Homelessness in Scotland: Progressive Legislation for a Progressive Nation

Yes activist Kevin Kane looks at the differences in housing legislation north and south of the border

Introduction

Homelessness in England has increased dramatically since the UK coalition government came into power, with a 37% rise in rough sleepers in the country since 2010.¹ This is in stark contrast to Scotland, where the Scottish Government has introduced the most progressive homelessness legislation in Western Europe² and homelessness is steadily decreasing. Given that homelessness in Scotland is falling even in the face of harsh Westminster Government policies is a testament to the progressive, forward-thinking ethos of the Scottish Government.

Yet, the homelessness charity Crisis has warned that the coalition government’s welfare cuts risk undermining the achievements Scotland has made in tackling homelessness.³ This article considers the state of affairs regarding homelessness legislation in each of these two nations; so close in terms of geography, but miles apart in terms of ideology. What will become clear by the conclusion of this report is that the differing approaches to homelessness are indicative of a wider political and societal gulf between the governments of Scotland and England and stress the need for Scotland to vote ‘Yes’ to independence on the 18th of September 2014.

A Tale of Two Governments

In 2009, the Labour government removed the ring fence from housing support services to the vulnerable in England, known as ‘Supporting People’.4 This, combined with subsequent cuts under the coalition government, means many councils in England have had to reduce services aimed at preventing homelessness, contributing to the 37% increase in rough sleepers since 2010.⁵ As an example, last year Derby City Council began a two-year programme of 82% cuts to its budget for supported housing. Two years ago Nottinghamshire Council, then Tory-controlled, cut its Supporting People budget by 65%. Now under Labour control, the council is proposing a further cut of £3.2m for housing related services including homeless services.⁶

While councils slash their homelessness budgets and reduce frontline services for homeless people, the coalition government’s welfare cuts are increasing rates of homelessness, with Crisis assessing that the most problematic aspects of welfare reforms introduced in 2013 include: the overall benefit caps; the ‘spare room subsidy’ limits for social sector tenants (widely referred to as the ‘bedroom tax’); and localisation of the Social Fund.⁷ Crisis believes another contributing factor to be the shortfall in levels of new housing building in the country. In 2012/13, 113,260 households in England applied to their local authority for homelessness assistance - a rise of 11% on 2010/11.⁸ Crisis notes both rough sleeping and statutory homelessness are on a “sharp upward trajectory” in England.⁹

However, the picture is very different in Scotland. The Scottish Government has prioritised homelessness prevention and the number of rough sleepers here is falling. In 2007-2008, 10% of applicants for local authority homelessness assistance had slept rough the night before, this dropped to 4% by 2012-2013.¹⁰ In contrast to England, the number of people applying for homelessness assistance in Scotland has decreased in the past few years, with figures released in October 2012 finding there had been a 13% drop in Homelessness Applications in the country over the course of a year.¹¹ The Scottish Government partly attributes this to its Scottish Housing Options funding programme, which enables local authorities to develop a more holistic housing options approach to homelessness prevention.¹² The Scottish Government also publishes a statutory Code of Guidance on Homelessness, providing practical guidance to councils regarding how legislation and related policies should be implemented. Further Homelessness Prevention Guidance published in June 2009 helps local authorities develop homelessness prevention services and embed an early intervention approach to their service.¹³

The Scottish government also aims to deliver 30,000 affordable homes - including 20,000 for social rent - over the life of the current parliament and it aims to make £900 million available for affordable housing over the next three years.¹⁴

The Most Progressive Homelessness Legislation in Western Europe

However, Scotland’s most notable and lauded measure in reducing homelessness was introduced under The Homelessness etc. (Scotland) Act 2003, which entitled everyone in Scotland to a right to a home by 2012.¹⁵ The Act was passed by the Scottish Parliament in March 2003, giving Scotland one of the most progressive¹⁶ homelessness legislation in Western Europe.¹⁷¹⁸ In 2012 this vision became a reality by virtue of the Scottish Government approving the Homelessness (Abolition of Priority Need Test) (Scotland) Order 2012; meaning Scotland’s historic¹⁹ homelessness commitment - that all those assessed as unintentionally homeless by local authorities were to be entitled to settled accommodation (as a legal right) - became a reality.²⁰ Housing Minister Margaret Burgess said: “This is a significant moment in our efforts to tackle homelessness in Scotland. It enshrines in law the clear principle that anyone who loses their home through no fault of their own is entitled to settled accommodation” and in agreement with that position, Graeme Brown, Director of Shelter Scotland, stated “[t]he 2012 commitment is internationally regarded as leading the way in progressive homelessness reform and Shelter Scotland is delighted that today it is enshrined in law”. The Scottish Federation of Housing Association’s (SFHA) Chief Executive Dr Mary Taylor said: "SFHA commends the efforts of the Scottish Government and Scottish local authorities in realising the 2012 homelessness commitment. Scotland can be truly proud of this historic legislation”.²¹

Prior to this secondary legislation being passed, the right to settled accommodation only applied to groups considered to be priority need (which continues in England and Wales), such as families with dependent children - not single people, who make up the majority of those who are homeless.²² Perhaps a more simple way of assessing this legislation is that everyone who is unintentionally homeless is now regarded as a priority.

As priority need has been abolished, the crucial test is whether the individuals in question will be deemed intentionally or unintentionally homeless. An important note for applicants is that the onus is on the council to prove that they became homeless intentionally, not for the applicant to prove that they did not. The council must prove that they deliberately did or did not do something that caused them to leave accommodation which they could otherwise have stayed in and which would have been reasonable for them to stay in. Where an applicant is deemed to be intentionally homeless, a local authority is also legally obliged to provide that person with temporary accommodation for a limited period to allow them reasonable opportunity to find their own accommodation.

The Westminster Government: Undermining Scotland’s Efforts

Crisis observes that any ‘radical weakening’²³ in welfare protection is likely to have damaging homelessness consequences. Crisis states, “almost all aspects of the Coalition Government’s welfare reforms are considered to be problematic with respect to their implications for homelessness, to a greater or lesser degree”.²⁴

Crisis researcher Professor Suzanne Fitzpatrick suggests that Scotland can only do so much in the face of further Westminster cuts, noting that: “it remains to be seen whether such gains can be maintained in the face of the prolonged recession, radical welfare cutbacks, and a tightening supply of affordable housing for those on low and modest incomes.”²⁵

David Ogilvie, policy manager for the Scottish Federation of Housing Associations, attributes the ongoing reduction in homelessness in Scotland is down to the strong emphasis Scottish Government policy places upon homelessness prevention and tenancy sustainment. He added: "We are concerned that, with the rollout of the UK coalition government's welfare reforms, come some serious challenges to homelessness service provision which could undermine some of the excellent homelessness prevention and tenancy sustainment work carried out by social landlords and others here in Scotland.²⁶"

Holyrood and Westminster - Contrast

The abolition of priority need and the proposed Housing Bill illustrates a markedly different approach to homelessness taken by the Scottish Government compared to that of the UK Government and is indicative of the contrasting mind-sets of the respective governments. As a further example of this, in 2011 the Conservative controlled Westminster council, in their wisdom, proposed outlawing charity-led "soup runs" for rough sleepers, aimed at keeping homeless people off the streets.²⁷ As part of this proposed bylaw, people would be fined in and around the Westminster Cathedral piazza if they had the temerity to "lie down or sleep in any public place".²⁸ Thus, we have a situation where the Scottish Government is attempting to address the problem of homelessness by making everyone a priority, whilst at the same time the Tories at Westminster are set upon a path of criminalising homelessness – even going so far as proposing to fine those people who "deposit bedding" or “distribute free food and drink” to help those in need.²⁹ This is not sensible governance and it is as short sighted as it is cruel. In the words of Aristotle: “You can judge a nation by the way it treats its most vulnerable citizens.”

The people who dream up these laws are part of a system that we are supposed to believe has Scotland’s best interests at heart, yet they are unable to look after the most vulnerable in their own backyard. This demonstrates, yet again, the divergence in political ethos between the Holyrood and Westminster administrations and gives us a tangible indication of what a Scottish Parliament could achieve in terms of social justice and equality if it has the full powers to design policy to the betterment of the people of Scotland.

Looking to the Future: Independence and a Constitution for the Scottish People

On the 18th of September 2014, Scotland goes to polls to decide whether to become an independent country.³⁰ If the people of Scotland vote YES, welfare in Scotland will no longer be the remit of the Westminster Parliament, meaning never again will Scotland suffer at the hands of Oxbridge, Tory led policies. The proposals being pioneered by the Scottish Government are that in the event of a vote in favour of Scottish independence, Scotland should begin its life with a constitution that serves to protect the rights of Scottish citizens.³¹ Another group proposing a similar, perhaps more advanced vision is the “Common Weal”.³² Their aim is to assist with the preparation of a robust interim constitution, ready to go on day one of independence.³³ Proponents of the Common Weal assert that this will guarantee democratic principles and fundamental rights (such as a right to a home) until the constitution is fully ratified.³⁴

So, how do we, in Scotland, build upon the abolition of priority need and bring ideas like the Common Weal to life? We must accept that attempting to mitigate the effects of Tory rule is as illogical as it is unacceptable and realise that Labour inspire nothing in the way of change in their position as the main UK opposition party. No more should Scotland be at Westminster’s behest - we must end London rule. We have a chance to do this by voting YES in the referendum on Scottish independence in 2014. It is a chance we must take and, in doing so, we can continue to engineer a more socially progressive nation that puts its people first. The abolition of priority need is one piece of the jigsaw towards that goal, but that jigsaw will remain tragically incomplete if the people of Scotland make the mistake of voting NO in September 2014.

1 The Independent (2014) http://www.independent.co.uk/news/uk/politics/down-and-out-in-austerity-britain-number-of-rough-sleepers-soars-by-37-per-cent-9152908.html

2 The Scottish Government ‘Tackling Homelessness’ (21 November, 2012) <http://www.scotland.gov.uk/News/Releases/2012/11/tackling-homelessness21112012> accessed 29 October2013.

3 Crisis, The Homeless Monitor 2012 - http://www.crisis.org.uk/data/files/publications/HomelessnessMonitor_Scotland_2012_complete.pdf

4 The Independent (2014) - http://www.independent.co.uk/news/uk/politics/down-and-out-in-austerity-britain-number-of-rough-sleepers-soars-by-37-per-cent-9152908.html

5 The Independent (2014) - http://www.independent.co.uk/news/uk/politics/down-and-out-in-austerity-britain-number-of-rough-sleepers-soars-by-37-per-cent-9152908.html

6 ibid

7 Crisis Homeless Monitor England - http://www.crisis.org.uk/data/files/publications/HomelessnessMonitorEngland2013.pdf

8 Crisis Statutory Homelessness Statistics http://www.crisis.org.uk/pages/statutory-homelessness-statistics.html

9 Crisis Homeless Monitor - http://www.crisis.org.uk/data/files/publications/TheHomelessnessMonitor_GB_ExecutiveSummary.pdf

10 ibid

11 Crisis – Statutory Homelessness Statistics http://www.crisis.org.uk/pages/statutory-homelessness-statistics.html

12 Scottish Government http://www.scotland.gov.uk/Topics/Built-Environment/Housing/homeless/HomelessnessPrevention

13Scottish Government http://www.scotland.gov.uk/Topics/Built-Environment/Housing/homeless/HomelessnessPrevention

14 BBC News (2013) - http://www.bbc.co.uk/news/uk-scotland-25002321

15 The Homelessness etc. (Scotland) Act 2003

16 The Scottish Government ‘Tackling Homelessness’ (21 November, 2012) <http://www.scotland.gov.uk/News/Releases/2012/11/tackling-homelessness21112012> accessed 29 October2013.

17 Ibid.

18 Shelter ‘Fact Sheet : The Homelessness etc. (Scotland) Act’ Shelter Policy Library (2004) <http://scotland.shelter.org.uk/__data/assets/pdf_file/0010/48628/PP21_Homelessness_etc_Scotland_Act.pdf> accessed 29 October 2013

19 The Scottish Government ‘Tackling Homelessness’ (21 November, 2012) <http://www.scotland.gov.uk/News/Releases/2012/11/tackling-homelessness21112012> accessed 29 October2013.

20 The Scottish Government <http://www.scotland.gov.uk/Topics/Built-Environment/Housing/homeless> accessed 30 October 2013

21 The Scottish Government ‘Tackling Homelessness’ (21 November, 2012) <http://www.scotland.gov.uk/News/Releases/2012/11/tackling-homelessness21112012> accessed 29 October2013.

22 Ibid

23 Crisis Homelessness Monitor http://www.crisis.org.uk/data/files/publications/TheHomelessnessMonitor_GB_ExecutiveSummary.pdf

24 ibid

25 Crisis, The Homeless Monitor 2012 - http://www.crisis.org.uk/data/files/publications/HomelessnessMonitor_Scotland_2012_complete.pdf

26 BBC News (2013) - http://www.bbc.co.uk/news/uk-scotland-25002321

27 The Guardian (2014) <http://www.theguardian.com/society/2011/mar/18/westminster-soup-run-ban-anger> Accessed 07 March 2014

28 ibid

29 Ibid

30 Colin Fox, “The case for an independent socialist Scotland” NewsnetScotland <http://newsnetscotland.com/index.php/referendum/8032-the-case-for-an-independent-socialist-scotland> accessed 30 October 2013

31 The Scottish Government Scotland’s Future: From the Referendum to Independence and A Written Constitution (APS Group, 2013) 5

32 Andy Wightman et al. “What is the common weal?” <http://scottishcommonweal.org/what-is-common-weal/> accessed 01 November 2013. “Common Weal is an emerging movement which is developing a vision for economic and social development in Scotland which is distinct and different from the political orthodoxy that dominates politics and economics in London”

33 Elliot Bulmer “A Scottish Constitution To Serve The Common Weal” The Herald (Friday 12 July, 2013) <http://www.heraldscotland.com/comment/columnists/a-scottish-constitution-to-serve-the-common-weal.21596982> accessed 01 November 2013

34 Ibid