Technical Notes 2022, Issue 164 - Homeless Persons (Suspension of Referrals between Local Authorities) (Scotland) Order 2022

1. The purpose of this Technical Note is to provide Elected Members with an update in relation to the Homeless Persons (Scotland) Order 2022, which was laid before Parliament on 20 September 2022 and is due to come into force on 29 November 2022.
    
2. Background
   1. The Homelessness etc. (Scotland) Act 2003 sets out how local authorities carry out their homelessness functions.
       
3. 2. The Council currently investigate three parts to determine if homelessness duty is owed:

• The applicant is homelessness or at risk of homelessness within 56 days
• The applicant is unintentionally homeless
• The applicant has a local connection to the area

Where the applicant satisfies all of the above, the Council will accept duty to offer settled accommodation to the applicant via the Council’s Homelessness List.

3. ‘Local Connection’ is defined in section 27 the Housing (Scotland) Act 1987 as a connection which a person has with an area because:-

• they are or were in the past normally resident in it, and this residence was of their own choice; or
• they are employed in it; or
• they have family associations; or
• they have special circumstances.

Households who are fleeing violence do not need to satisfy the local connection part of a homelessness investigation.

1. 4. A notification is sent under section 33(1) of the Housing (Scotland) Act 1987 where the applicant has no local connection to East Dunbartonshire but a local connection can be established with another Local Authority.    Duty to house is then accepted by that authority.
       
2. 5. Where the applicant has no local connection with any local authority, the applicant can apply to any local authority.
       
3. Homeless Persons (Scotland) Order 2022
   1. When the order comes into force on 29 November 2022, the power for the Council under Section 33(1) of the Housing (Scotland) Act 1987 to notify another Scottish local authority will be suspended.
       
4. 2. The Council will not investigate if the application has a local connection to East Dunbartonshire as part of the homelessness investigation, as a result of this order.
       
5. Implications for EDC
   1. Prior to the order being implemented, consultation responses sent to the Scottish Government during 2018 and 2019 raised concern regarding the potential increase in homeless presentations to the area and the requirement for additional resources, to ensure that the Council can meet their homelessness duties and fully implement Rapid Rehousing Transition Plans (RRTPs).
       
6. 2. Although the impact of the Order is not yet known, it is likely that homelessness applications from households with no local connection to the area will increase. This will pose further challenges for a number of Services including Housing, Education, Health and Social Work.
       
   3. In the next few months, the Homelessness Team will look to monitor any impact and report concerns to the Scottish Government, this will include:

• increased homelessness numbers from applicants outwith the area
• pressure on temporary accommodation
• use of unsuitable accommodation and breaches of the Unsuitable Accommodation Order
• increases in referrals to support services such as housing support and/or Health and Social Care Partnership

1. 4. The Scottish Government intend to use the data gathered through current reporting mechanisms i.e. quarterly HL1 reports, to monitor the local connection status of homeless households. The Scottish Government will also engage regularly with local authorities and frontline services to gather qualitative information on the impact of the new legislation, particularly regarding the impact on homelessness services and support services.
       
2. 5. While historical data indicates that the power for local authorities to make local connection referrals is used infrequently, and has reduced over time, the Scottish Government acknowledge that there should be a mechanism for dealing with a situation where a particular authority cannot cope with an increased flow of applicants, should this occur. The 1987 Act, as amended, allows for action to be taken in these circumstances and Scottish Ministers retain the power to reverse or alter these modifications, in the event that information comes to light that suggests they are no longer appropriate.
       
3. 6. Further updates on the impact will be provided to Management Teams and relevant Committees as/when this is deemed to be appropriate.