We support the general principles of this Bill and encourage you to give it your support at Stage 1.
This Bill will help Scotland meet its international human rights obligations and work towards ensuring that all children in Scotland have safe, secure and adequate housing to grow up in.
Human Rights Context
International human rights law recognises everyone has a right to an adequate standard of living, including adequate housing. This includes security of tenure, accessibility and protection against threats to health under the UN Covenant on Economic, Social and Cultural Rights.
Children have a right to adequate housing under Article 27(3) of the UNCRC:
“States Parties, in accordance with national conditions and within their means, shall take appropriate measures to assist parents and others responsible for the child to implement this right and shall in case of need provide material assistance and support programmes, particularly with regard to nutrition, clothing and housing.”
One in four children in Scotland live in poverty and around 10,000 children are living in temporary accommodation.[1] This is unacceptable. Homelessness, including time spent in unsuitable temporary accommodation, has wide-ranging impacts on children’s mental and physical health, affecting their future prospects.
The Bill includes a number of reforms including;
Rent Controls
We are pleased that the Local Government, Housing and Planning Committee has recognised, in its stage 1 report that rent controls on private sector rentals have the potential to protect the housing rights of children.[2]
More than 1 in 3 children in poverty live in privately rented accommodation[3] and are disproportionately affected by rent increases. During the cost-of-living crisis families are struggling with their bills; increasing relative poverty (after housing costs) and the risk of homelessness. There are disproportionate numbers of larger families (3+ children), and disabled children affected, due to the lack of social housing which is suitable for their needs.
We want to see workable and effective rent controls which better protect children and young people.
While we are supportive of the Bill, rent controls need to be applied in a way that protects tenants’ rights. We have some concerns about the recent Government announcement regarding the limit of rent increases with a suggested formula of CPI + 1%, capped at a maximum of 6%. This will mean that there is a mechanism for rents, in rent-controlled areas, to be increased above inflation when families are still feeling the effects of the cost-of-living crisis. This could see rents continue to become unaffordable for many and lead to children becoming homeless. We note that the Committee will hold further evidence sessions on this, and we hope that a different formula can be considered, for example linking increases to wage inflation.
A lack of data collection meant that ‘rent pressure zones’ were never properly implemented, Local Authorities need to be funded appropriately to allow for the correct data to be kept. Tenants also need to be given information about their rights and the tenancy/ landlord if they are to be able to properly access their rights and challenge rent increases.
Rights surrounding the Keeping of Pets and Decorating
As we outlined in our written evidence to the Committee[4], we are very supportive of the provisions which will allow those in private rents to make changes to their property, such as painting, and the ability to request permission to keep a pet.
The importance of pets and the positive influence they can have on the development and wellbeing of a child is well documented for their positive effect on mental health.
We would like to see that permission for these acts will not be unreasonably refused.
Homelessness Prevention
We are supportive of provisions to provide better protection against homelessness. They have the potential, if properly implemented, to help prevent homelessness. We feel that particular focus should be given to 16/17-year-olds and care experienced young people at risk of homelessness as they often have complex needs and are particularly vulnerable.
We are concerned about the abilities of local authorities to properly provide this service without adequate funding.
Domestic Abuse
These provisions seek to protect the rights of women and children who live in social housing, and are experiencing domestic abuse, to remain in their home or be re-housed. We are supportive of the provisions within the Bill but we would like to see stronger provisions to provide housing to women and children leaving abusive relationships.
Domestic abuse undermines the rights of children, and those rights are further undermined when homeless policy and service responses do not protect them from homelessness. It can be extremely difficult for a woman experiencing domestic abuse to leave, this is further complicated when children are involved. A fear of homelessness can be a real barrier to leaving an abusive relationship. There is a need for guaranteed places for women and children in these situations.
Traveller Site Fees
Those in the gypsy and traveller community face some of the highest levels of poverty and inequality and these provisions have the potential to provide them better protections.
If you would like any further information, then please contact:
Children and Young People’s Commissioner Scotland
27 November 2024
[1] Poverty in Scotland – Poverty & Inequality Commission, Prioritise homeless children in budget – Shelter Scotland
[2] Housing (Scotland) Bill Stage 1 Report
[3] Benefit Cap Forcing Families to Live on £44/week – new research | CPAG
[4] Response to Consultation on the Housing (Scotland) Bill – The Children and Young People’s Commissioner Scotland