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

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.


Fairer Scotland Duty - Summary

Title of Policy, Strategy, Programme etc

The Homeless Persons (Unsuitable Accommodation) (Scotland) Amendment (No.2) Order 2020

Summary of aims and expected outcomes of strategy, proposal, programme or policy

The aim of the policy is to amend drafting issues in the 2020/139 Homeless Persons (Unsuitable Accommodation) (Scotland) Amendment Order 2020 (laid May 2020) which amended the Homeless Persons (Unsuitable Accommodation) (Scotland) Order 2014, to ensure that that no homeless household group is disadvantaged as a result.

To ensure that new models of temporary accommodation, shared tenancies, community hosting and rapid access accommodation meet the relevant suitability criteria of Article 5 of the 2014 Order.

Adding wording that states that the new models of accommodation are not suitable where the household includes:

  • a pregnant woman; 
  • a dependent child; 
  • or a person who exercises parental rights in   respect of a dependent child who is not part of the household; and
  • where the household has agreed to be placed in the accommodation.

Adding wording to ensure that the physical accessibility and suitability needs of vulnerable people are met.

Summary of evidence 

The amendment provides:

more clarity on the new models of temporary accommodation and the relevant suitability criteria they must meet. 

states that this accommodation is not suitable where the household includes a pregnant woman, a family with dependent child, or a person who exercises parental rights in respect of a dependent child who is not part of the household. 

Adds that a household must agree to be placed in the accommodation; and

that local authorities need to ensure that the physical accessibility and suitability needs of vulnerable people are met.

The long term policy implementation implications will mean that no-one who is homeless should be in unsuitable accommodation for more than seven days and all should move to settled accommodation quicker. 

Statistics show that it is detrimental to the general wellbeing for people who remain in unsuitable accommodation for long periods. Not having access to appropriate accommodation means they are more likely to suffer from various health issues.     

Summary of assessment findings

This amendment is being made to remedy the drafting issues of the legislation 2020/139 laid in May 2020. To provide clarity and avoid misinterpretation of the legislation laid in May 2020 so that no homeless household is placed in unsuitable temporary accommodation for more than seven days.

Sign off 

Janine Kellett, Unit Head, Homelessness, Better Homes Division

8 December 2020

On behalf of:

Name: Catriona MacKean

Job title: DD Better Homes Division

Contact

Email: Homelessness_External_Mail@gov.scot

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