The Scottish Government has consulted on moving on from the advisory standards (physical, location, service and management) currently included in the Code of Guidance of Homelessness, to a legally enforced framework based on those standards. It is proposed that the new framework could be included in the Scottish Social Housing Charter, with performance overseen by the Scottish Housing Regulator, which is due to be reviewed in 2027.

While CIH Scotland’s response to the consultation supports the principle of legally enforceable standards, it raises concerns with practicalities linked to the wording of some of the standards, the resources that would be required to meet them and the proposed timing of implementation.

Commenting on the response, Ashley Campbell, policy and practice manager at CIH Scotland, said: “Local authorities have been working hard to transform homelessness services, reduce the use of temporary accommodation and move away from the use of B&Bs. However, a range of external factors have led to increased pressure on homelessness services, increased breaches of statutory duties and the declaration of a national housing emergency.

“While we agree that local authorities should be providing the best possible accommodation and services, the mismatch between supply and demand means that in some cases, the provision of accommodation to meet an immediate need may take priority over the provision of the perfect accommodation.

“We strongly oppose the suggestion of any financial penalties or sanctions which would only direct resources away from vital services. Introducing legal standards may also increase the risk of legal challenge, again diverting resources away from where they are most needed.

“If the Scottish Government does move forward with plans for a legally enforceable set of standards, the wording would need careful consideration so that standards are not left open to interpretation. They must be clear, measurable and supported by guidance.

“The Scottish Government must also consider the resources that would be required to create reporting frameworks to monitor the standards, and any additional resources required to meet them. That could include additional staffing, training, physical improvements to properties or changing property portfolios. It must also question whether the timing is right to introduce new standards while local authority homeless services are already under pressure.”