Temporary accommodation standards framework - legal enforcement: consultation

Section 3 – Legal enforcement of the TASF

Section 1 referenced HARSAG’s recommendation that better standards for temporary accommodation could be achieved through the introduction of legal mechanisms.

In developing the TASF, the working group considered how the framework could be regulated and enforced. It was concluded that legal enforcement of the TASF would be best achieved through inclusion in the Charter. If the TASF is included via the Charter, the SHR, as the independent statutory regulator, would be obliged to assess social landlords’ performance in meeting the TASF.

Independent monitoring and regulation of social landlords’ performance

Section 1 provides information around the monitoring and regulation methods used to assess performance and ensure that social landlords meet the human right to adequate housing by providing good quality homes and services to their tenants and customers. These include the Scottish Housing Quality Standard/Guidance, the Charter, Landlord Performance Assessment, and the role that SHR undertakes.

The SHR, as the independent statutory regulator of social landlords in Scotland, has responsibility for monitoring, assessing, and reporting on how well social landlords, individually and collectively, achieve the Charter's outcomes.

All social landlords must submit an ARC to the SHR, and it is each landlord’s responsibility to ensure that the data they provide to the SHR is accurate. The SHR takes a wide approach to analysing the data submitted by landlords, such as considering other related indicators, reviewing comments boxes, and contacting landlords for clarification.

With a view to the TASF being included in the Charter, the SHR will need to consider how best to monitor performance of the TASF. It may be that a self-assurance and self-reporting approach – similar to that used for the SHQS – may be appropriate, with the SHR monitoring the number of placements that meet/do not meet the standards. New ARC indicators may also need to be introduced.

The SHR will need to determine and consult on the approach to take to monitoring achievement of the TASF by landlords. The Scottish Government will work with the SHR to develop how the performance of the TASF is assessed.

The Charter is due to be reviewed in 2027, at which point it is anticipated that the TASF will be included.

Ownership and review of the framework

The Scottish Government will retain ownership of the framework with built in review periods that will broadly align with that of the review of the Charter to ensure that the standards remain relevant and up to date.

A formal evaluation by the Scottish Government should be undertaken three years after implementation of the TASF to ensure the standards are being met, with responses from independent organisations sought.