Leading housing charity blasts Edinburgh's "inhumane" homelessness policy

Shelter Scotland wants ministers and regulators to intervene - which would be the first time they've used such powers

Author: Paul Reilly/Katrine Bussey, PA ScotlandPublished 12th Dec 2024

A charity has said Edinburgh Council's homelessness policy is stripping people of their rights.

Shelter Scotland is calling on the Scottish Government and regulator to intervene - in what would be the first time they've used such powers.

It's after it emerged temporary accommodation being used didn't have the right licenses.

Claiming the local authority - which formally declared a housing emergency in November 2023 - had made a "concerted effort" to undermine housing and homelessness rights, Shelter Scotland director Alison Watson insisted: "We cannot stand by and watch efforts to strip people of their housing rights without putting up a fight on behalf of the most disenfranchised people in our communities.

"Law breaking on this scale cannot be normalised."

The City of Edinburgh Council disputes Shelter's claims, with Gareth Barwell the authority's executive director of place, insisting the basis of Ms Watson's letters is "factually untrue".

But he said with the capital having the second highest levels of homelessness in Scotland, measures are needed to ensure "sufficient capacity to accommodate vulnerable individuals".

Ms Watson however has written to Mr Swinney "urging him to use his powers to call in the council's homelessness strategy for scrutiny".

In addition, Shelter Scotland wants the Scottish Housing Regulator to consider using its powers under the Housing Scotland 2010 Act to apply sanctions up to and including the appointment of new management in the council's housing department.

Shelter Scotland said it is demanding action after the council's Housing, Homelessness and Fair Work Committee voted in favour of proposals which the charity said will "strip people experiencing homelessness of their right to adequate housing".

The charity also claimed there are confirmed cases of homeless households being placed in unlicensed houses in multiple occupation (HMO) - adding this is a criminal offence.

Speaking ahead of a demonstration by the charity outside Edinburgh City Chambers on Thursday, Ms Watson said: "It should outrage everyone in Scotland that officers and elected members within a local authority have unilaterally decided to strip people in the capital of a fundamental human right.

"Edinburgh's homelessness crisis is partly of the council's own making, but instead of showing compassion and seeking to help some of the most disenfranchised people in our society, they have chosen instead to punish them in this inhumane way by taking away hard-won rights.

"Shelter Scotland has lost confidence in the leadership of the City of Edinburgh Council to do the right thing and uphold the rule of law.

"The leadership has systematically failed homeless people for years and is now stripping them of their rights to cover up their own failures.

"I have written to the First Minister, John Swinney MSP, urging him to use his powers to call in the council's homelessness strategy for scrutiny.

"It is our belief that this will highlight that the current strategy is not only unfit for purpose and cannot guarantee the rights of people at risk of homelessness, but is in fact in breach of the law.

"I have also written to the Scottish Housing Regulator as recent assurances provided by the council leadership in their annual statement clearly do not hold up to scrutiny."

She said those in the council "must reverse the committee's decision or else immediately step aside".

Mr Barwell however said "the representation made by Shelter to the press, the First Minister and Scottish Housing Regulator is fundamentally flawed".

Replying to Shelter Scotland, he said: "Our energy would be best served working together to tackle the housing emergency that Edinburgh, and many other Scottish local authorities, find ourselves facing."

He confirmed the council has written to the Scottish Government to call for a reintroduction of legislation requiring people to have a local connection to the city before being assessed as homeless there.

The council is also seeking a relaxation of the law that classes properties with shared facilities as being unsuitable accommodation for homeless people.

Housing minister Paul McLennan said: "I have met with City of Edinburgh Council to understand the council's plan to reduce reliance on unlicensed HMOs and how the Scottish Government can best support this transition so that it can continue to meet its statutory duties to homeless households.

"This includes providing flexibility in more than £14 million of additional funding to support acquisitions and help bring more void properties back into use."

The Scottish Housing Regulator said it has been engaging with the City of Edinburgh Council.

A spokesperson said on Thursday: "We received correspondence from Shelter Scotland late yesterday in relation to the council. We are considering our response to the matters raised in the correspondence from Shelter Scotland in line with our published regulatory framework.

"We will update our published engagement plan in light of any material change to our planned engagement with the council following our review of the matters raised by Shelter Scotland if required."

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