Unsuitable Accommodation (Scotland) Order 2004

On 1 December 2004 the Scottish Parliament Communities Committee approved the Unsuitable Accommodation (Scotland) Order 2004. The Order was introduced as part of the Homelessness etc. (Scotland) Act 2003 and effectively bans the use of bed and breakfast accommodation for families with children, except in specific circumstances.

You can read the full text of the Order here.

How the order works

The Order works as follows:

1. Any accommodation used as temporary accommodation for families with children must meet certain basic standards. These include accommodation with adequate cooking and washing facilities, etc.
2. Families can only be placed in accommodation that does not meet these standards (usually bed and breakfast accommodation) in specific circumstances.
3. These exceptions allow for flexibility both for the family and the council, in exercising its duty. So, for example, a family can only be placed in unsuitable accommodation where they apply as homeless 'out of hours', or where there is no other accommodation available. In both these situations, the longest time they should spend in this accommodation is fourteen days.
4. However, if, at the end of fourteen days, a family chooses to stay in unsuitable accommodation rather than be moved, they can exercise that choice (this might be because they want to stay near a child's school, for example). In doing so, they must be offered alternative suitable accommodation by the local authority in order to ensure their choice is an informed one.

Bed and breakfast alternatives

The Order poses some challenges for local authorities, which many have already been responding to. In recent years, a number of local authorities have already achieved major successes in decreasing use of bed and breakfast accommodation for families.

Below are some examples of good practice in finding alternatives to bed and breakfast accommodation. Many local authorities see the solution as maximising use of current housing supply.

Fife Council: Bed and Breakfast Reduction Strategy

In recent years, Fife Council has pursued a Bed and Breakfast Reduction Strategy. This has included the launch of 'Home 4 Good', a partnership project between the local authority, HMS Fife, and voluntary sector providers. It has provided easier access to advice, assistance, and assessment for households in bed and breakfast accommodation.

According to the council, improved services to meet short and medium-term needs have resulted in a shorter stay in bed and breakfast accommodation and placement in more appropriate temporary and supported accommodation in or around their own locality.

The result of this concerted effort has been to eradicate the use of bed and breakfast accommodation for families. Between October 2002 and March 2003, the number of families in bed and breakfast accommodation in Fife reduced from 80 to 10. By March 2004, there were no families with children in bed and breakfast accommodation in Fife.

SFHA: Model Protocol for RSL leasing

Research has shown that compared with England, Scotland makes far less use of referrals to housing associations to house homeless people in need of temporary accommodation. In its response to the Scottish Government consultation on the order, the Scottish Federation of Housing Associations recommended that its members could play an 'expanded role' in the provision of temporary accommodation for homeless households. It referred to a recent survey that suggested that while not widespread across all local authorities, the referrals process, where it is taking place, is working well.

In producing a Bed and Breakfast Reduction Strategy, local authorities may wish to consider leasing temporary accommodation units from housing associations. SFHA believes that associations could enter into agreements with councils to provide an agreed number of temporary accommodation units. In April 2003, it developed a Model Protocol for RSL Leasing of Accommodation to Councils , which is available on its website, www.sfha.co.uk.

West Lothian Council: lease agreements with housing associations

West Lothian Council has developed leasing agreements with a number of local housing associations, in an attempt to decrease the use of bed and breakfast accommodation for families with children.

South Lanarkshire Council: lease agreements with private landlords

South Lanarkshire Council is attempting to reduce the number of families with children in bed and breakfast accommodation by establishing lease agreements with private landlords, for example in East Kilbride. According to the council, such agreements have enabled the council to develop 48 units of furnished tenancies.

Private Sector Leasing Schemes are becoming increasingly popular in many areas, as the surplus of private rented accommodation is seen as a potential solution to the dearth of affordable social housing.

South Lanarkshire also works in partnership with the voluntary sector, where a Barnardo's project called 'Night Shop' recruits volunteer families to provide short stay emergency accommodation for those who would otherwise be placed in bed and breakfast accommodation.

Edinburgh City Council: HMO Contracts

Edinburgh City Council is developing HMO Contracts with bed and breakfast providers that would increase physical standards in bed and breakfast accommodation. Such an approach means that Edinburgh's stock will meet the physical standards set in the Order.

South Ayrshire Council: prioritising families

South Ayrshire Council has developed use of temporary furnished accommodation and prioritises its use for families. The accommodation is returned to general housing stock after three years to prevent particular properties becoming labelled as homeless accommodation.

The needs of families

While the long-term solution may be to end the use of bed and breakfast accommodation altogether, there is still a requirement to respond to the needs of families who live there within the scope of the Order, that is, for up to fourteen days, or longer if the family so wishes. The aim is to ensure that families living in bed and breakfast accommodation face minimum disruption to their lives. Innovative solutions include:

• West Dunbartonshire Council has created a Health Support Worker post that is jointly managed by the councils and the two local health boards. The post is intended to work with families who are moving between two health board areas, to ensure that health needs are identified.
• Edinburgh City Council have developed a 'Keeping Safe' Project which is an outreach project working with vulnerable women with children living in bed and breakfast accommodation.
• The Children and Young People Affected by Homelessness Group in Aberdeen provides a cross-sector discussion forum, ensuring that particular issues for families living in bed and breakfast accommodation in the area are brought to the attention of service providers.
• A number of councils, including South Ayrshire provide funding for children to travel to school to enable the child to remain in school for the period of homelessness.