Temporary accommodation standards framework

Footnotes

1. See Annex A, page 112.

2. All articles of the Homeless Persons (Unsuitable Accommodation) (Scotland) Amendment Orders (2020/139 and 2020/419) apply.

3. To ensure that the accommodation is suitable a needs assessment of the household is necessary in the provision of temporary accommodation.

4. Social landlord is the term for registered social landlords, housing associations, co-operatives and local authorities that provide housing and homelessness services.

5. Association of Local Authority Chief Housing Officers (ALACHO), the Chartered Institute of Housing (CIH), the Scottish Federation of Housing Associations (SFHA), Shelter Scotland, Scottish Women's Aid and supported by COSLA.

6. See Annex A, page 112.

7. The Equality Act 2010 guidance provides information to be taken into account in determining questions relating to the definition of protected characteristics, including disability. Local authorities should address the needs a household has as a result of any impairment when carrying out their functions under the Public Sector Equality Duty. The duty applies to the 'relevant protected characteristics' – age, disability, gender reassignment, pregnancy and maternity, race, religion and belief, sex, and sexual orientation – and, to a more limited extent, to the protected characteristic of marriage and civil partnership, to ensure the accommodation is suitable.

8. In rural areas, it may be difficult to meet accessible requirements in either the social or private sector, resulting in an offer of accommodation out with the local area, which conflicts with other standards relating to locality.

9. The Healthy, Safe and Secure section of Annex E in the SHQS Technical Guidance provides more information.

10. Under the Housing (Scotland) Act 1987, which is still in force, a room is available as sleeping accommodation if it is of a type normally used in the locality either as a bedroom or as a living room. SG published a Practice Guide on Social Housing Allocation in 2019 which provides information on the room standard.

11. In rural areas, availability of larger properties can be a challenge. Most temporary units tend to be one or two-bedroomed properties. Nevertheless, HMO standards apply.

12. Except where the household is in Shared Tenancy Accommodation, Community Hosting and Rapid Access Accommodation. In most cases, toilet facilities in these types of accommodation will be shared with the other residents.

13. Laundry facilities should be safe, secure, and available for use by parents and/or their children.

14. Scottish Housing Quality Standards and Tolerable Standards provide more information on cooking facilities.

15. Some rented accommodation is unfurnished. Suitable and Minimum furniture to be provided only where the accommodation is furnished.

16. Where possible, accounts should be held in the householder's name for reasons of consumer protection and accessing discounts and benefits. Where households are not able or allowed to put the account in their name, the local authority should ensure they can access equivalent support as provided by the Warm Homes Discount.

17. No one should be excluded from temporary accommodation on the grounds of affordability; however, affordability means different things to different households. Single parent households, of which the majority are women, are the most likely household type to live in the social rented sector, and relative poverty after housing costs is highest for single mothers. Temporary accommodation also needs to be just as affordable for working households as it is for households claiming housing benefit.

18. For example, WiFi and digital devices (either the provision of these or signposting to where they are publicly accessible, such as libraries and locality offices). The provision of mobile top-ups could also be considered. In rural areas, provision of access to digital technologies may not be available or challenging to deliver.

19. The Standards Framework cannot prescribe how people are supported to maintain relationships with their pets. Instead, each LA will need to consider how to achieve this on a case-by-case basis. An example of a pet-inclusive scheme is Paws for Thought, which is a joint initiative between Simon Community Scotland and the Dogs Trust. Additionally, each LA will need to determine what constitutes as acceptable pets, such as the type or number of pets.

20. The individual LA should determine whether it would be appropriate for visitation taking into account all guidance including MAPPA.

21. The Code of Guidance on Homelessness, section 8.14 provides examples of what some local authorities offer to help households.

22. In rural, less densely populated areas, there are additional challenges that households should be aware of as most permanent accommodation is not necessarily in close proximity to supermarkets, schools, health services, etc, nor is it well served by public transport. Local authorities will make best effort to accommodate households and consideration needs to be given to any location access requirements based on disability.

23. It can be challenging for rural social landlords/local authorities to place people close to family and social networks due to the location of available properties. The risk assessment conducted as part of the housing support service and allocation process will inform the offers of accommodation made.

24. Recent research published by CIH sets out information on the definition of cultural adequacy in relation to Human Rights.

25. Assessments can also take account of risks of prejudice-based abuse, such as homophobia, biphobia, transphobia, racism, etc.

26. Equally Safe: A Delivery Plan for Scotland's Strategy to prevent and eradicate violence against women and girls states domestic abuse competence should be incorporated in commissioned training resources for staff working in housing services to ensure an appropriate, safe, and consistent response to people who have experienced gender-based violence.

27. The Scottish Social Housing Charter's outcome for what social landlords, by complying with equalities legislation, should achieve for all tenants, regardless of their protected characteristics.

28. This can include referrals and support to engage with relevant support services for women and children as well as independent advice services - such as women's aid and rape crisis. Women may also be involved in criminal and civil legal action and require sign posting to legal advice and representation. In rural areas, households may have a greater distance to travel to access these support services.

29. The Housing Support Services (Homelessness) (Scotland) Regulations 2012 came into force on 1 June 2013. Regulation 2 prescribes four types of housing support services, which apply for the purposes of the 2010 duty.

30. In rural areas, the accommodation options may be limited.

31. Domestic abuse – trauma informed practice information

32. In practice, it may not be possible to deliver regular visits in rural areas.

33. This includes meeting the needs of people with a sensory impairment See Hear - gov.scot (www.gov.scot)

34. Shelter Scotland information on getting temporary accommodation from the council.

35. Housing Support Services guidance.

36. There may be delays in completing an assessment particularly where a household member has additional support needs, which require a specialist assessment which may not be immediately available to the local authority and when the resource is managed out with the local authority.

37. A minimum agreed notice period to end an occupancy agreement is required. The notice period can be flexible and based on individual circumstances, but it is suggested that in most cases this will be between 7 and 28 days. Sufficient procedural safeguards should be in place, to ensure that no one is removed from their temporary homeless accommodation on to the streets. Any decision to terminate an occupancy agreement prematurely should be communicated in writing and give rise to right to review that decision.

Further detail is available at the Guidance on standards for TA, published by CIH/Shelter. This guidance also provides information that covers the remaining bullet points under Management Services.

38. This can include advice and information on moving where necessary.