The row comes after Shelter called for intervention against City of Edinburgh Council

Shelter Scotland has hit back at City of Edinburgh Council after the charity was accused of “factually incorrect and misleading” comments in its calls for regulatory intervention against the local authority. 

On Thursday, Shelter Scotland gathered outside the council’s building in the capital to highlight a decision by councillors which the charity said would strip homeless households of their basic rights.

At a meeting of the city’s Housing, Homelessness and Fair Work Committee on 3 December, 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.

The vote follows confirmed cases of homeless households being placed in unlicensed HMO (Houses in Multiple Occupancy) properties as temporary accommodation – a criminal offence.

There are currently around 5,250 households in temporary accommodation in Edinburgh. It is estimated that over a quarter (1,488) of these households are living in properties under an Unsuitable Accommodation Order.

Shelter wrote to Scottish ministers and the Scottish Housing Regulator (SHR), warning that the council’s plans are a concerted effort to undermine Scotland’s housing and homelessness rights system and that sanctions must be taken. 

The council responded with “deep concern”, claiming the charity had not been truthful about the vote on 3 December, calling for the organisations to work together. 

Depute Leader Mandy Watt said: “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.”

But Shelter has now hit back, with director, Alison Watson, responding in writing to the council’s interim executive director of place, Gareth Barwell.

She wrote: “You raise a number of factual concerns which I believe represent a misunderstanding of Shelter Scotland’s position. 

“Our concern is that City of Edinburgh Council has repeatedly lobbied Scottish ministers to suspend the duties that protect the interests of people experiencing homelessness. This has been done in a letter sent by the council leadership to the first minister dated 6 November which requested permission to suspend people’s vital housing rights until March 2028.

“This was repeated in the vote on 3rd December. The emergency motion brought forward by the Green group offered councillors the opportunity to reverse that call. However, in a 6-5 vote, councillors chose to affirm their support for that position – the suspension of lifeline housing rights until 2028, with an addendum from the SNP group forcing a further vote on that issue should the government agree to this position.

“It was that decision, coupled with the initial proposal by officers to lobby for the suspension of rights, that has led to Shelter Scotland losing confidence in the decision-making of the council leadership.

“Regarding the council’s annual assurance statement, this is not being selectively quoted. We are well aware of the ‘exceptions’ that are outlined in the statement, which states the council is providing “regular updates” to the Scottish Housing Regulator regarding its failure to comply with legal duties.”

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 the powers to call the City of Edinburgh Council’s  homelessness strategy in for review, including its provision of temporary accommodation.

The charity has said it has “lost confidence” that the City of Edinburgh Council will uphold the rule of law, calling on Scottish Ministers and the Scottish Housing Regulator (SHR) to intervene immediately. 

This is the first time the charity has called for special measures to be taken against a local authority. 

If the Scottish Government and SHR decide to intervene, it will be the first time that they have exercised the powers afforded to them to protect the housing rights of people experiencing homelessness. 

Ms Watson added: “It is our belief that the council cannot on the one hand say that you are working towards compliance by providing regular updates to the Regulator while simultaneously lobbying to suspend the legislation you are tasked with delivering. That is why we state the assurance statement is incompatible with recent decisions.

“We did not make our decision to call on the first minister and the Scottish Housing Regulator to act lightly. Equally, we do not believe that the council appreciates the gravity or consequences of their ongoing efforts to suspend people’s legal rights to a safe home.

“We have raised our concerns around the decision to lobby for permission to strip people of their rights in writing ahead of the vote and most recently in person during the homelessness taskforce meeting on Thursday, 5 December. 

“Regarding your request for Shelter Scotland to withdraw our request for regulatory and government intervention in the City of Edinburgh Council’s homelessness services, we would happily do so if the prospect of suspending duties and rights was also withdrawn.

“I believe that we have consistently shown a willingness to engage constructively and pragmatically on the steps that need to be taken to fix Edinburgh’s housing emergency.

“Removing people rights, however, is a red line for us and we cannot have confidence in the decisions of the council leadership while that proposal remains on the table.”