With support from the Frontline Fund, LSA is bringing vital housing advice into prisons across Scotland. These stories of Fred and Peter show how early legal help can prevent homelessness and offer people a fresh start.

Article by Amy, Communications Officer at LSA

Almost three years ago, Legal Services Agency (LSA) launched a new initiative to bring early legal advice and representation into secure settings – to prevent homelessness, reduce reoffending and disrupt cycles of disadvantage. 

Funded by St-Martin-in-the-Fields Charity’s Frontline Fund, LSA’s Disrupting Cycles of Disadvantage: Early Intervention in Homelessness Project sought to establish weekly outreach clinics in HMP Greenock and HMP Low Moss, providing specialist legal assistance on housing issues for those entering prison and those preparing for their release.  

Why is the project so important?

It is well documented that those who are experiencing homelessness are more likely to interact with the criminal justice system, and that involvement with the justice system, in turn, increases the risk of homelessness (1).

The scale of this issue can be seen in a survey of the Scottish prison population, which found that over half of those who enter prison with a place to live, lose it during their sentence (2).

Finding little to no person-centred support to understand their situation, those in prison are more likely to become trapped in cycles of homelessness and reoffending. 

This likelihood increases for those with multiple support needs due to mental health conditions, disability, substance use, trauma or poverty. These issues are often interlinked and cumulative, creating additional barriers to securing housing. 

Concerningly, these cycles of disadvantage have been deepening over time. In the last decade, the number of people entering prison in Scotland with no fixed abode has increased from 2.7% to 9.5% (3).

Why does this alarming link between imprisonment and homelessness exist? And why is it getting worse?  

One reason is that people in prison lack access to legal advice on housing matters. 

In a 2024 survey of the Scottish prison population, 282 people reported receiving help in securing accommodation prior to their liberation, while 427 people said that they wanted help but weren’t receiving any (4). 

For those in prison, having access to housing advice is key to understanding and being able to enforce their rights. When people understand their options, they are empowered to take appropriate action in relation to their tenancies and can avoid homelessness upon their release. 

What have you learned from the project? 

The importance of a shared vision 

A shared vision among key stakeholders was crucial to ensuring successful establishment of the project. Delivering legal advice in a prison setting came with necessary but complex groundwork. From building partnerships with HMP Greenock and HMP Low Moss, to securing multi-stage operational approvals and formal signoffs from prison governors, effective collaboration and alignment of purpose was essential to bring the project from concept to reality. 

Link Centre staff – the key connection 

Early into the project, it became clear how crucial relationships with Link Centre staff would be. Their frontline role positioned them as they key connection between us and the people we hoped to support. Thanks to their assistance, we were able to embed clinics that were well-coordinated, visible, and trusted by those inside. 

Flexibility where it matters most 

Though formal processes were vital, they couldn’t be allowed to delay urgent support. We learned to remain flexible – taking informal referrals where possible, adapting schedules, and tailoring delivery to meet real-world needs. 

Sustainable outcomes require wraparound support 

The project provides a comprehensive, wraparound service through multi-disciplinary collaboration with a range of partners, including health services, mental health services, addiction support services, money advice, DWP and employability services. Through addressing the underlying issues that often contribute to legal problems, we increase the likelihood that people leaving prison have sustainable outcomes in which they have secure, stable housing and a real chance to rebuild their lives upon release. 

The power of co-location 

One of our most important insights has been the power of co-location. Being physically present where people already are removes barriers and opens up access. It also allows for timely, face-to-face referrals that people are more likely to act on. 

The impact of timely interventions 

LSA’s services are advertised in induction packs given to those entering custody. Individuals had access to our advice and support as soon as possible upon being imprisoned, giving them the best possible chance of saving their existing tenancies. Advice and support are also provided during the six-to-eight critical weeks leading up to an individual’s release from prison. In this window of time, taking action becomes crucial to ensure prison leavers have a place to stay and can avoid circumstances which can lead to reoffending. 

Without the project, what situations might your clients face? 

In the time that we have been running this project, we have been an integral provider of housing advice. Without this project, hundreds of people would lack access to legal assistance at a time in which they are extremely vulnerable to becoming homeless. 

If it were not for our timely legal interventions, our clients may have been unable to maintain their tenancies, challenge eviction proceedings or navigate the often-complex housing systems on their own. 

For many, this would have meant being released directly into homelessness. For others, it would have resulted in leaving prison only to face unmanageable rent debt and the risk of being evicted. These unresolved legal and financial issues could easily push individuals back into crisis situations, increasing the likelihood of reoffending. 

The consequences of this extend beyond the individual. In cases where clients jointly hold tenancies with family members, or live with their children, the risk of homelessness can affect the entire household. 

Without our services, vulnerable individuals – particularly those with mental health conditions, disabilities, substance use issues, trauma or poverty – would be left without the wraparound, multi-disciplinary support they need to achieve stability. 

Are there any anonymous case studies you’d be happy to reflect on? 

Some of our clients, like Fred, are unable to pay their rent whilst in prison, causing eviction proceedings to be raised: 

Fred 

Fred* accessed our services whilst in prison and facing eviction by his landlord, a local authority. Given the length of his sentence, Fred’s Universal Credit payments stopped, and he accumulated rent arrears. Fred lived alone, and had no one on the outside who could help him with his arrears. He also had mental health issues. 

We met with Fred in prison and agreed to represent him. A decree for eviction had already been granted, so we submitted a minute for recall of decree which argued that it was unreasonable to evict Fred. We explained that he was due to be released soon and would reclaim Universal Credit and Adult Disability Payment to repay his arrears. Further, we explained that if Fred were to be evicted, he would be homeless. He would then need to apply to the local authority for accommodation as a homeless person, which they would be legally obligated to provide.  

The decree for eviction was recalled and the case was continued. This meant that Fred avoided homelessness upon his release and had an opportunity to pay back his rent arrears.   

Often times, our clients’ housing problems are simply the surface level of deeper issues: 

Peter 

We met Peter* during a clinic held at the prison he was detained in. He expressed concern about rent arrears owed to his social landlord accruing whilst in prison. Peter had debts of over £10,000 due to the criminal proceedings against him and was also concerned about enforcement action by his creditors. He jointly owned a property with his ex-wife, who lived there with their child, and worried their home would be repossessed. He was unable to access debt advice whilst in prison. 

We corresponded with Peter’s landlord and were able to reassure Peter that he would be afforded an opportunity to pay back his arrears on release. Regarding his debt, we assisted Peter with the submission of a notice of a statutory moratorium, which meant that his creditors could not take any action for repayment against him for at least six months.  

Upon release, Peter had a place to live and the opportunity to repay his debts through applying to Universal Credit, resuming work, and also applying to the Debt Arrangement Scheme. 

Conclusion 

Legal Services Agency are extremely proud of what this project has achieved. 

Through bringing early legal advice and representation into secure settings, we’ve been able to reach people before crisis becomes catastrophe. We’ve supported individuals at their most vulnerable, and shown that even within the most complex systems, early legal intervention can lead to lasting, positive change. 

These outcomes were made possible by the funding from St-Martin-in-the-Fields Charity, whose belief in this work enabled real, meaningful results.  

Together, we’ve helped to prevent homelessness and disrupted cycles of disadvantage. 

References:

  1. 1. Jail Incarceration, Homelessness, and Mental Health: A National Study, Greg A. Greenberg, Ph.D. and Robert A. Rosenheck, M.D., Psychiatry Online
  2. 2. Prisoners (Early Release) (Scotland) Bill: Fairer Scotland Duty impact assessment, Scottish Government
  3. 3. Occasional paper: Long-term drivers of and changes in the prison population, Scottish Government
  4. 4. Publication of Prison Survey findings, The Scottish Prison Service (SPS)
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