Housing Support for Homeless Households - Analysis of Consultation Findings- Report

Annex 1: The Consultation Questions

Local authorities will have a statutory duty under section 32B of The Housing (Scotland) Act 1987 (inserted by The Housing (Scotland) Act 2010) to assess the housing support needs of homeless applicants who are unintentionally homeless, or threatened with homelessness, and are in priority need. They must also ensure that housing support services are provided to those assessed as being in need of them.

1. Policy options

In taking forward this policy, we must first establish which is the preferred option

Option 1 Commence the duty on local authorities and establish regulations on the assessment and provision of housing support

Option 2 Commence the duty on local authorities and do not establish regulations on the assessment and provision of housing support

Question 1: Which is your preferred option?

Option 1: establish regulations Option 2: do not establish regulations

Please explain why.

2. Conducting the housing support needs assessment

Under Section 32B (2), local authorities will be required to assess whether the applicant, and any other person residing with the applicant, needs prescribed housing support services.

As stated under Section 32B (3):
"In carrying out such an assessment, the local authority must:
(a) conduct inquiries of such type as may be prescribed; and
(b) have regard to any prescribed matters."

Question 2a: Should Scottish Ministers prescribe the types of inquiries local authorities must carry out in determining the housing support required?

Yes/No

Please explain why.

Question 2b: If you have answered 'yes', what inquiries should Scottish Ministers prescribe that local authorities must carry out? Please explain why.

Question 2c: What is the likely business impact of your proposals? Please include an indication of likely costs, where appropriate.

Question 2d: Should Scottish Ministers specify matters to which local authorities must have regard in carrying out the assessment?

Yes/No

Please explain why.

Question 2e: If you have answered 'yes', what matters should Scottish Ministers prescribe that local authorities must have regard to, when carrying out housing support assessments? Please explain why.

Question 2f: What is the likely business impact of your proposals? Please include an indication of likely costs, where appropriate.

3. Prescribing housing support services

Under section 32B (4), local authorities would have to ensure that prescribed housing support services are provided to any person assessed as being in need of them. Scottish Ministers can prescribe what these housing support services are.

Section 32(9) clarifies what "housing support services" covers:

"any service which provides housing support, assistance, advice, or counselling to an individual with particular needs with a view to enabling that individual to occupy, or to continue to occupy, residential accommodation as the individual's sole or main residence".

Question 3a: Should Scottish Ministers prescribe the housing support services for which an applicant is to be assessed?

Yes/No

Please explain why.

Question 3b: If you have answered 'yes', what housing support services do you think should and/or should not be covered? Please explain why.

Question 3c: What is the likely business impact of your proposals? Please include an indication of likely costs, where appropriate.

4. Prescribing the period for which housing support should be provided

Under section 32B (5)(a), Scottish Ministers may make provision on the period for which housing support services are to be provided.

Question 4a: Should Scottish Ministers specify the period for which housing support services should be provided?

Yes/No

Please explain why.

Question 4b: If you have answered yes, what do you think the prescribed period of provision should be? Please explain why.

Question 4c: What is the likely business impact of your proposals? Please include an indication of likely costs, where appropriate.

5. Ensuring provision of housing support services

In addition to prescribing the period to which housing support services must be provided, Scottish Ministers may, under section 32B (5)(b) specify matters to which a local authority is to have regard to when ensuring provision of services.

Question 5a: Should Scottish Ministers specify matters to which a local authority is to have regard to when ensuring provision of housing support services?

Yes/No

Please explain why.

Question 5b: If you have answered yes, what matters do you think should be specified? Please explain why.

Question 5c: What is the likely business impact of your proposals? Please include an indication of likely costs, where appropriate.

6. Different provision for different purposes and different areas

Under section 32B (6), Scottish Ministers may make different provision for different purposes and different areas.

Question 6a: Should Scottish Ministers make different provision for different purposes and different areas?

Yes/No

Please explain why.

Question 6b: If you have answered yes, what do you think these provisions, purposes and/or areas should be? Please explain why.

Question 6c: What is the likely business impact of your proposals? Please include an indication of likely costs, where appropriate.

7. Other matters relating to the provision of housing support services

Question 7: Are there any other matters relating to the provision of housing support services by local authorities which you think Scottish Ministers should consider?

Please explain why.

8. Partial Business Regulatory Impact Assessment (BRIA)

Question 8: Please provide any comments you have on (a) the Business Regulatory

Impact of your proposals and (b) the Partial BRIA

9. Equalities

Question 9: Please provide any comments you have on (a) the equalities impact of your proposals and (b) the draft Equalities Impact Assessment.