Different Nations, Different Anwers: Devolution and the Fight against Homelessness

A New Legislative Push Across Great Britain

Homelessness is an increasingly visible issue across Great Britain. The UK Government and devolved governments have different philosophies, and different relationships with local government. This is evidenced in the different policies and legislation promoted by each.

Recent months have seen a flurry of legislative activity across Great Britain. Scotland led the way with the Housing (Scotland) Act 2025, passed at the end of last year following the declaration of a national housing emergency the year before. In Wales, the Homelessness and Social Housing Allocations (Wales) Act 2026 received Royal Assent in April, followed a month later by the UK Government’s introduction of its Social Housing Bill.

At the end of the Summer, in furtherance of his pledge to end rough sleeping, the Prime Minister announced increased funding of £442 million to “offer everyone who needs it a route off the streets by Christmas”. This was followed by the confirmation that UK Government would bring forward amendments to its Social Housing Bill to “deliver stronger protection for homeless households”. The October 2026 Budget reinforced the message: tackling homelessness remains a firm priority.

Scotland

The Scottish Act introduced new duties on public bodies to prevent homelessness, making early intervention a shared responsibility across services. The Act imposes several duties on local authorities, including duties to identify people at risk of homelessness before they reach crisis point (“Ask and Act”). Prevention rather than cure must be the right focus for sustainable impact.

The Act was heavily reliant on secondary legislation for the detail, which is not an unusual feature of primary legislation, but does make it difficult for local government to plan. As the funding mechanisms behind the new provisions were not defined, there is clearly some concern from local government that they will result in additional resource pressures; the success of the Act will depend on whether the duties are accompanies by sustainable ring-fenced funding.

The Scottish Government invested £4 million in homelessness prevention pilots in 2025-26 to explore what Ask and Act means in practice. Their annual report explains the pilots will allow them to test, promote and scale up innovative approaches to help people stay in their homes. Learning from the pilots will inform regulations and guidance for new duties. Fifteen pilot projects were awarded funding in November 2025 and run until December 2026.

Wales

The main focus of the Welsh Government’s Homelessness and Social Housing Allocations (Wales) Act 2026 is also on the prevention of homelessness. It phases out ‘priority need’ and ‘intentional homelessness’ categories entirely, creating a near-universal right to housing support, regardless of how a person became homeless. It also confers ‘Ask and Act’ duties on certain public bodies, including social services, to identify and flag individuals at risk. It extends the window for local authorities to step in and prevent homelessness from 56 days to six months, meaning that local authorities will need to allocate resources at an earlier stage.  

Last month the Welsh Government issued an update on its implementation, citing the appointment of Neath Port Talbot Council as Host Local Authority for the Homelessness Reform Delivery Partnership as a key milestone. The Partnership will bring together the Welsh Government, local authorities and key partners to support implementation activity. This will provide an important route through which stakeholder feedback can help shape implementation arrangements.

The Welsh Government engaged extensively with the sector in the development of the Bill, with a White Paper consultation and stakeholder engagement shaping the final policy. This engagement continues during implementation, with the Welsh Government stating, “we are committed to ensuring there are meaningful opportunities for partners to contribute throughout implementation…we are grateful for the ongoing support, expertise and challenge provided by third sector partners.”  The Wesh Government’s technical briefing outlines 3 phases of implementation; September 2027, September 2028 and September 2029-2031. Whilst this pace will be disappointing to some, it is critical that plans are appropriately targeted on improving outcomes for people at risk of homelessness, and that measures are sustainable, which can only be achieved with the involvement of those on the front line.  

England

Conversely, England’s Social Housing Bill, implementing commitments from the 2024 Labour Party manifesto, has the core priorities of protecting social housing stock and expanding tenant safety. It does not amend the statutory definition of homelessness, so local authorities will still determine if an applicant qualifies as a priority or if they are ‘intentionally homeless’ before offering permanent placement.

The Local Government Association welcomed the Bill saying the measures “will support local authorities to protect more of their social housing stock and support vulnerable tenants. However under the current housing crisis, some of the reforms could go further to support local authorities to ensure they are able to financially and practically keep the amount of stock required to meet current and future demand.”

Whilst initially pushing back on criticism that the Bill’s focus was too narrow, following Committee stage in the Commons, MHCLG announced it would bring forward measures to “deliver stronger protection for homeless households.” Rather than extending the window for local authorities to step in and prevent homelessness (like the Welsh Act), the amendments will give councils new powers to refer homeless households directly to private registered providers of social housing to ease temporary accommodation backlogs. Rather than an Ask and Act duty, MHCLG refers to a “Duty to Collaborate” requiring “public services to work more closely together to identify people at risk of homelessness and consider what action they can take within their existing responsibilities to help prevent homelessness.”

Devolution in Action: Different Choices for Different Nations

Devolution is about enabling governments closer to the communities they serve to make decisions that reflect those communities’ particular needs and priorities. The UK Government’s current devolution focus is on shifting power to England’s regions. “Radical devolution of powers and resources to local leaders” was promised in the Budget, together with a Fiscal Devolution Roadmap.

The devolution settlements for Wales and Scotland originally enacted in 1998 have evolved significantly over time, progressively expanding the powers and autonomy of the devolved governments and enabling them to make increasingly radical departures from the English regime. As a result, approaches to social policy have increasingly diverged, with significant differences emerging in areas including education, local government and housing. The contrasting approaches to homelessness are an example of that wider societal shift.

Whether these different approaches arise from the particular needs and priorities of each nation, or from their differing political traditions and choices, is open to debate. In practice, the two are likely to be closely connected: democratic politics both shapes and reflects the society from which it emerges. That is, ultimately, the essence of devolution—and of democracy itself.

From Legislation to Lasting Change

Homelessness is a complex issue. Those of us living in cities see its most visible manifestations in tents in parks and sleeping bags in doorways on high streets. Rural homelessness, shaped by unaffordable housing and scarce employment opportunities, can be more hidden, involving sofa surfing, overcrowding, and sleeping in vehicles. Whilst the Prime Minister’s pledge to end rough sleeping was targeted at the most visible form of homelessness, support packages have been developed to target wider homelessness issues.

Rough sleeping represents only a fraction of the homelessness pressures facing local government. Less visible are the families placed in temporary accommodation, including bed and breakfasts, often living in a single room without adequate cooking or laundry facilities and with little space or privacy for children. These temporary arrangements are expensive; according to Shelter, English Councils spent £823 million on bed and breakfasts during the 2025/2026 financial year. Whilst these arrangements may keep a roof over a family’s head, they are not a stable home and can disrupt education, employment and family life while councils work to secure suitable longer-term accommodation.

Central governments’ focus on homelessness is generally welcomed by local government, whose services deal with its consequences every day. The renewed legislative attention is therefore important, but legislation alone will not deliver change: success will depend on the pace and effectiveness of implementation, sustained funding and close engagement with those working on the front line. On legislation and implementation plans alone, visible change looks unlikely before 2030. But the 2026 Budget adds financial weight to England’s ambitions, with a further £432 million for the Rough Sleeping Programme and £1.5 billion for the Social and Affordable Homes Programme, alongside a renewed commitment to a value-for-money review of homelessness spending, including supported housing delivery models, suggesting that earlier change may be within reach.

Roz Sullivan is a Partner (Public Law & Regulatory) at Capital Law.