Calling for special measures to be taken against a local authority for the first time, the housing and homelessness charity said it has “lost confidence” that the council will uphold the rule of law regarding the use of unlicensed HMO (Houses in Multiple Occupancy) accommodation to house some homeless households.

The campaigners were chiefly concerned about a debate and vote held during the council’s Housing, Homelessness and Fair Work Committee on December 3rd. According to Shelter Scotland, councillors “voted six to five in favour of proposals to strip people experiencing homelessness of their right to adequate housing through the provision of suitable temporary and permanent housing” - something strongly refuted by the local authority.

The protest echoes concerns raised by other housing and homelessness organisations which yesterday called on the Scottish Government to publicly commit to defending housing rights in all actions taken to address the housing emergency.

In a letter to cabinet secretary for social justice Shirley-Anne Somerville, the Everyone Collective and All in for Change said legal rights to access safe, suitable housing and support have been breached thousands of times by local authorities who are struggling to fulfil their duties amid the pressures of the housing emergency and tight budgets.

In its own letter, which was to Scottish Ministers and the Scottish Housing Regulator, Shelter Scotland warned that the City of Edinburgh Council’s plans are a concerted effort to undermine Scotland’s housing and homelessness rights system and that sanctions must be taken. 

It stated: “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.”

Alison Watson, the charity’s director, 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.

“The Scottish Government must do more to fully fund local services through the upcoming budget. However, more money won’t work if the wrong decisions are being taken locally on how to spend it.

“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. Elected and unelected members have shown themselves to be incapable of following the rule of law. They must reverse the committee’s decision or else immediately step aside.”

Shelter Scotland is calling for the Regulator to consider its powers to use sanctions up to and including the appointment of new management in the housing department within the City of Edinburgh Council, under its powers contained in the Housing (Scotland) 2010 Act.

Under Scottish housing legislation, Scottish Ministers have powers to call the City of Edinburgh Council’s homelessness strategy in for review, including its provision of temporary accommodation.

Alison Watson added: “Shelter Scotland has never called on the Regulator or Ministers to intervene in this way. We do not do so lightly. However, we will not stand by – and nor should the people of Scotland - and watch people’s rights be eroded without a fight. 

“We cannot normalise law-breaking on this scale. There must be consequences otherwise there can be no prospect that other rights will be protected, nor of the situation improving for the thousands of people in desperate need of a safe and secure home.”

The City of Edinburgh Council said it was “extremely disappointed” to hear of Shelter Scotland’s claims, which it described as “factually incorrect and misleading”.

The local authority assured that no decision was made on any legislative provision or related to the rights of any individual, adding that any such decision could not be taken unless the Scottish Government is willing to consider such temporary changes to legislation.

At the meeting in question, the Committee considered an urgent motion by the Green Group, eventually agreeing a position in which the Committee “notes ongoing actions underway to remove the legal risks around council use of unlicensed temporary accommodation for homeless households and thanks the convener, council officers and the large array of third sector organisations for their work as part of this process”.

The Committee heard that, as part of this work, the convener and council leader wrote to the Scottish Government to request, until 31st March 2028:

a) a reintroduction of the legislation that required a local connection to the city before being assessed as homeless;
b) relaxation of the legislation that classes properties with shared facilities as unsuitable, and;
c) a dispensation in the legislation for Houses in Multiple Occupation to focus on the property as being safe to occupy.

While affirming its view that recent steps forward for homelessness rights within the legislation “are to be welcomed”, the motion also acknowledged that “Edinburgh is currently experiencing a housing emergency, with homelessness figures at their highest since 2011-12” and highlighted the Committee’s “regret” that “measures are required to ensure the City of Edinburgh Council has sufficient capacity to accommodate vulnerable individuals and prevent them from facing homelessness upon arrival”.

The motion went on to emphasise that “this is not a rollback of rights but a short-term necessary preventative step to protect vulnerable people from homelessness in Edinburgh”.

It concluded: “The Committee agrees that if the Scottish Government grants the requests of the convener and the council leader (at measures a) and b) above), changes in practice to recognise the relaxation of these standards would not happen in Edinburgh without a decision at committee.”

Depute leader Mandy Watt told Scottish Housing News: “We are extremely disappointed to read Shelter Scotland’s news release, which is factually incorrect and misleading, and have written to their director and chair to express our deep concern. 

“In particular, it claims that the Housing, Homelessness and Fair Work Committee made a decision on 3 December to remove homelessness rights, which it did not. 

“Shelter welcomed the introduction of our Housing Emergency Action plan, which includes extensive plans to improve our housing service and clearly sets out the challenges that we face in Edinburgh, so I’m extremely concerned to see their calls for a review into the service. 

“Officers will continue to seek to work with the charity to resolve the housing emergency as soon as possible. I strongly believe we’re better served working together, whilst taking every step we can to provide a suitable, safe, and affordable place to call home for everyone who needs it.”