Professor Suzanne Fitzpatrick Heriot-Watt University

1. Professor Suzanne FitzpatrickHeriot-Watt University

2. The Broader Policy Context for Homelessness in Scotland Presentation to Beyond Homelessness: Putting Research into Practice, by Suzanne Fitzpatrick, 24th January 2011

3. The UK homelessness legislation is unique • Often there is a constitutional ‘right to housing’, but unenforceable –a ‘political marker of concern’ • There are enforceable rights to emergency shelter in some European countries; always confined to roofless households • French ‘DALO’ (2007) attempted to establish a legally-enforceable right to housing for social housing applicants (including homeless people) who experience ‘an abnormally long delay’ – but vague and complex = No other country outside UK provides homeless people with clear, legally-enforceable rights to permanent or settled housing

4. Legislative and policy divergence within UK • Intense period of policy activity on homelessness since devolution - particularly in Scotland (Homelessness Task Force) and England (Homelessness Directorate) • Legislative framework has now diverged across the UK: Scotland has a far stronger statutory safety net than elsewhere (the 2001 and 2003 Acts and 2012 target; Human Rights awards) • Homelessness prevention has had a major (and controversial) impact in England and Wales - much less so in Scotland and N.I. thus far

5. Homelessness prevention • England - 2002 Act - homelessness strategies - 2005 target to halve households in TA by end 2010 • ‘housing options’ - PRS, family mediation, sanctuary schemes, tenancy support, etc • massive drop in homelessness acceptances - ‘gatekeeping’? • Wales – similar approach and results to England • Scotland- cautious, limited and experimental in comparison, but now changing… • N.I. – just coming onto the agenda

6. Impact of homelessness prevention in England by 2009/10 • Homelessness prevention activity outside statutory framework (‘cases where positive action was successful in preventing or relieving homelessness’) • 165,200 cases • 61% involved the household being assisted to obtain alternative accommodation (usually PRS) • 39% were assisted to remain in their existing home • Statutory homelessness ‘acceptances’ – 40,030 cases (70% down on 2003 peak) = almost as many homelessness acceptances in Scotland (36,643) as in the whole of England (40,030)

7. What is happening in England now? • Homelessness acceptance starting to rise again – last 2 quarters • Localism Bill – local control over access to waiting lists; end of security of tenure for social tenants?; ‘compulsory’ discharge of duty into PRS fixed-term tenancies • Welfare reform – LHA, HB and Shared Room Rate (25-35 year olds); will restrict use of PRS to prevent homelessness/discharge duty

8. Policy changing rapidly in Scotland • 2012 target and shortage of social housing lets; can’t ‘build way out’ • Discharge of duty into PRS ‘short assured tenancies’ – ‘settled housing’ • ‘Housing options’ – seems muted in Fresh Thinking, New Ideas, but shift towards robust prevention; national seminar and funding for regional hubs; concerns over gatekeeping, but Scottish Housing Regulator has given ‘green light’ • Housing (Scotland) Act 2010 - new duty to assess housing support needs • Broader context – public funding cuts; Supporting People; constraints in new housing supply; HB/LHA/SRR

9. Conclusions • Funding cuts = very challenging time for housing and homelessness • But new emphasis on prevention and housing options = opportunity for more creative ‘problem solving’ than in the past • Social networks a key dimension of prevention and re-integration, e.g. Glasgow hostel closure study (under/over 50s) • Social networks relevant to new housing support duty?