Local Housing Strategy: guidance 2026

Equalities

Local authorities should ensure that equality is central to all housing and housing services delivery.

Intersectionality

Local authorities should ensure that their LHS considers the concept of intersectionality. This involves recognising how the protected characteristics under the Equality Act 2010 (age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex and sexual orientation) can intersect with each other and with socio-economic status. These intersections create unique experiences that require tailored approaches.

By considering intersectionality in their assessments, local authorities can better fulfil their equalities obligations and their human rights obligations, ensuring housing policies address the complex needs of diverse communities and prevent discrimination against those with multiple protected characteristics.

Child Poverty and The Promise

In considering housing need, local authorities will want to consider the role that the housing stock plays in supporting national ambitions to eradicate child poverty, a whole family approach to wellbeing and to keep The Promise.

Digital Strategies

The Digital Strategy for Scotland sets out the measures which will ensure that Scotland will fulfil its potential in a constantly evolving digital world. Where local authorities have a digital inclusion strategy in place in relation to housing, this should be referenced in a LHS. This is important for ensuring equitable access to housing services for all residents, including those who face digital barriers. This is an example of a Digital Housing Strategy.

Equality Training

Where local authorities have plans to invest in ongoing training and capacity building on equality, diversity and inclusion, reference to this should be included in a LHS. This training should encompass understanding of both equality law requirements and human rights obligations.

Equality Duties

Section 106 of the 2001 Act states that local authorities must exercise the functions conferred on them by the Act in a manner that encourages equal opportunities and observance of the equal opportunity requirements set out in the Equality Act 2010. There is more information on legislation to protect the rights and welfare of disabled people in Scotland.

The Equality Act 2010 (Specific Duties) (Scotland) Regulations 2012 as amended also place obligations on listed authorities, including local authorities, to assess and review policies and practices.

Impact Assessments

A number of different assessments must be undertaken to support the preparation of a LHS. These assessments are an integral part of the plan making process and should inform and be informed by the plan as it is prepared. This includes an Equalities Impact Assessment (EQIA) which demonstrates compliance with the Public Sector Equality Duty, Child Rights and Wellbeing Impact Assessment (CRWIA), Fairer Scotland Duty Assessment, an Island Communities Impact Assessment (ICIA), and a Strategic Environmental Assessment (SEA) where appropriate.

Public Sector Equality Duty

The Public Sector Equality Duty (or general duty) in the Equality Act 2010 came into force in 2011. It means Scottish public authorities must have 'due regard' to the need to:

• eliminate unlawful discrimination
• advance equality of opportunity
• foster good relations between people who share a protected characteristic and those who do not.

To support Scottish public authorities in meeting their equality duties, the Equality and Human Rights Commission has produced technical guidance on the Public Sector Equality Duty in Scotland and a range of non-statutory guidance, including on equality outcomes, evidence, and making fair financial decisions. Local authorities are encouraged to consider this guidance on how public authorities can meet the requirements of the Equality Act 2010 and to use latest and accurate equalities data and research to help inform the development of LHS priorities and outcomes.

Equality Impact Assessments

EQIAs are an important mechanism for enabling equality considerations to be embedded into the policies, practices, procedures and priorities of public bodies in Scotland. In relation to preparing a LHS, conducting an EQIA provides a structured way to consider evidence about how policies might differently impact people with protected characteristics, and to ensure decisions address potential inequalities. This helps build equality considerations into policy development from the earliest stages.

The Scottish Government expects an EQIA to be carried out by all local authorities alongside the preparation of a LHS. A copy of the EQIA should be published alongside a LHS with a weblink included in the main LHS. Local authorities should consider the Fairer Scotland Duty in developing an EQIA to ensure that socio-economic factors are considered alongside other protected characteristics. Together with other evidence sources, local authorities may wish to consider the Equality Evidence Finder.

Local authorities may wish to consider conducting an integrated impact assessment to reduce duplication and increase synergies.

As part of the annual review of progress with delivery of LHS priorities and outcomes, local authorities should consider ongoing monitoring and evaluation around how well equality objectives are being met.

Health Impact Assessments

Local authorities may wish to consider undertaking a Health Impact Assessment (HIA) to help understand the impact that its policies are having in the reduction of health inequalities. Local authorities should be aware that a HIA encompasses EQIA, Human Rights and Health Impact Assessment all as part of the one assessment and consider this when developing impact assessments to support the development of a LHS.

Local authorities may wish to consider Public Health Scotland’s Guide to Health Impact Assessment and health impacts checklist. These set out how carrying out an HIA can help to meet the requirements of mandatory duties and other impact assessments including the Public Sector Equality Duty and/or Fairer Scotland Duty. Public Health Scotland has developed Health Impact Assessment tools and resources that will be helpful for local authorities.

Local authorities should be aware that the Public Health Scotland Health Impact Assessment Support Unit can support local authorities in the use of health impact assessments to integrate health and health inequalities into local decision making.

Some examples of Health Impact Assessments that have been carried out by local authorities are provided below:-

North Lanarkshire Council Local Housing Strategy 2021 to 2026 Health Impact Assessment

Scottish Borders Council Local Housing Strategy 2023 to 2028 Health Inequality Impact Assessment

Perth and Kinross Council Local Housing Strategy 2022 to 2027 Health Inequalities Impact Assessment

Child Rights and Wellbeing Impact Assessment

A Child Rights and Wellbeing Impact Assessment (CRWIA) is a process, tool and published output through which local authorities can identify, research, analyse and record the anticipated impact of any policy, programme or project on children's human rights and wellbeing. The Scottish Government encourages the use of CRWIAs as means of considering children and young people in decision-making and publishing the CRWIA too so others can see this consideration throughout the development of work. A CRWIA will also support local authorities with their reporting duty under section 18 of the UNCRC (Incorporation) (Scotland) Act 2024. The Scottish Government has published guidance on preparing a CRWIA, alongside examples and other useful resources.

Equality and Human Rights Impact Assessment

Local authorities may decide to extend the EQIA process to include wider Human Rights considerations and produce an Equality and Human Rights Impact Assessment. Local authorities are encouraged to consider the PANEL Principles as a guide to breaking down what a human rights approach means in practice. The PANEL principles provide a practical framework for applying human rights in everyday work:

• Participation: People should be involved in decisions that affect their rights. This means engaging those potentially affected by housing policies, particularly vulnerable groups.
• Accountability: There should be monitoring of how people's rights are being affected, with clear systems for addressing concerns. This includes transparent decision-making processes in housing provision.
• Non-discrimination: All forms of discrimination must be prohibited, prevented, and eliminated. Housing strategies should ensure equal access and prevent both direct and indirect discrimination.
• Empowerment: Everyone should understand their rights and be supported to participate in developing policies that affect their lives. This might include providing accessible information about housing rights and options.
• Legality: Approaches should be grounded in the legal rights that are set out in domestic and international laws. Housing strategies should reflect legal obligations regarding the right to adequate housing.

Incorporating these principles into considerations in relation to housing and housing related services can help ensure that human rights considerations are systematically addressed alongside equality impacts.

Fairer Scotland Duty

Local authorities, in developing a LHS, should give due consideration to the Fairer Scotland Duty which came into force in April 2018 (Equality Act 2010, Part 1). This duty places a responsibility on the public sector to have due regard (give active consideration) to how they can reduce inequalities of outcome caused by socio-economic disadvantage, when taking strategic decisions including priorities and outcomes included in a LHS. Public bodies can be held to account under the Duty, and publication of the assessment is recommended as the best way to demonstrate due regard.

A housing case study is included in the Fairer Scotland Duty Guidance.