Elected Member Briefing - Outcome of Scottish Housing Regulator investigation into Gypsy/Traveller site standards

About this Briefing Note

Report by: Elaine Ritchie, Strategic Lead, Housing and Communities 

Date: 20 March 2025

Subject: Outcome of Scottish Housing Regulator investigation into Gypsy/Traveller site standards

Briefing information

Background

In November 2024 we were informed by the Scottish Housing Regulator (SHR) that it was investigating safety, accommodation standards, communication and human rights concerns at our Gypsy/Traveller sites at Double Dykes and Bobbin Mill under its Serious Concerns process. This followed complaints from some of the tenants and the Making Rights Real organisation that supports them.

The SHR asked us to provide information in response to the issues raised. We gathered a significant amount of detailed information about the extensive range of work we have done, and continue to do, at both sites to maintain and improve accommodation, facilities and to engage & communicate positively with our tenants.

We also provided details of the ongoing £6.5m chalet replacement and site improvement programme at Double Dykes due to be completed by September 2025, which will address any concerns the SHR might have about the site. The work will provide the tenants with high quality, affordable homes and a wide range of wider benefits to enhance their community.

This information was submitted to the SHR in December 2024.

SHR findings

On February 18^th 2025 we received a response from the SHR. Despite the large amount of detailed information provided by us to evidence our response to reported repairs and to engage with our residents, the SHR concluded that the issues raised are a Serious Concern as per its process.

At Double Dykes, the SHR came to the view that the Council has not met the following Minimum Standards:

• Standard 1: Essential Fabric Repairs - damp and drainage issues
• Standard 4: Safety and Security - lack of signage and a pothole
• Standard 5: Maintenance and Repairs - damp issues
• Standard 6: Fair Treatment - tenant behaviour and lifestyle referenced by the Housing Service as a factor with damp and drainage issues
• Standard 7: Consultation - lack of engagement with residents by pausing meetings with them as a group. This decision was made following a serious incident at a previous meeting held to discuss a delay to the improvement project. The delay was beyond the control of the Council, when a contractor went into administration.

At Bobbin Mill the SHR came to the view that the following Minimum Standards were not met:

• Standard 1: Essential Fabrics Standard - ineffective heating system
• Standard 2: Energy Efficiency - excessive heating bills as per above
• Standard 4: Safety and Security - inappropriate streetlight and private access road
• Standard 7: Consultation - lack of strategic communication and engagement

These findings mean that the Council has failed to meet our obligations under a number of the Scottish Social Housing Charter Outcomes:

• Charter Outcome 1 - Equalities
• Charter Outcome 2 - Communication
• Charter Outcome 3 - Participation
• Charter Outcome 5 - Repairs, Maintenance and Improvements
• Charter Outcome 16 - Gypsy/Travellers

Request for review

On 19 February 2025 the Council formally requested a review of the decision set out in the Outcome Letter. The Council specifically asked that the SHR review the following key issues:

• That the SHR failed to take an evidence and risk-based approach in considering the issues as required by the Scottish Regulators' Strategic Code of Practice
• That the SHR repeatedly refused to accept any of the independent advice, evidence or opinion that the Council had submitted to it
• The information and/or evidence the SHR took into account from site residents was from only a small number which only represented their personal views and was not indicative of the views of the wider group
• The letter the SHR provided to the Council contained a number of sweeping statements which were unsubstantiated by any objective evidence

We also provided a number of specific examples for review relating to findings in the report around damp and mould; rodent infestation; drainage and sewage; site safety; communication and consultation; heating systems and energy bills and road access.

Further information was provided to the SHR to support the Council's position on 27th February 2025.

Review findings

On March 17^th 2025 the SHR informed us that following a review it is upholding its original decision.

It should be noted that there is also reference to our homelessness performance.  However, following clarification from the SHR, they have confirmed in writing that they have are no concerns with any specific aspect of our homelessness service.  They advised "that they are having "structured conversations" with all councils irrespective of performance, so all councils have that in their plans. They also advised that they started with this approach a couple of years ago given the broader strategic issues in homelessness Scotland-wide (e.g. more statutory breaches, number of children in temporary accommodation, housing emergencies). Councils with a performance issue have more in their plans about that issue.   

Given the significant amount of detailed information we have provided to the SHR about our extensive work at both sites, we are extremely disappointed by the findings and the outcome of the review.

Ongoing work at both sites

As you will be aware, we are currently carrying out a £6.5m project that will see all of the 20 chalets at Double Dykes replaced by modern, energy efficient accommodation.

The Double Dykes site will also be extensively refurbished and improved under the project.

We have worked with individual tenants in terms of the design of the new chalets and the overall programme to make sure that the improvements will suit their needs.

The first five new chalets arrived on site last week - you can watch a video here.

The improvement project is being carried out in several phases to minimise disruption to residents:

• Phase 1 will be completed on April 11^th 2025 when the first five new chalets are handed over to tenants.
• Phase 2 consists of seven chalets and is due to start onsite on 24th March, with the chalets due to be delivered to site in the week commencing 26th May. The proposed handover date for these and for tenants taking occupation is 27th June.
• Phase 3 consists of eight chalets and is due to start onsite on 9th June, with the chalets due to be delivered to site week commencing 18th August. The proposed handover date for these and for tenants taking occupation is 19th September.

The new chalets and programme of site improvements will address all of the concerns raised by the SHR.

At Bobbin Mill, a feasibility study has been completed about improvements to accommodation and the site. We are in the process of arranging a meeting where the feasibility study will be discussed with residents to get their feedback and to agree a way forward with them.

Across both sites we continue to engage with residents about their accommodation, sites and tenancies. Locality Team staff and Tenant and Resident Participation staff are on both sites on a weekly basis to speak to tenants and act on any issues that they raise. A Repairs Team Leader also regularly attends the sites and makes himself available for any tenants who need to speak about repairs concerns. These arrangements have been in place for some time and have resulted in positive relationships being built between tenants and staff. Staff have been able to link tenants with support services like our Welfare Rights Team, who regularly visit the site to provide advice.

Newsletters are issued to tenants at both sites when we need to update them on important news about their sites or housing services in general. Newsletters were the preferred method of formal communication expressed by residents when we surveyed them on how they want us to engage with them.

Next steps

The SHR will publish the findings on its webpage on Friday 21 March 2025.

It will write to the tenants to inform them of their findings. The SHR will also engage with the tenants on a quarterly basis to consider their views on improvements as they are being delivered.

The Council's SHR Engagement Plan will be updated and will require the Council to do the following:

Double Dykes

• Provide the SHR with the assurance it requires on plans to achieve Minimum Site Standards and meet Charter Obligations
• Provide the SHR with assurance that we are prioritising the completion of the planned modernisation and improvement works at the site including providing a timescale and action plan
• Provide quarterly updates on progress with the completion of the modernisation and improvement works at the site, including how we are engaging with residents
• Inform the SHR about any delays to the modernisation and improvement works.

Bobbin Mill

• Provide the SHR with the assurance it requires on plans to achieve Minimum Site Standards and meet Charter Obligations
• Provide a plan to complete a feasibility study for the site including how we are consulting and engaging with residents and share the outcomes with the SHR
• Keep the SHR informed of progress made to achieve the outcomes of the feasibility study and our timescales for this.

We will consider all the findings, and an action plan will be drawn up to give the Regulator and our tenants assurances we are making progress to address the concerns raised.

We will keep you updated as we move through the process of implementing the SHR recommendations.