Scottish Government

EXECUTIVE SUMMARY

Introduction

This report provides an analysis to the Scottish Government consultation "The Housing (Scotland) Act 2006: Guidance for local authorities". The consultation sought views on the guidance that the Scottish Government should give local authorities about how they implement the powers and carry out duties in the Housing (Scotland) Act 2006. The consultation exercise was launched on 9 April 2008 and ended on 1 July 2008. The consultation document was presented in six volumes and consultees were invited to complete a questionnaire incorporating 66 prescribed questions (or give an open response). A total of 84 responses were received including 29 of the 32 local authorities in Scotland.

This summary outlines the key issues from the consultation relating to each volume.

Volume One - Preparing and Delivering

• Respondents broadly felt that the publication of the section 72 statement was the best point of transition. However, there were concerns about having a sufficient 'lead in' period and the timescales for preparation of Local Housing Strategies ( LHSs).
• Most respondents felt that six months would not be a sufficient transition period - most local authorities said that a 12 month transition period would be more appropriate.
• Respondents generally felt that the guidance strikes a reasonable balance between national consistency and local flexibility.
• The majority of respondents agreed with the position taken on the Scottish Housing Quality Standard ( SHQS) since the SHQS is "aspirational" and not a statutory requirement for owners.
• Most respondents did not agree that it would be helpful to use maintenance order powers before other aspects of the new powers.
• There was strong support for the idea that non-local authority interests should be involved in training. There was also broad support for the idea of a qualification focusing on private sector housing issues. However some felt that there was no need for a "separate" qualification and that private sector issues should be appropriately covered within existing programmes.

Volume Two - Housing Renewal Areas and Repair, Improvement and Demolition

• Respondents broadly supported the guidance on Housing Renewal Areas ( HRAs) and found it helpful and comprehensive.
• Whilst appreciating the freedom to interpret the legislation at a local level, there was a very strong sense that more definitions should be agreed at a national level to ensure consistency. In particular, the use of terms such as "serious state of disrepair", and "dangerous" were seen to be confusing.
• There was some confusion about how the various pieces of legislation relate to one another. Respondents called for clarity on issues such as how enforcement of demolition varied between different legislation. Everyone supported the idea of an annex which sets out the various pieces of legislation and how they relate to one another.
• Most respondents found the annexes to the guidance helpful but there was overwhelming support for standard or sample templates for notices and other documents.
• There was concern about having the right resources and strategic framework in place to make best use of the powers. Respondents felt this might take time, and the challenges needed to be recognised. Some respondents called for the guidance to recognise the need to work in partnership.

Volume Three - Maintenance

• Respondents broadly felt that the guidance on maintenance was appropriate and would help them to implement the new powers. However, there were concerns about the lack of a definition of "reasonable standard" and the potential for inconsistent approaches across the country.
• Most respondents said that the annexes included in the guidance would help them produce the appropriate documents in relation to maintenance. Some stated that it would also be beneficial to include standard forms / templates.
• Many local authorities raised concerns about the potential costs of delivering the new powers in relation to maintenance. Several stressed that the administrative costs of maintenance orders and plans should be passed on to the owner.
• Several respondents were concerned about the practical implementation of maintenance orders and plans including issues around timescales, the provision of maintenance accounts and local authorities' powers in relation to them.

Volume Four -The Tolerable Standard

• Most respondents felt the guidance on the Tolerable Standard was helpful and struck a good balance. The level of guidance was seen as appropriate, although some gaps or issues were identified.
• Whilst there was support for thermal insulation and electrical installations being included in the guidance, a significant number of respondents felt these sections needed further clarification.
• When it came to the guidance on assessing rising and penetrating damp, views were very mixed. About half of respondents welcomed it and found it useful. But others disagreed with the approach taken and the definition of terms - there was evidence of a lot of confusion about what was being advised and some criticism about the approach.

Volume Five - Scheme of Assistance

• Respondents were supportive of the proposed blend of national and local information provision. Disabled organisations stressed the importance of information, advice and assistance being accessible across impairment groups - and designed in consultation with disabled people.
• The focus of advice provision through a One Stop Shop ( OSS) was supported although there were some concerns about the funding of this model and the potential timescales required to establish such a service.
• In terms of practical assistance, many respondents noted the level currently being provided particularly through Care and Repair services - and sought further guidance on an expanded role for Care and Repair.
• Consultees felt that in developing lending options, further consideration is required for owners who are unable to access a commercial loan or release equity from their home.
• In addition to the lending products proposed in the guidance respondents felt that further consideration should be given to: products available through credit unions (particularly for smaller amounts); Sharia compliant loans; and insurance based products.
• Most respondents agreed that a minimum amount of an owner's wealth should be disregarded when assessing affordability of work to be undertaken. It was felt that the minimum amount to be disregarded should be in line with current benefits regulations.
• The majority of respondents thought that it was unlikely that the commercial market would develop a Home Appreciation Loan ( HAL).
• There was broad support for the creation of a National Lending Unit ( NLU).
• Many respondents felt that "top-slicing" was the best approach to funding the new NLU. However, several felt this should only happen if there was no other alternative and others preferred the idea of central funding - without the need to change Private Sector Housing Grant ( PSHG) budgets.
• There was strong support for the NLU to be delivered with the Scottish Government taking the lead, establishing the NLU centrally and making its services available to all local authorities in Scotland (Option Five in the guidance).
• Most respondents supported the creation of a publicly funded financial advice service on grounds that it would provide an independent service, would bring consistency across the country and would provide economies of scale. However, there was some concern about the delivery of the service to those living in more remote areas.
• A majority felt that the advice service should be delivered as part of the NLU to ensure a consistent approach across the country and provide the appropriate level of control.
• A strong majority of respondents supported the proposal to regulate for adaptations to attract mandatory grant.
• Most respondents supported the idea of restricting mandatory grant in cases where additional living accommodation is being provided. However, several disability organisations were strongly opposed on the grounds that additional living space is often required due to disability and in order for a family to remain in their home.
• Most respondents supported the intention to regulate for 80% minimum grant for grant-aided works related to a disability (increasing to 100% for people in receipt of specific benefits).
• There was strong opposition to the idea of a national tendering exercise for permanent adaptations mainly on grounds that it would be detrimental to local contractors who are perceived as often providing a better service, value for money and having detailed local knowledge.
• Respondents felt that up-front grant would be a necessary tool in facilitating repair and improvement work to support strategic decisions and deliver local priorities and: where owners have low income and there are high costs for essential repairs; to encourage owners in buildings with common and shared parts; and where a subsidised loan is insufficient encouragement for householders to improve their properties.
• A small majority agreed that a nationally prescribed test of resources would no longer be necessary under the Scheme of Assistance. However, many respondents felt a national test was necessary to provide consistency and fairness.
• Most consultees agreed that a national expense limit (and the requirement to seek ministerial approval) was unnecessary. There was also strong support for local flexibility with several local authorities stating that they would probably keep a local expense limit.

Volume Six - Proposals for a National Trusted Trader Framework

• Respondents disagreed on who should lead on the development and delivery of a trusted trader framework. Overall, there was support for a trusted trader framework with some degree of central coordination and a degree of local delivery. Local authority respondents were less supportive of a role for the CLE as it currently exists - it was not seen as being very representative of smaller traders. Trade bodies were very supportive of a central role for CLE, and were concerned that too much focus on local schemes could lead to inconsistencies for customers and traders.
• There was some confusion over what a shared framework would look like, and what was being proposed in terms of delivery so responses varied.
• Most respondents supported (or were not opposed to) more than one level of accreditation. However, there were a significant number of respondents who felt this could be confusing for the public, and could lead to two tiers of quality.
• Respondents felt that monitoring and evaluation would be important to the success of the scheme. Some emphasised the importance of customer perspectives. Some respondents felt that monitoring should focus on a local level, whilst others focussed attention on national monitoring and evaluation. Some respondents placed a strong emphasis on external or independent monitoring.
• Respondents thought a successful trusted trader framework should deliver:
• a "critical mass of businesses" to offer enough choice;
• an accessible information source;
• a sound complaints process and action where the framework is breached;
• positive outcomes for the businesses in the scheme;
• link to industry standards and not be a burden to businesses; and
• a recognised brand, badge or mark and a strong commitment to marketing.