Social landlords: pre-action requirement where domestic abuse is a factor in rent arrears Equality Impact Assessment Results

Key Findings - Tenants

Since 2020, the number of eviction applications made to the sheriff court by social landlords and the number of evictions social landlords have carried out have fluctuated a result of temporary emergency eviction legislation introduced in response to both the coronavirus pandemic^[10] and the cost of living crisis^[11]. Prior to this time, there were a total of 12,400 social housing applications for recovery of possession raised in the Sheriff Court in 2018-2019.^[12] This is considered by the Scottish Courts and Tribunal Service to be a more representative indication of the annual eviction application caseload in the sheriff court. There were also 2,134 properties recovered by social landlords following a court decree for non-payment of rent in 2018-19.^[13]

Social rented households are more likely to have lower incomes than households in other tenures, with Scottish Household Survey results for 2022^[14] showing 53% of social rented households having a net income of £20,000 or less, compared to 30% of private rented households, 35% of households who own outright, and 10% of households buying with a mortgage.

Social rented households are also more likely to be financially vulnerable (defined as households with savings which would cover less than one month of income at the poverty line), with Scottish Government Statistics on Wealth in Scotland^[15] showing 63% of social rented households being estimated to be financially vulnerable, compared to 40% of private rented households, 24% of households buying with a mortgage and 9% of households owning outright.

There is no available data on the protected characteristics profile of tenants who are the subject of eviction proceedings in the Sheriff Court. We have therefore considered the available evidence in relation to each of the protected characteristics to inform our assessment. We recognise that the data available does not provide a complete picture of the experiences of those with protected characteristics. However, the EQIA has allowed the opportunity to consider the impact of this measure for these groups as fully as possible.

As this measure increases protection for tenants subject to domestic abuse where a social landlord is considering raising eviction proceedings for rent arrears in court, it does not introduce changes which directly or indirectly discriminate on those with protected characteristics.

Age

Whilst there is no available information about the age of tenants who are the subject of eviction proceedings in Scotland, According to the 2022 Scottish Surveys Core Questions, 11.8% of those living in the social rented sector are 16-24, 18.4% are 25-34, 16.3% are 35-44, 15.8% are 45-54, 17% are aged 55-64, and 20.8% are 65 and above.^[16]

Scottish Government data on Poverty and Income Inequality in Scotland shows that in the last 15 years, the youngest households (household heads aged 16-24) have been consistently more likely to be in relative poverty compared to older households.

In 2020-23, 39% of people in households with household heads aged 16-24 were in relative poverty after housing. In comparison, the age groups 25-34, 35-44, 45-54 and 55-64 all had lower poverty rates between 17% and 23%.^[17] We know that households with children are at higher risk of experiencing poverty.^[18] Households living in poverty will have less disposable income and more likely to spend a higher proportion of their monthly budget on housing costs.

Eviction

Research by Shelter Scotland, ‘Understanding the True Cost of Evictions in Scotland’^[19] highlights evidence around the negative impact that eviction in the social rented sector has on tenants, and particularly children and the potential long lasting impact it can have.

Although it is now 15 years old, Shelter’s 2009 report ‘Eviction of children and families: the impact and the alternatives’^[20], estimated that, at that time, children lived in approximately a third of all households evicted by social landlords.

Domestic abuse

Evidence from 2011 suggests that 1 in 5 children in the UK will have experienced domestic abuse by the time they reach 18.^[21]

In 2022-23, the 31 to 35 years old age group had the highest incident domestic abuse rate recorded by the police in Scotland for both victims (277 incidents recorded per 10,000 population) and for the suspected perpetrators (245 incidents recorded per 10,000 population).

The Scottish Crime and Justice Survey 2019/20 Partner Abuse Module also shows that younger people appear to be at the greatest risk of experiencing partner abuse and that the risk appears to decline with age: 9.4% of those aged between 16-24 had experienced partner abuse in the previous 12 months, compared to 4.3% of those aged between 35-44, 2.2% of those aged between 45-59 and just 0.5% of those aged over 60. This is in line with the pattern found in previous survey years.^[22]

Homelessness

Termination of tenancy due to rent arrears accounted for 2% of the reasons for homelessness in 2022-23, which is higher than 1% in each of the previous two years. With regard to the age of the applicant, 53% were aged under 35, 31% between 35 and 49 and 16% 50 or older. Older homelessness applicants are also more likely to have support needs related to a physical disability or medical condition.^[23]

63% of homelessness applications in 2022-23 were from those aged 25-49 and 29% of homeless households contain children.^[24]

It is not clear from the data available how many of these homeless applications are as a direct result of an eviction order being granted by the Courts on rent arrears grounds, where domestic abuse was a factor. Where it is however, these tenants will potentially benefit from the strengthened protections in the Bill.

Based on the information available, and that the new measure will apply to all tenants who are the subject to domestic abuse, where a social landlord is taking eviction action in court, the impact of the new duty on the three elements of the public sector equality duty is neutral in regard to people of different age. However, the new duty may be of particular benefit to younger people and households with children, who may be particularly negatively impacted by domestic abuse and eviction.

Disability

There is no data on the number of disabled people who are the subject of eviction proceedings in the social rented sector in Scotland.

According to the 2022 Scottish Surveys Core Questions, the proportion of adults in social rented properties who have limiting long-term physical or mental health conditions was higher than those in all other tenure types (46% in the social rented sector compared to 15.9% of those who own their home with a mortgage). The proportion of adults in the private rented sector who have a limiting long-term physical or mental health condition was 23.2%.^[25]

We also know that households with disabled household members are more likely to be financially vulnerable compared to those with no disabled household members. 40% of households with disabled members were financially vulnerable in 2018-2020, compared to 25% of households with no disabled members^[26].

Domestic abuse

The Scottish Crime and Justice Survey 2017/18 found that people who said they had at least one disability were significantly more likely to report having experienced abuse by a partner or ex-partner since the age of 16 than people who had no disability. 22.7% of respondents with at least one disability reported having experienced domestic abuse since the age of 16, compared with 13.7% of people who did not report having any disability.^[27]

As the survey was asking about experience of abuse since the age of 16, in and of itself, it does not necessarily show that people with a disability are at increased risk of domestic abuse as it is also possible that people who experience domestic abuse may be at increased risk of developing a disability. However, the findings are in accordance with a number of other studies that have found that people with disabilities are at increased risk of experiencing domestic abuse.

In 2015, Public Health England published a report on disabled people's experiences of domestic abuse. It noted that "Disabled people experience disproportionately higher rates of domestic abuse. They also experience domestic abuse for longer periods of time, and more severe and frequent abuse than non-disabled people."^[28]

This report quotes a finding from the Office of National Statistics 'Focus on Violent Crime and Sexual Offences. Chapter 4 - Intimate Personal Violence and Partner Abuse' from 2014 which found that 15.7% of disabled women and 8% of disabled men reported having experienced domestic abuse in the previous year, compared with 7.1% of non-disabled women and 4% of disabled men. Taking this information together, it is reasonable to assume that people with disabilities in Scotland are at considerably greater risk of experiencing domestic abuse.

The Public Health England report also noted that reliance on an abusive partner to meet housing needs can be a particular barrier for people experiencing domestic abuse who have a disability.

Homelessness

While there is no specific data on disability and the risk of homelessness as a result of domestic abuse in Scotland, the publication Homelessness in Scotland 2022-23 found that 51% of all homeless applicants had at least one 'support need' – defined as either a physical disability, learning disability, medical condition, mental health problem, alcohol or drug dependency or need for support with basic household management.^[29]

Based on the information available, and that the new measure will apply to all tenants where domestic abuse has impacted on rent arrears where a social landlord is considering eviction action in court, the impact of the new duty on the three elements of the public sector equality duty is neutral in regard to disabled people. However, the new duty may particularly support disabled people who find themselves in rent arrears and facing possible eviction, as a result of domestic abuse.

Sex (including pregnancy and maternity)

As with other protected characteristics there is no specific disaggregated data available on the gender of tenants where eviction proceedings are raised in court, or where an eviction order is granted by the court on rent arrears grounds.

According to the 2022 Scottish Core Questions^[30], an estimated 56% of those in the social rented sector are women.

Women earn less on average than men (Earnings indicator), are less likely to be paid the Living Wage (Living Wage indicator) and are more likely to not be working due to looking after children or home (Labour market ‘inactivity’ due to caring indicator). This may lead to women having a lower independent income. Whilst there may be income pooling within a couple with a high-income and low-income earner, there will be an unequal reliance on the sharing of income to maintain their standard of living^[31].

The Wealth in Scotland^[32] report also shows that women are less likely to own property than men^[33], and lone parents (of whom 92% in Scotland are women) and working aged women with no children are the least likely groups to own any property.

Over recent years, evidence shows that households with children under 1 are at a heightened risk of poverty, and that families with a new child are more likely to enter poverty, even when controlling for other factors.^[34] Evidence from a recent focus report on poverty and households with babies^[35] suggests that new mothers found Universal Credit payments helped to relieve housing costs by covering their rent, however most of the interviewees were in social housing and it was suggested that private rented accommodation is unaffordable. Many within the study mentioned that having a baby prompted a change in housing; often moving out of pre-pregnancy housing to avoid overcrowding. While rental costs were not a prominent concern, mothers highlighted the challenges of securing homes which suit their family's needs.

The 2022 Scottish Household Survey also indicates that an estimated 54% of social rented sector households have a net household income of £20,000 or under. Households where the highest income householder were male were more likely to say they managed well financially compared to those where the highest income householder was female (54% and 46% respectively). As in previous years, single parent households were the most likely to report that they were not managing well financially (26% and 15% respectively), compared to the Scotland average of 9%.^[36]

Whilst a precise gender breakdown isn’t available for other household types on Housing Benefit or for households receiving the housing element of Universal Credit, the available data suggests that it is likely that women in Scotland are overall more likely to be in receipt of Housing Benefit or the housing element of Universal Credit than men.^[37]

Domestic abuse

Where gender information was recorded, just over four-in-five incidents of domestic abuse (81%) in 2022-23 had a female victim and a male suspected perpetrator. This was the same as in 2021-22.

Female victims aged 31 to 35 had the highest rate (454) of incidents of domestic abuse recorded by the police per 10,000 population in 2022-23. 31 to 35 was also the age group with the highest rate of incidents of domestic abuse recorded per 10,000 population for male victims (92).^[38]

Financial abuse is a significant element of coercive control in domestic abuse. Police in Scotland recorded 61,934 incidents of domestic abuse in 2022-23, a decrease of 4% compared to the previous year. Research from 2008 suggests that 89% of women in their sample had experienced financial abuse as part of domestic abuse.^[39]

Financial abuse involves a perpetrator using or misusing money to limit and control their partner. Amongst other significant impacts, financial abuse can leave a woman with personal debt including rent arrears, which she may not know about.^[40]

Homelessness

We know that domestic abuse is a leading cause of homelessness in women. Homeless households are more likely to be single adult or single parent compared to the overall population. Single parent households are more likely to be female – 16% of all homeless households compared to 6% male. Single person households are more likely to be male – 45% compared to 21% female.^[41]

Statistics collected by the Scottish Government in the reasons for homelessness applications made to local authorities show that in 2022-23, a 'violent or abusive dispute within the household' was given as the main reason for the application by 22% of applications from female main applicants, compared to 5% of applications from male main applicants. This increased to 29% of applications from single female main applicants with children. (this compares with, 6% of applications from single male main applicants with children). In total, 78% of applicants who stated that their main reason for making a homelessness application was a violent or abusive dispute within the household were female.

While not all of these cases will relate to abuse by partners/ex-partner, as the phrase 'violent or abusive dispute within the household' is wide enough to encompass abuse by or a violent dispute with, any member of a household, this does indicate that homelessness caused by domestic abuse affects around three times as many women as it does men. This appears to suggest that measures intended to protect people who are at risk of eviction as a result of domestic abuse will be of particular benefit to women.

Pregnancy and maternity

As noted above, women are at considerably greater risk of being victims of domestic abuse than men, and younger people are at greater risk than older people.

There is limited evidence concerning the extent to which pregnant women and new mothers experience domestic abuse in Scotland. However, research quoted in the 2013 publication Scottish Government Equality Outcomes: Pregnancy and Maternity Evidence Review found that "research highlights that pregnant women face an "increased risk of domestic abuse, with domestic abuse 'estimated to occur in 5% to 21% of pre-birth cases and in 13% to 21% of post-birth cases'" and that "evidence from Scotland and across the UK indicates that 'abuse often starts in pregnancy and gets worse when the first child is new-born."

While there is no specific data on homelessness, pregnancy and domestic abuse, 51% of all single adult female households where the main reason was a violent or abusive dispute were single parent households in 2022/23. This compares to 42% overall.^[42]

A Scottish Government review of domestic abuse, housing and homelessness policy and research published in 2010 concluded: ‘The prevention or cessation of domestic abuse in a family context will almost always require the woman to leave that home’.^[43]

The data contained in this section might indicate that women in the social rented sector are more likely to be the subject of domestic abuse and therefore eviction action in court for rent arrears than men.

Based on the information available, and that the new measure will apply to all tenants who are the subject of domestic abuse, where a social landlord is taking eviction action in court, the impact of the new duty on the three elements of the public sector equality duty is neutral in regard to people of different gender. However, the new duty may be of particular benefit to women who may be particularly negatively impacted by domestic abuse and eviction.

Gender reassignment

There is insufficient information about the experiences of transgender tenants to fully assess the impact of the new duty to consider the effect of domestic abuse on rent arrears before commencing legal action to recover possession of a property.

Data around the prevalence and experiences of trans people in the Scottish social rental sector are limited. We do not have reliable estimates for the number of trans or non-binary people in Scotland at present, including those living specifically within the SRS.

A study published by Stonewall and Yougov in 2018 "LGBT In Britain – Trans Report" found that 28% of respondents who had been in a relationship in the previous year said they had experienced domestic abuse, and 25% of respondents had experienced homelessness, but the study did not specifically consider the extent to which trans people's experience of homelessness was linked to domestic abuse.

In a published response to the recent consultation on A Human Rights Bill for Scotland^[44], the Equality Network cited (yet unpublished) data from a survey undertaken by Scottish Trans which ran from March 2023 – June 2023 and surveyed 575 trans and non-binary people from across Scotland about their experiences of housing and the cost-of-living, among other topics. The findings report experiences of discrimination, housing insecurity, and in the case of trans respondents, the cost of living crisis causing respondents to have to make choices between necessities and gender affirming purchases. Detail of survey results and methodology were not yet available for assessment at the time of drafting so it is not possible to comment on the robustness of these findings.

The consultation response also expressed that trans people may experience an additional layer of difficulty when seeking benefits via the Department for Work and Pensions (DWP) due to administrative issues arising from either not having a GRC (gender recognition certificate), or due to issues caused by current and previous details such as names no longer matching on the system. According to the UK Government’s national LGBT Survey Report (2018)^[45], only 12% of the trans men and trans women respondents who had either started or finished transitioning had obtained a GRC.

Strengthening protection for tenants with rent arrears as a result of domestic abuse is aimed at supporting improved outcomes for all tenants, including transgender tenants.

Based on the information available, and that the new measure will apply to all tenants subject to domestic abuse who are facing possible eviction action for rent arrears in court, the impact of the new duty on the three elements of the public sector equality duty is neutral in regard to transgender tenants.

Sexual orientation

There is insufficient information about the experiences of social housing tenants of different sexual orientations to fully assess the impact of the additional duties to consider the effect of domestic abuse on rent arrears before commencing legal action to recover possession of a property.

The available evidence suggests that more cis lesbian, gay and bisexual people privately rent: people living in the private rented sector are more likely to identify as either ‘lesbian, gay, bisexual or other’ (LGB) than the population as a whole: 6.9% compared to 2.9%^[46].

Poverty and income inequality analysis data suggests the poverty rate has been consistently higher for LGBTI adults compared to straight / heterosexual adults. In 2020-2023 it is estimated that 25% of those identifying as LGB+ were in relative poverty after housing costs, compared to 19% of straight adults.^[47] However, it should be noted that the analysis flags that there were too few LGB+ identifying adults in poverty in the sample to produce a robust estimate of their population and measurement uncertainty is quite wide for this group.

Domestic abuse

A Stonewall report on LGBT in Britain states that more than one in ten LGBT people (11%) have faced domestic abuse from a partner in the last year. Also, almost one in five LGBT people (18%) have experienced homelessness at some point in their lives. This number increases to almost three in ten LGBT disabled people (28%) compared to more than one in ten LGBT people who aren't disabled (11%).^[48]

Homelessness

The Albert Kennedy Trust conducted research in 2015 and found that LGBT young people are disproportionately represented amongst the young homeless population, with as many as 24% of young homeless people aged 16-24 in the UK identifying as such. 69% of those experience violence, abuse or rejection from the family home and 77% state that their LGBT identity was a causal factor in their homelessness. However, information on the sexual orientation of people making homelessness applications to local authorities is not collected and as such, it is not possible to determine if people are at differential risk of becoming homeless as a result of a domestic abuse because of their sexual orientation.^[49]

Strengthening protection for tenants with rent arrears as a result of domestic abuse is aimed at supporting improved outcomes for all tenants, including transgender tenants.

Based on the information available, and that the new measure will apply to all tenants subject to domestic abuse where eviction action for rent arrears is being considered, the impact of the new duty on the three elements of the public sector equality duty is neutral in regard to tenants of different sexual orientation.

Race

As with other groups with protected characteristics, there is no available data on the ethnicity of social housing tenants where eviction proceedings have been raised in court.

In the social rented sector, the Scottish Surveys Core Questions indicate that the majority (79.6%) of adult respondents in the social rented sector recorded their ethnicity as ‘White: Scottish’, and 7.3% recorded their ethnicity as White: British, and 1.9% as White: Polish. 2.2 % recorded their ethnicity as White 'Other'^[50] and 3.2% recorded their ethnicity as Asian^[51]. All other ethnic groups make up 5.7% of the social rented sector.^[52]

A 2022 Scottish Government analytical paper^[53] drawing together evidence about cost of living found that:

“[m]inority ethnic groups are significantly more likely to live in larger households^[54], to be unpaid carers and live in private rented accommodation. Minority ethnic households are also more likely to have deeper levels of poverty^[55] and so a greater proportion of their income is likely to be spent on essentials which are subject to inflation.”

A 2023 report by Netto et al on work carried out by researchers at the Urban Institute at Heriot Watt University in partnership with Shelter Scotland and Cemvo Scotland aimed to understand minority ethnic people’s experiences with social housing^[56]. This was based on a systematic evidence review, an online survey with social landlords and interviews with a small sample of thirty ME and ten white Scottish participants on low and middle incomes from urban and rural locations with a range of ages, household compositions, tenure and employment statuses.

Findings from this report included indications that, compared to white Scottish interviewees, a different set of drivers motivated ME interviewees to seek new housing, including changes to or difficulty in securing employment, fear of and experience of racial harassment including intergenerational impacts, poor housing conditions and lack of space. The report also found that the majority (95%) of ME interviewees found their current housing unaffordable. Affordability issues led to ME interviewees living in Scotland to seek social housing. However, the 2022 Scottish Household Survey^[57] reported similar rates of difficulties in paying the mortgage or rent when comparing households where the person with the highest income was either white or minority ethnic.

In terms of intersectional experiences, the Scottish Government’s Evidence review^[58] found that for minority ethnic women, isolation, language difficulties and experiences of racism, may increase their risk of experiencing homelessness or prevent them from escaping domestic abuse.

Domestic abuse and homelessness

There is limited information available concerning how homelessness arising from domestic abuse affects people on the basis of race/ethnicity. Data on homelessness applications made to local authorities does collect information on applicants' ethnicity and this shows that applicants of Asian, Asian Scottish or Asian British ethnicity are most likely to state the reason for their homelessness application as a 'violent or abusive dispute within the household'. This accounts for 20% of all applications from Asian, Asian Scottish or Asian British applicants (and 41% of female Asian, Asian Scottish or Asian British applicants) and compares to 12% of all applications in total.

It is not clear from the data available how many of these homeless applications are as a direct result of an eviction order being granted by the Courts on rent arrears grounds, where domestic abuse was a factor. Where it is however, these tenants will potentially benefit from the strengthened protections in the Bill.

Strengthening protection for tenants with rent arrears as a result of domestic abuse against eviction is aimed at supporting improved outcomes for all social housing tenants including, those from different ethnic backgrounds.

Based on the information available, and that the new measure will apply to all tenants subject to domestic abuse where eviction action for rent arrears is being considered, the impact of the new duty on the three elements of the public sector equality duty is neutral in regard to tenants of different race/ethnicity.

Religion or belief

There is no disaggregated data on the religion or belief of social housing tenants who are party to an application or proceedings for eviction.

According to the 2022 Scottish Surveys Core Questions, the most common religious designation across all housing tenures is ‘no religion’. People who live in the private rented sector and social rented sector are more likely to identify as being 'Muslim' or ‘other religion’^[59] compared to those who own their homes outright and those who own their homes with a mortgage.

In 2018-2023, Muslim adults and adults identifying as ‘other religion’ were more likely to be in relative poverty (61% and 31% respectively) than adults overall (19%) and adults belonging to the Church of Scotland (16%), after housing costs were taken into account.^[60]

There is a lack of evidence that domestic abuse differentially affects people on the basis of their religion or belief. However, an Improvement Service briefing in July 2015 noted that "a recent study by the Equality and Human Rights Commission highlights that much domestic abuse is never reported, and under-reporting is a particular issue in women from religious and ethnic minority communities."^[61]

Strengthening protection for tenants with rent arrears incurred as a result of domestic abuse against eviction is aimed at supporting improved outcomes for all social housing tenants, including those of different religions.

Based on the information available, and that the new measure will apply to all tenants subject to domestic abuse where eviction action for rent arrears is being considered, the impact of the new duty on the three elements of the public sector equality duty is neutral in regard to tenants of different religion or beliefs.