Housing emergency set to breach new UN children's rights adopted by ScotGov

It makes it unlawful for public authorities, including the Scottish Government to act incompatibly with the requirements of UNCRC.

Leading children's charity Aberlour says the UNCRC "compels" public bodies to deliver safe and stable accommodation for all Scots children.

The right to adequate housing is made clear under Article 27(3) of the UNCRC.

It says that "state 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".

But a Herald investigation has found that every day 50 Scots children are being hit by homelessness while the numbers languishing in halfway house temporary accommodation because they cannot be found settled homes has hit record levels, having more than trebled in twenty years.

It has prompted a coalition of experts and anti-poverty campaigners to demand urgent action.

Some 18,400 children are included among the 64,000 Scots within families who have been seeking homelessness support from councils last year, despite widespread attempts to curb homelessness.

The estimates based on requested council and government evidence which lays bare the extent of the nation's homelessness crisis shows nearly 1400 more children in families were seeking homelessness help from councils than there were in the pre-pandemic year of 2019.

Councils have seen a near 4800 rise in the number of Scots who were declaring they did not have a home to go to in just four years despite widespread attempts to curb homelessness.

Some 4,700 households more were stuck in housing limbo in 2023 than there were six years ago - a rise of 43% - with 15,625 in temporary accommodation last year - the highest for over 20 years. Over two decades, that number has trebled with just 5403 in the makeshift homes in 2003.

The number of children in the housing limbo has followed suit hitting new records. There were 9,860 children in such transitory homes towards the end of 2023, 3245 (49%) more than when ministers launched the action plan.

Aberlour fears that the housing emergency could breach the new rights for children.

Chief executive SallyAnn Kelly welcomed the implementation of UNCRC in but warned too many children are living in uncertain and unsafe homes.

SallyAnn Kelly (Image: Aberlour)

She said the national emergency and the fact too many children are living in "uncertain and unsafe homes" as detailed in what she called a "landmark series" in The Herald, was inflicting "escalating damage" on kids' health, education and life chances.

She said: “This international charter secures the right of children in Scotland to grow up in safe, secure accommodation.

“Public bodies must understand it is their legal responsibility to ensure they do.”

The charity, which delivers life-changing support to children and their families across Scotland, fears the housing emergency is fuelling the wider crisis of child poverty.

A Herald on Sunday investigation found that across Scotland councils have broken the law that prevents the homeless including children and pregnant mothers being placed in unfit housing more than 15000 times over five years.

Some 24 out of Scotland's 32 local authorities have admitted they have breached the Unsuitable Accommodation Order (UAO) since 2019 which is legally binding and ensures that people have access to decent living accommodation. In 2019 there were just 10.

New estimates on the breach of the rules over the use of temporary accommodation based on details gathered from Scotland's 32 local authorities show that the rate of breaches has risen over fivefold since new rules came in in 2020.

It has gone from around 112 a month in 2021 to nearly 620 per month last year.

There were at least 7437 breaches in 2023 - a rise of over 2300 (45%) in a year.

Ms Kelly said: “There is no doubt the lives and futures of our children are being undermined by unsuitable accommodation.

“As Scotland’s housing emergency worsens so does the impact on our children.

“Issues like dampness, cramped living spaces and unsafe fixtures and fittings risk their physical health.

SallyAnn Kelly  (Image: Aberlour)

“Meanwhile, they share the stress and anxiety of their parents living in precarious short-term accommodation not knowing where they will be living next week or the week after that.

“That stress and instability affects their mental health and impacts every aspect of their lives at home, at school, and sabotages their futures.”

Aberlour has helped a campaign for the introduction of UNCRC in Scotland, the first of the UK nations to legislate for its adoption.

Its 54 articles deliver wide-ranging rights to education, health care and lives free of neglect, abuse and exploitation.

Ms Kelly said the legally-binding agreement, already in place in 196 countries around the world, will place new responsibilities on public bodies and third sector organisations and, taken together, every child, in every postcode, has the right to live free of poverty.

Aberlour said one in four young Scots are growing up in poverty – one in three across the UK - with research exposing an escalating impact on their physical and mental health, education attainment and life chances.

Ms Kelly added: “The UNCRC means every public body and third sector organisation whose work involves the welfare of children must ensure we are meeting these new legal responsibilities.

“Its introduction in Scotland gives new impetus for practical and effective measures to combat child poverty and the housing crisis.

“No child chooses to grow up in poverty but it is a political choice to make ending poverty a priority.”

Housing minister Paul McLennan said: “Scotland is the first UK nation to incorporate the UNCRC into domestic law.

“The Scottish Government is working at pace with local authorities to reduce the number of people in temporary accommodation and provided an additional £2 million in 2023-24 to the local authorities with the largest percentage increases in temporary accommodation.

“When temporary accommodation is used we are determined to ensure that it is indeed temporary and of good quality. The majority of households are offered temporary accommodation in the social rented sector.

“Increasing housing stock is key to reducing the use of temporary accommodation. Since 2007, we have delivered more than 131,000 affordable homes, with more than 93,000 of those being for social rent and we will invest nearly £600 million in affordable housing in 2024-25.”