Chamber and committees

As set out in the Scottish Government’s Heat in Buildings Strategy, the draft regulations cited (to set minimum energy efficiency standards of EPC E, rising to EPC D) were withdrawn as a direct result of the impact Covid-19 has had on the private rented sector (PRS). Instead, as the Strategy confirms, the Scottish Government is now working with the sector to introduce regulations in 2025 which will require all PRS properties to reach a minimum standard equivalent to EPC C, where technically feasible and cost effective, at change of tenancy, with a backstop of 2028 for all remaining existing properties, in line with the direction provided by the Climate Change Committee.

Data giving an anticipated breakdown of properties not reaching EPC E is not available, however analysis carried out by the Energy Savings Trust in 2021 (using Home Analytics V3.7, which used a combination of modelled and reported data) gives a breakdown of PRS homes by local authority area which are assumed to be in bands E and F-G.

The Private Sector Landlord specialist advice service, run by Home Energy Scotland, provides bespoke advice to private landlords throughout Scotland, this can include property visits and modelling as well as tailored advice for older properties.

Home Energy Scotland is also the route to Scottish Government funded loans and further support, in particular the Private Rented Sector Landlord Loan ( Private Rented Sector Landlord Loan: overview - Home Energy Scotland ) and our national fuel poverty scheme, Warmer Homes Scotland. This scheme is designed to make homes warmer for those living in or in risk of fuel poverty. Private rented sector tenants are generally not eligible for heating measures, however those who meet the criteria may receive energy efficiency measures, such as insulation, provided the landlord consents. Home Energy Scotland can be contacted on Freephone 0808 808 2282 or through their website https://energysavingtrust.org.uk/scotland/home-energy-Scotland .

There is also a range of guidance also available from Historic Environment Scotland to help with energy efficiency measures and climate change adaptations in listed buildings, traditional homes and buildings in conservation areas. This advice can be accessed through the Historic Environment Scotland website at: www.historicenvironment.scot .

The Scottish Government believes that where appropriate family cases should be resolved outwith court. A number of forms of alternative dispute resolution (ADR) are available in family cases, including mediation, arbitration, collaborative law and family group decision making.

The Scottish Government provides funding to Relationships Scotland who provide a number of services, including family mediation.

The cost of family mediation may be funded through the Scottish Legal Aid Fund, where a person who is in receipt of legal aid is referred by a court.

Section 23(1) of the Children (Scotland) Act 2020 requires the Scottish Ministers to set up a scheme to make assistance available so that individuals can meet the costs of alternative dispute resolution procedures in certain cases such as those dealing with contact and residence for children.

Work has progressed in this area, but the provision will take time to implement. Two reports on the Scottish Ministers’ progress between 1 October 2020 and 31 October 2021 on implementing provisions in the 2020 Act on ADR have been published:

• Scheme for funding for ADR - Children (Scotland) Act 2020 - alternatives to court and funding of alternative dispute resolution pilots: report - gov.scot (www.gov.scot)
• Scheme for funding for alternative dispute resolution (section 23 of the 2020 Act) - Children (Scotland) Act 2020 - section 23(1) and section 24(1): second report on the Scottish Ministers’ duties - gov.scot (www.gov.scot)

Scottish Government officials have been in contact with the Scottish Legal Aid Board (SLAB) who have a statutory duty to give the Scottish Ministers such information as they may require relating to the availability and accessibility of legal services in Scotland. I am aware of correspondence from individuals who are having difficulty securing representation in civil matters. SLAB are thoroughly investigating the issues that have been reported, are continually monitoring the situation and are preparing to report back to Scottish Government officials in due course. The Law Society of Scotland have also been made aware of the situation and we will continue to engage with them on these matters.

In line with the duty set out in section 24(4) of the Children (Scotland) Act 2020, the Scottish Ministers have laid two six-monthly progress reports before the Scottish Parliament on establishing a pilot of mandatory meetings on alternatives to court.

The first such report was laid in April 2021 and covered the period from 1 October 2020 to 1 April 2021 - Children (Scotland) Act 2020 - alternatives to court and funding of alternative dispute resolution pilots: report - gov.scot (www.gov.scot).

The second such report was laid in November 2021 and covered the period from 1 April to 30 September 2021 - Pilot of mandatory meetings on alternatives to court - Children (Scotland) Act 2020 - section 23(1) and section 24(1): second report on the Scottish Ministers’ duties - gov.scot (www.gov.scot).

The next progress report on the pilot scheme is due to cover the period from 1 October 2021 to 31 March 2022 and will be laid before the Parliament in due course.

The Scottish Government have used the data from the 2019 Scottish House Condition Survey to estimate the likely impact of energy price increases since 2019 on fuel poverty. This has been done by increasing modelled fuel bills in line with increases in the Ofgem price cap for the average dual fuel bill. This was based on an increase of 71% over the weighted average price caps in 2019 of £1,170 to an anticipated price cap of £2,000 in April 2022.

The analysis indicates that between 807,000 (32.3%) and 831,000 households (33.3%) could now be in fuel poverty as a result of the April 2022 price cap.

The analysis accounts for the mitigations announced by the Scottish and UK Governments in response to the April 2022 price cap increase, namely the UK Government’s £200 energy bill rebate and the Scottish Government’s £150 council tax credit for those in council tax bands A to D or in receipt of council tax reduction. The range provided depends on whether the Scottish Government’s £150 council tax credit is treated as a reduction to fuel bills or an increase in incomes, which are calculated differently within the fuel poverty definition.

The 2021 Fuel Poverty Strategy, states that the required level of capital expenditure to bring fuel poor households up to EPC C, including the replacement of existing fossil fuel heating systems, will be in the region of £6 billion. The Scottish Government have committed to investing at least £1.8 billion this parliamentary term to help kick-start growth in the market and support those least able to pay. Alongside public investment, we need innovative mechanisms to increase individual and private-sector investment into energy efficiency and zero emissions heating. The Scottish Government has established a Green Heat Finance Taskforce to recommend ways that the Scottish Government and private sector can collaborate to scale up investment. It will provide an interim report by March 2023 and final recommendations by September that year.

More than £175 million has been invested through Warmer Homes Scotland, the Scottish Government’s national fuel poverty scheme since its launch in September 2015, helping over 25,000 households throughout Scotland.

Eligibility for the scheme is based on both the property and the individual meeting the qualifying criteria. Individual eligibility is based on “proxies” - certain benefits which are an indication of the likelihood of the household living in or being at risk of fuel poverty. The eligibility criteria are designed to target support at households who are particularly vulnerable to the impacts of poor energy efficiency and heating systems. This includes those with a long term health condition (as well as carers, older people and families with children under 16 years of age).

During the lifetime of the scheme, the eligibility criteria have been reviewed and amended to manage demand and increase referrals, and in line with policy priorities. Households also move in and out of fuel poverty and the receipt of qualifying benefits.

For these reasons an estimate as outlined is not possible.

The Scottish Government has committed to procuring a new enhanced successor to Warmer Homes Scotland when the current contract expires in June 2023, with a formal procurement process now underway. As outlined within the Fuel Poverty Strategy, working with the Scottish Fuel Poverty Advisory Panel, we will seek to ensure the eligibility criteria is aligned with the updated Scottish fuel poverty definition and that assistance continues to be targeted at those who need it most.

The Scottish House Condition Survey (SHCS) is the source of National Statistics on fuel poverty in Scotland. These statistics are normally published annually. Due to the Covid 19 pandemic data collection for the 2020 SHCS survey was suspended as internal inspections of households were not possible. Due to this the key findings from the 2020 SHCS were not published.

Fuel poverty statistics will next be published in the key findings from the 2021 SHCS at the end of 2022 or early 2023.