into contact with rented sector accommodation services or accessing any support they may need to prevent them from becoming homelessness either directly themselves or indirectly via someone with parental rights and responsibilities etc.

The Scottish Government has assessed the provisions in the Bill against each of the indicators of wellbeing as set out by the Children and Young People (Scotland) Act 2014 and concluded that they are likely to have either a neutral or positive impact for young people. The findings therefore support the proposals and support the decisions for the policies to be included in the Bill.

The findings have also underlined the importance of partnership working both within and outside of the Scottish Government to ensure the best outcomes for children and young people who come into contact with the rented sector accommodation services or accessing support to prevent homelessness.

The impacts on the development of specific policies are summarised below.

Rented Sector Reform

The Scottish Government’s first national long-term strategy and route map, Housing to 2040, set out the Scottish Government’s vision for housing to 2040. It included the ambition for everyone to have a safe, good quality, and affordable home that meets their needs in the place they want to be.

The Scottish Government considers that a good quality, affordable, and well-regulated housing system generates benefits that can help tackle poverty, promote equality, and support wellbeing, including for families with children, and has designed the proposed rented sector reforms on this basis, taking account of evidence concerning the experiences of tenants in the rented sectors, evidence from consultation and engagement exercises, and discussions with key stakeholders.

Homelessness Prevention

As a result of the consultation responses, the specific lead role for child social work for 16 and 17 year olds who are homeless or threatened with homelessness, as recommended by the Prevention Review Group, will not be included in the new duties.

Young people under age 25 are over-represented in homelessness applications and assessments, and we know that these presentations may be an under-representation as statistics do not take account of people within the hidden homeless population or those who do not seek support from a local authority. This may include people who are sofa surfing or staying with friends, who may not consider themselves homeless or at risk of homelessness. For this reason, the introduction of the ask and act duties should particularly benefit the under 25 cohort, as relevant bodies outwith housing/homelessness who may come into contact with vulnerable young people through, for example, education, social work, addiction support, health and mental health services, will be required to ask about possible homelessness/risk of homelessness and act on the information they receive, so as to assist and support the young person.

The duties will potentially result in a statutory intervention by local authorities taking place earlier, up to six months instead of two months when there is a risk of homelessness. Additionally, it is anticipated that as a ‘reasonable step’ young people will be offered support including family mediation, where appropriate, and that this may prevent homelessness from occurring in the future.

The introduction of a requirement for people working within relevant bodies, such as NHS health visitors and community link workers, to ask about a person’s housing circumstances and to take action to prevent homelessness, combined with the requirement for local authorities to take action earlier should positively impact pregnant women and women with very young children, by identifying them at the earliest opportunity and taking preventative action to support them to avoid homelessness in the future.

Assessing for compatibility against the UNCRC requirements

Articles where a positive impact has been identified

• Article 3 - best interests of the child
• Article 12 – respect for the views of the child
• Article 27 – adequate standard of living

Articles where a negative impact has been identified

• None

Articles where a neutral impact has been identified

• Article 1 - Definition of the child
• Article 2 - Non-discrimination
• Article 4 - Implementation of the Convention
• Article 5 - Parental guidance and a child’s evolving capacities
• Article 6 - Life, survival and development
• Article 7 - Birth registration, name, nationality, care
• Article 8 - Protection and preservation of identity
• Article 9 - Separation from parents
• Article 10 - Family reunification
• Article 11 - Abduction and non-return of children
• Article 13 - Freedom of expression
• Article 14 - Freedom of thought, belief and religion
• Article 15 - Freedom of association
• Article 16 - Right to privacy
• Article 17 - Access to information from the media
• Article 18 - Parental responsibilities and state assistance
• Article 19 - Protection from violence, abuse and neglect
• Article 20 - Children unable to live with their family
• Article 21 - Adoption
• Article 22 - Refugee children
• Article 23 - Children with a disability
• Article 24 - Health and health services
• Article 25 - Review of treatment in care
• Article 26 - Social security
• Article 28 - Right to education
• Article 29 - Goals of education
• Article 30 - Children from minority or indigenous groups
• Article 31 - Leisure, play and culture
• Article 32 - Child labour
• Article 33 - Drug abuse
• Article 34 - Sexual exploitation
• Article 35 - Abduction, sale and trafficking
• Article 36 - Other forms of exploitation
• Article 37 - Inhumane treatment and detention
• Article 38 - War and armed conflicts
• Article 39 - Recovery from trauma and reintegration
• Article 40 - Juvenile justice
• Article 41 - Respect for higher national standards
• Article 42 - Knowledge of rights

First optional protocol

• Articles 4 – 7

Second optional protocol

• Articles 1 - 11

Impact on children and young people

The proposals in the Bill may have an impact on children and young people who come into contact with rented sector accommodation services or access any support they may need to prevent them from becoming homelessness either directly themselves or indirectly via someone with parental rights and responsibilities etc. parents, carers, pregnant people, young parents under 18, under 18s and disabled children. The proposals promote a person-centred approach aimed at advancing peoples’ right to have a safe, secure, and affordable place to live.

Specifically for children and young people and protect all the Articles of the UNCRC indicated.

Rented Sector Reform

We consider that these proposals will have a neutral impact on individual or groups of children with respect to the UNCRC articles listed above, with the exception of Article 3, best interests of the child and Articles 27, Adequate standard of living, as these are areas where the proposed provisions have the potential for a positive impact on individual or groups of children living in households in the rented sectors.

Homelessness Prevention Duties

Children at greatest risk of not having their rights met include children in care, young people in conflict with the law, children affected by violence including domestic violence, drugs or alcohol misuse, children living in poverty or areas of deprivation, children affected by homelessness, refugees, child asylum-seekers, children in hospital, children with additional support needs or affected by disability, ethnic minority, single parent families, families with young mothers, big families, families with a child under one year of age.

As explained earlier in this assessment, individuals within the groupings above which detail children at risk of not having their needs met in relation to the UNCRC articles, are also more likely to be homeless or at risk of homelessness, therefore the duties may have particular positive impact on them, although the duties are not intended to benefit one group over another. This impact may be due to the ask and act component of the duties, whereby relevant bodies who currently do not have responsibility to consider the housing situations of those they come into contact with, will have a duty to prevent homelessness by taking action within their own powers where possible or referring to a local authority if necessary. This may be for example, by identifying children/young people who are sofa surfing and have left the family home, due to relationship breakdown and taking action such as introducing family mediation, so that the child/young person can again take up residence with their family, if this is appropriate and in the best interests of the child, therefore preventing homelessness from happening.

Negative Impact/Incompatibility

No negative impacts have been identified.

Options for modification or mitigation of negative impact or incompatibility

Mitigation table

Positive impact: Giving better or further effect to children’s rights in Scotland

Rented Sector Reforms

Part 1, Chapters 1 & 2 - Powers for Scottish Ministers to introduce rent control areas

We consider that the powers for Scottish Ministers to introduce rent control areas may have a positive impact with regard to Article 27, Adequate standard of living, as we consider that, in any areas where rent controls may be applied, these measures will support parents and others responsible for the child in their responsibility to supply the child with a standard of living adequate for their development.

Applying rent controls to stabilise rent levels and prevent steep rises between tenancies could allow children living in rented properties to benefit from a more stable living environment, as it reduces the risk of families having to move frequently due to unaffordable rent increases, as well as potentially leaving families with children with more disposable income to spend on necessities such as food, clothing, and educational resources for their children.

Part 2, Chapter 3, Evictions: duties to consider delay

We consider the introduction of an additional duty on the Tribunal or Court to consider whether there should be a delay to the enforcement of an eviction order or decree may have a positive impact with regard to Article 3, Best interests of the child. While the Tribunal and Courts already have discretion to delay an eviction, measures in the Bill will ensure that they always consider (except in limited circumstances), whether it would be reasonable in the circumstances of the case to delay the enforcement of the eviction for a period of time. The Bill provisions also sets out a number of factors that may be taken into account in deciding whether to order a delay to enforcement including where the timing of the eviction would:

• cause the tenant or a member of the tenant’s household to experience financial hardship;
• have a detrimental effect on the health of the tenant or a member of the tenant’s household, or
• otherwise have another detrimental effect on the tenant or a member of the tenant’s household due to the tenant or the member of the tenant’s household having a disability.

The new duty may be of particular benefit to children, who may be particularly negatively impacted by an eviction and young people given they make up a larger proportion of those living in the private rented sector. For example, delaying the enforcement of an eviction to avoid exam periods for families with school age children, those in University/College or where more time is required to access suitable alternative accommodation.

Homelessness Prevention Duties

As indicated earlier, by taking the policy decision not to take the PRG recommendation forward in relation to the specific lead role for child social work for 16-17 year olds who are homeless or threatened with homelessness, young people retain the right to make homelessness applications themselves.

Furthermore, by identifying a risk of homelessness upstream of homelessness, through the intervention of a relevant body acting within their own powers, a child or young person may be supported in whichever way is appropriate for them, for example, by family mediation, which may prevent homelessness and any ensuing trauma from occurring.

Impact on Wellbeing: does or will the relevant proposal contribute to the wellbeing of children and young people in Scotland?

Please tick all of the wellbeing indicators that are relevant to your proposal.