Publication - Impact assessment

Homeless Persons (Unsuitable Accommodation) (Scotland) Amendment (No.2) Order 2020: equality impact assessment

Published: 21 Dec 2020

This amendment to the 2014 Unsuitable Accommodation Order seeks to amend some of the Articles within the 2020/139 Order laid in May 2020 and to clarify terms and definitions of suitability of accommodation and when exemptions should apply.

25 page PDF

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25 page PDF

259.8 kB

Contents
Homeless Persons (Unsuitable Accommodation) (Scotland) Amendment (No.2) Order 2020: equality impact assessment
Stage 3: Assessing the impacts and identifying opportunities to promote equality

25 page PDF

259.8 kB

Stage 3: Assessing the impacts and identifying opportunities to promote equality

Having considered the data and evidence you have gathered, this section requires you to consider the potential impacts – negative and positive – that your policy might have on each of the protected characteristics. It is important to remember the duty is also a positive one – that we must explore whether the policy offers the opportunity to promote equality and/or foster good relations.

Do you think that the policy impacts on people because of their age?

Age

Positive

Negative

None

Reasons for your decision

Eliminating unlawful discrimination, harassment and victimisation

x

The policy development was primarily to eliminate the current distinction where a seven day restriction on the time spent in unsuitable accommodation only applied to pregnant women and families with children who are homeless. Opening the restriction from this cohort to all homeless households means that the age profile will change from the current UAO focus on younger people who are specifically targeted as a priority group under the 2014 Order.

Advancing equality of opportunity

x

This policy development aimed to offer equal opportunity to all people presenting as homeless and opens the seven day restriction up to all. The legislation includes a new accommodation model - for community hosting. This model is used more frequently at the moment for young, single people, however, the Scottish Government wishes to see this model being used, where it is appropriate to do so, for a wider age demographic.

In addition shared tenancy and rapid access accommodation models have been added to the legislation to cater for the fact that it is no longer only families that are the focus of the order and these accommodation types are focussed on single people needs.

Promoting good relations among and between different age groups

x

The policy is not intended or expected to directly or indirectly impact on the interactions among and between different age groups.

Do you think that the policy impacts disabled people?

Disability

Positive

Negative

None

Reasons for your decision

Eliminating unlawful discrimination, harassment and victimisation

x

This policy development aims to eliminate discrimination as it will open the seven day restriction of time spent in unsuitable accommodation to all persons experiencing homelessness.

Advancing equality of opportunity

x

This policy development aims to offer equal opportunity to all people presenting as homeless and opens the seven day restriction up to all. An exemption does exist for supported accommodation, some of the users of which are those with physical disabilities and learning difficulties, however the policy aims to ensure that there is equality of access to suitable temporary and supported accommodation for all.

The legislative amendment adds in wording to ensure that the physical accessibility and suitability needs of vulnerable people are met.

Promoting good relations among and between disabled and non-disabled people

x

The policy is not intended or expected to directly or indirectly impact on the interactions among and between people with and without disabilities.

Do you think that the policy impacts on men and women in different ways?

Sex

Positive

Negative

None

Reasons for your decision

Eliminating unlawful discrimination

x

This policy development aims to eliminate discrimination as it will open the seven day restriction of time spent in unsuitable accommodation to all persons experiencing homelessness.

Men and women do experience homelessness in different ways, including the reasons for becoming homeless in the first place.

For female main applicants, the most common reason for making a homelessness application is a violent or abusive dispute within the household, this accounts for 23% of all applications from female main applicants and compares to 5% of applications from male main applicants. This amendment to the Order retains an exemption for refuges, allowing women the ability to flee from domestic violence as a top priority.

The data shows us that single males are more likely to be placed in B&Bs or hostels than any other group and men are most likely to be sleeping rough.

The legislation includes the addition of rapid access accommodation where the priority is to get those who are rough sleeping or those at risk of rough sleeping a place to go and help and support.

Advancing equality of opportunity

x

This policy development aims to offer equal opportunity to all people presenting as homeless and opens the seven day restriction up to all.

Promoting good relations between men and women

x

The policy is not intended or expected to directly or indirectly impact on the interactions among and between different genders.

Do you think that the policy impacts on women because of pregnancy and maternity?

Pregnancy and

Maternity

Positive

Negative

None

Reasons for your decision

Eliminating unlawful discrimination

x

This policy development aims to offer equal opportunity to all people presenting as homeless and opens the seven day restriction up to all. This removes the former positive discrimination that only applied to women who are pregnant and families with children under the current UAO.

Advancing equality of opportunity

x

This policy development aims to offer equal opportunity to all people presenting as homeless and opens the seven day restriction up to all, which currently already applies to women who are pregnant and families with children.

Promoting good relations

x

The policy is not intended or expected to directly or indirectly impact on the interactions among and between people with different pregnancy or maternity statuses.

Do you think your policy impacts on transgender people?

Gender reassignment

Positive

Negative

None

Reasons for your decision

Eliminating unlawful discrimination

x

This policy development aims to eliminate discrimination as it will open the seven day restriction of time spent in unsuitable accommodation to all persons experiencing homelessness.

Advancing equality of opportunity

x

This policy development aims to offer equal opportunity to all people presenting as homeless and opens the seven day restriction up to all.

Promoting good relations

x

The policy is not intended or expected to directly or indirectly impact on the interactions among and between cisgender and transgender people.

Do you think that the policy impacts on people because of their sexual orientation?

Sexual orientation

Positive

Negative

None

Reasons for your decision

Eliminating unlawful discrimination

x

This policy development aims to eliminate discrimination as it will open the seven day restriction of time spent in unsuitable accommodation to all persons experiencing homelessness.

Advancing equality of opportunity

x

This policy development aims to offer equal opportunity to all people presenting as homeless and opens the seven day restriction up to all.

Promoting good relations

x

The policy is not intended or expected to directly or indirectly impact on the interactions among and between people with different sexual orientations.

Do you think the policy impacts on people on the grounds of their race?

Race

Positive

Negative

None

Reasons for your decision

Eliminating unlawful discrimination

x

This policy development aims to eliminate discrimination as it will open the seven day restriction of time spent in unsuitable accommodation to all persons experiencing homelessness, regardless of race.

During 2019/20, 86% of main applicants were of White ethnicity (74% were of White Scottish ethnicity). By comparison 96% of the Scottish population are of white ethnicity (84% White Scottish)

Under the current UAO, the data shows that the highest percentage of people staying in unsuitable accommodation identifies as white ethnicity, making up 56% of all those placed in unsuitable accommodation for more than seven days.

Advancing equality of opportunity

x

This policy development aims to offer equal opportunity to all people presenting as homeless and opens the seven day restriction up to all.

Promoting good race relations

x

The policy is not intended or expected to directly or indirectly impact on the interactions among and between different ethnicities.

Do you think the policy impacts on people because of their religion or belief?

Religion or belief

Positive

Negative

None

Reasons for your decision

Eliminating unlawful discrimination

x

This policy development aims to eliminate discrimination as it will open the seven day restriction of time spent in unsuitable accommodation to all persons experiencing homelessness.

Advancing equality of opportunity

x

This policy development aims to offer equal opportunity to all people presenting as homeless and opens the seven day restriction up to all.

Promoting good relations

x

The policy is not intended or expected to directly or indirectly impact on the interactions among and between people with different religions and beliefs.

Do you think the policy impacts on people because of their marriage or civil partnership?

Marriage and Civil Partnership[2]

Positive

Negative

None

Reasons for your decision

Eliminating unlawful discrimination

x

This policy development aims to eliminate discrimination as it offer equal opportunity to all people presenting as homeless and opens the seven day restriction of time spent in unsuitable accommodation to all.


Contact

Email: Homelessness_External_Mail@gov.scot