Point of Order
Wednesday 29th June 2016
(7 years, 9 months ago)
Commons ChamberRead Full debate Read Hansard Text
Pete Wishart (Perth and North Perthshire) (SNP)
On a point of order, Mr Speaker. Page 49 of “Erskine May” refers to the official Opposition as
“the largest minority party which is prepared, in the event of the resignation of the Government, to assume office”.
The current official Opposition has lost two thirds of its shadow Cabinet. Their leader and what remains of the Front-Bench team no longer command the support of the overwhelming majority of their Back Benchers. They can now no longer provide shadow Ministers for large Departments of State. They are clearly in no shape to assume power or to meet the key responsibilities outlined in “Erskine May”. Given these obvious failings, what steps would now need to be taken to have the official Opposition replaced with one that can meet the responsibilities set out clearly in “Erskine May”?
Mr Speaker
I am familiar with “Erskine May”, as the hon. Gentleman would expect, and I am genuinely grateful to him for giving me notice of his point of order. I can confirm that the Labour party currently constitutes the official Opposition and that its leader is recognised by me, for statutory and parliamentary purposes, as the Leader of the Opposition. He will have noticed that I called the Leader of the Opposition earlier to ask a series of questions of the Prime Minister. He will also be aware that today we have Opposition business duly chosen by the Leader of the Opposition, as indicated on the Order Paper. I should perhaps add that in making these judgments and pronouncing in response to points of order, I do give, and have given, thought to the matter, and I have also benefited from expert advice. These matters are not broached lightly. I understand the vantage point from which he speaks, but he raised the question and I have given him the answer. We will leave it there for now.
Bills presented
Sexual Offences (Pardons Etc) Bill
Presentation and First Reading (Standing Order No. 57)
John Nicolson, supported by Amanda Solloway, Keir Starmer, Stewart Malcolm McDonald, Iain Stewart, Sarah Champion, Tommy Sheppard, Paula Sherriff, Nigel Huddleston, Stephen Twigg and Dr Philippa Whitford, presented a Bill to make provision for the pardoning, or otherwise setting aside, of cautions and convictions for specified sexual offences that have now been abolished; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 21 October, and to be printed (Bill 6).
Homelessness Reduction Bill
Presentation and First Reading (Standing Order No. 57)
Bob Blackman, supported by Mr Clive Betts, Helen Hayes, Mr Mark Prisk, Kevin Hollinrake, David Mackintosh, Alison Thewliss, Jim Shannon, Mary Robinson, Julian Knight, Mr David Burrowes and Liz Kendall, presented a Bill to amend the Housing Act 1996 to make provision about measures for reducing homelessness; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 28 October, and to be printed (Bill 7).
National Minimum Wage (Workplace Internships) Bill
Presentation and First Reading (Standing Order No. 57)
Alec Shelbrooke presented a Bill to require the Secretary of State to apply the provisions of the National Minimum Wage Act 1998 to workplace internships; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 4 November, and to be printed (Bill 8).
Parliamentary Constituencies (Amendment) Bill
Presentation and First Reading (Standing Order No. 57)
Pat Glass presented a Bill to amend the Parliamentary Constituencies Act 1986 to make provision about the number and size of parliamentary constituencies in the United Kingdom; to specify how the size of a constituency is to be calculated; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 18 November, and to be printed (Bill 9).
Awards for Valour (Protection) Bill
Presentation and First Reading (Standing Order No. 57)
Kelly Tolhurst, on behalf of Gareth Johnson, presented a Bill to prohibit the wearing or public display, by a person not entitled to do so, of medals or insignia awarded for valour, with the intent to deceive.
Bill read the First time; to be read a Second time on Friday 25 November, and to be printed (Bill 10).
Benefit Claimants Sanctions (Required Assessment) Bill
Presentation and First Reading (Standing Order No. 57)
Mhairi Black, supported by Chris Law, Mr Dennis Skinner, Liz Saville Roberts, Caroline Lucas, Ian Blackford, Carolyn Harris, Angela Crawley and Andrew Percy, presented a Bill to require assessment of a benefit claimant’s circumstances before the implementation of sanctions; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 2 December, and to be printed (Bill 11).
Preventing and Combating Violence against Women and Domestic Violence (Ratification of Convention) Bill
Presentation and First Reading (Standing Order No. 57)
Dr Eilidh Whiteford, supported by Mrs Maria Miller, Jess Phillips, Gavin Newlands, Liz Saville Roberts, Fiona Mactaggart, Angela Crawley, Mr Alistair Carmichael, Ms Margaret Ritchie, Alison Thewliss and Lady Hermon, presented a Bill to require the United Kingdom to ratify the Council of Europe Convention on preventing and combating violence against women and domestic violence (the Istanbul Convention); and for connected purposes.
Bill read the First time; to be read a Second time on Friday 16 December, and to be printed (Bill 12).
Families with Children and Young People in Debt (Respite) Bill
Presentation and First Reading (Standing Order No. 57)
Kelly Tolhurst, supported by Mark Garnier, Amanda Milling, Craig Mackinlay, Victoria Borwick, Roger Mullin, Angela Crawley, Antoinette Sandbach, Yvonne Fovargue, Ian Paisley, Ben Howlett and Jo Churchill, presented a Bill to place a duty on lenders and creditors to provide periods of financial respite for families with children and young people in debt in certain circumstances; to place a duty on public authorities to provide access to related advice, guidance and support in those circumstances; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 28 October, and to be printed (Bill 13).
Registration of Marriage Bill
Presentation and First Reading (Standing Order No. 57)
Edward Argar, supported by Sir Simon Burns, Victoria Atkins, Simon Hoare, Seema Kennedy, Wes Streeting, Christina Rees, Jess Phillips, Stephen Doughty, Nigel Huddleston and Greg Mulholland, presented a Bill to make provision about the registration of marriages.
Bill read the First time; to be read a Second time on Friday 21 October, and to be printed (Bill 14).
Assets of Community Value Bill
Presentation and First Reading (Standing Order No. 57)
James Morris presented a Bill to make provision about the disposal of land included in a local authority’s list of assets of community value; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 25 November, and to be printed (Bill 15).
Double Taxation Treaties (Developing Countries)
Presentation and First Reading (Standing Order No. 57)
Roger Mullin, supported by Kirsty Blackman, Patrick Grady, Michelle Thomson, George Kerevan and Ian Blackford, presented a Bill to place a duty on the Chancellor of the Exchequer to align the outcomes of double taxation treaties with developing countries with the goal of the United Kingdom’s overseas development aid programme for reducing poverty and to report to Parliament thereon; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 16 December, and to be printed (Bill 16).
Farriers (Registration)
Presentation and First Reading (Standing Order No. 57)
Byron Davies, supported by Chris Davies, Dr James Davies, Craig Williams and Mike Wood, presented a Bill to make provision about the constitution of the Farriers Registration Council and its committees.
Bill read the First time; to be read a Second time on Friday 13 January, and to be printed (Bill 17).
Parking Places (Variation of Charges)
Presentation and First Reading (Standing Order No. 57)
David Tredinnick presented a Bill to make provision in relation to the procedure to be followed by local authorities when varying the charges to be paid in connection with the use of certain parking places.
Bill read the First time; to be read a Second time on Friday 25 November, and to be printed (Bill 18).
Disability Equality Training (Taxi and Private Hire Vehicle Drivers)
Presentation and First Reading (Standing Order No. 57)
Andrew Gwynne, supported by Andrew Stephenson, Mrs Sharon Hodgson, Byron Davies, Norman Lamb, Lyn Brown, Mark Menzies, Barbara Keeley, Robert Flello, Mims Davies, Helen Jones and Diana Johnson, presented a Bill to make the completion of disability equality training a requirement for the licensing of taxi and private hire vehicle drivers in England and Wales; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 18 November, and to be printed (Bill 19).
Gangmasters (Licensing) and Labour Abuse Authority
Presentation and First Reading (Standing Order No. 57)
Louise Haigh, supported by Mr Chuka Umunna, Mr Iain Wright, Chris White, James Cleverly, Paul Blomfield, Lisa Nandy, Will Quince, Greg Mulholland, Chris Stephens, Stella Creasy and Mr Dennis Skinner, presented Bill to amend the Gangmasters (Licensing) Act 2004 to apply its provisions to certain sectors including construction, care services, retail, cleaning, warehousing and the transportation of goods; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 4 November, and to be printed (Bill 20).
International Trade and Investment (NHS Protection)
Presentation and First Reading (Standing Order No. 57)
Mrs Anne Main, on behalf of Mr Peter Lilley, presented a Bill to require the National Health Service to be exempted from the provisions of international trade and investment agreements; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 2 December, and to be printed (Bill 21).
Kew Gardens (Leases)
Presentation and First Reading (Standing Order No. 57)
Mr Ian Liddell-Grainger presented a Bill to provide that the Secretary of State’s powers in relation to the management of the Royal Botanic Gardens, Kew, include the power to grant a lease in respect of land for a period of up to 150 years.
Bill read the First time; to be read a Second time on Friday 18 November, and to be printed (Bill 22).
Merchant Shipping (Homosexual Conduct)
Presentation and First Reading (Standing Order No. 57)
John Glen presented a Bill to repeal sections 146(4) and 147(3) of the Criminal Justice and Public Order Act 1994.
Bill read the First time; to be read a Second time on Friday 20 January, and to be printed (Bill 23).
Counter-Terrorism and Security Act 2015 (Amendment)
Presentation and First Reading (Standing Order No. 57)
Lucy Allan presented a Bill to repeal provisions in the Counter-Terrorism and Security Act 2015 requiring teachers, carers and responsible adults to report signs of extremism or radicalisation amongst children in primary school, nursery school or other pre-school educational settings; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 27 January, and to be printed (Bill 24).
Child Poverty in the UK (Target for Reduction)
Presentation and First Reading (Standing Order No. 57)
Dan Jarvis presented a Bill to establish a target for the reduction of child poverty in the United Kingdom; to make provision about reporting against such a target; and for connected purposes.
Bill read the First time; to be read a Second time on Friday 3 February, and to be printed (Bill 25).
Homelessness Reduction Bill
Friday 28th October 2016
(7 years, 5 months ago)
Commons ChamberRead Full debate Homelessness Reduction Act 2017 Read Hansard Text
Bob Blackman (Harrow East) (Con)
I beg to move, That the Bill be now read a Second time.
Before I begin my remarks, I place on the record a declaration of interest. I have a small number of properties in the private sector, and am a vice-president of the Local Government Association.
The reality is that, in this day and age, homelessness results from many different causes. It could be because of a relationship breakdown, the end of a private sector tenancy, someone being ill or injured in an accident, or many other causes. As Members of Parliament, we know that often someone who reaches that crisis of homelessness in their lives will naturally go to their local authority to seek help. The sad fact is that when someone is threatened with homelessness and goes to their local authority they will as likely as not be told, “Go home, wait until the bailiffs arrive and come back when you are literally on the streets.”
When someone is on the streets—when they have reached that terrible crisis point in their life—they arrive at the housing office and the people there do a checklist: is the person addicted to drugs or alcohol; do they have children under the age of 16; are they suffering from some terrible illness or other problem?
Caroline Lucas (Brighton, Pavilion) (Green)
I congratulate the hon. Gentleman on introducing this Bill. He talks about local authorities and he is right that changes need to be made to legislation, but does he agree that if this Bill is to be successful there needs to be urgent Government funding behind local authorities so that they can tackle mental health, drug abuse and so forth, and that without that extra funding the good aspirations of the Bill will not work?
Bob Blackman
Clearly, the Bill is part of a strategy. It is not the sole basis of this approach. Under the new doctrines operating in this Parliament, new duties on local authorities mean new money for local government. I hope to hear that from the Minister later on.
After the checks, if someone is priority homeless the local authority will house them, probably in emergency accommodation, which is expensive to the local authority and not very suitable for the people who have to be housed. The non-priority homeless are told to go out and sleep on the streets, on a park bench, or in a doorway, and then they may—may—be picked up by a charity under the No Second Night Out programme. That is an absolute national disgrace. When employment is at the highest level ever and we have a relatively low level of unemployment, having one single person sleeping rough on our streets is a national disgrace that we must combat.
For 40 years, we in this House have forced local authorities to ration the help that they give. I passionately believe that people enter public service to deliver a service to the public, not to deny them a service.
Kate Green (Stretford and Urmston) (Lab)
I congratulate the hon. Gentleman on bringing forward this important Bill. He points to the fact that local authorities will make an assessment and some people will be placed in temporary accommodation as a result. Does he agree, however, that far too many very vulnerable people still end up sleeping rough, sofa surfing or sleeping on the streets, including, for example, people discharged from hospital or from custody?
Bob Blackman
That is precisely why I am introducing this Bill. Anyone who is sleeping rough is extremely vulnerable. They are liable to be mugged and to be attacked. Women are likely to be raped. Horrible things happen to people who are forced to sleep rough. I do not want to see that happen in this society any longer.
Bob Blackman
If I may, I will make a bit of progress.
When I was drawn second in the private Members’ Bills ballot, I asked myself what I could do that would make a difference. At the time, I never realised how popular I could become, literally overnight.
Mr Smith
I too congratulate the hon. Gentleman on bringing forward this Bill, and the number of people here this morning attest to its importance and the support there is for it, which I certainly share in. Does he agree that important lessons should be learned from the action taken by Tony Blair’s Government between 1998 and 2009, when rough sleeping was cut by three quarters, not least because of the close focus on the issue that the Prime Minister personally gave it? Does the hon. Gentleman believe that he will enlist the present Prime Minister’s equal focus in cutting the level of rough sleeping we clearly face?
Bob Blackman
For 40 years, we in this House have forced local authorities to ration the help they provide to the homeless.
I looked at what I could do. I served in local government for 24 years and saw at first hand the damage that homelessness can do to ordinary people who, through no fault of their own, lose their homes. I also sit on the Communities and Local Government Committee, which published its inquiry into homelessness in August. The Committee made particular efforts with ex-homeless people and young care leavers, which led directly to the report’s recommendations that form the basis of the Bill.
The aim of the Bill is to prevent people from becoming homeless in the first place and to prevent people from ever having to sleep rough. In case anyone misunderstands the extent of homelessness, rough sleeping has doubled since 2010. It was up 30% last year alone, with 3,569 people reported as sleeping rough on any one night in 2014. In London, 8,096 people slept rough at some point in 2015-16, an increase of 7% from 2014-15. Last year, 112,330 people in England made a homelessness application, a 26% rise since 2009-10, with 54,430 accepted as homeless and in need of assistance.
If we combat homelessness at an early stage before it becomes a crisis, we will save money in the long run for local authorities. Research commissioned by Crisis, based on in-depth interviews with 86 people who have experienced homelessness, estimates that £742,141 of public money was spent on 86 cases during a 90-day period of homelessness. Overall public spending would fall by £370 million if 40,000 people were prevented from experiencing one year of homelessness, based on an average reduction in public spending of £9,266 per person a year.
Emma Reynolds (Wolverhampton North East) (Lab)
I, too, congratulate the hon. Gentleman on introducing the Bill, which I fully support. On prevention, does he agree that in Wales the Labour Government have introduced measures very similar to those in the Bill? They are starting to work. Unlike in England, homelessness is dropping. He talks about a false economy. The Welsh Government have put money up front to deal with this issue, but I am sure they will save money in the long run.
Bob Blackman
I will come on to the situation in Wales in a moment.
The anticipated savings will include direct savings to local authority homelessness teams. Drawing on the lessons from Wales, which the hon. Lady rightly raises, academics commissioned by Crisis estimate that a projected 20% increase in prevention and relief activity could produce an additional cost of £43.9 million, but that that would be offset by a £46.8 million reduction in spending on people who are already homeless. That is partly due to reductions in the use of temporary accommodation and a greater focus on preventing homelessness. Over time, this should reduce the number of people who lose their home in the first place. This would require more intensive support through either a relief duty or an offer of settled accommodation under the main duty of homelessness.
The Bill should also make savings for other public bodies. Research by Crisis into the cost savings of prevention and relief duties in England suggest that in just six months we could save £2.88 million for the criminal justice system and £1.2 million to £3.8 million for the national health service, including over £500,000 of savings for accident and emergency departments alone. What we know is that people who are sleeping rough are far more likely to suffer from respiratory diseases and they have to use the NHS repeatedly.
In Wales, the Housing (Wales) Act 2014 came into force on 27 April 2015—a great day, the one after my birthday. The experience gained from that legislation has helped to inform measures in the Bill in certain areas. Wales has seen a 69% reduction in the number of households owed the main homelessness duty, with only 1,563 households owed the main homelessness duty in the first year of the new prevention and relief duties. In the first year, 7,128 households were provided with prevention assistance, of which 4,599, or 65%, had a successful outcome. Temporary accommodation has fallen by 16% in Wales since the introduction of the new duties, saving £697,980. In London, which accounts for 72% of temporary accommodation, even half that reduction would save some £37 million.
Mr Steve Baker (Wycombe) (Con)
I am here to support my hon. Friend and his excellent Bill. I just observe, however, that when London boroughs seek temporary accommodation it disrupts the housing market in Wycombe for my constituents. Does he agree that we need many more affordable homes, to both buy and rent, everywhere, but especially in London?
Bob Blackman
The Bill does not deal with supply, but that is an important issue. It is clear that we need to increase the supply of affordable homes right across the country, but particularly in London.
Mike Gapes (Ilford South) (Lab/Co-op)
The hon. Gentleman suggests there will be a saving to local authorities in London, so why does my council in the London Borough of Redbridge estimate that the Bill will lead to additional costs of £5 million for our local authority?
Bob Blackman
There will be an increase in costs associated with the help and advice, and prevention duties. Clearly, that needs to be funded by the Government. I am sure we will hear good news from the Government when the wind-up speeches take place. There are beacons of excellence across the country, where homelessness is not an issue and local authorities carry out the prevention duty properly. I do not want to comment on particular councils, but I suggest that the hon. Gentleman advises his council to look at the Bill very carefully. We need to make sure that London councils support the Bill, recognise their duties and seek funding for them.
The Bill seeks to revolutionise what happens in housing offices. I received an email from a young lady in Wales. Carol Martin is a line manager for homelessness and housing options for a rural county council in west Wales, with many years of housing experience in both England and Wales. She wrote that since the changes:
“It has taken a total rethink of the way my staff work and has needed additional funding, but we are changing things around to take a preventative approach at the outset. It was certainly not an easy process but with a strong belief it can be achieved, some additional types of training and strong negotiation skills it really does work...the roles within the Team are more positive due to the help they are able to give, and the clients coming through the doors are more likely to join in a mutually agreed Personal Housing Plan where the clients take some responsibility as well as the Officers, all working towards a positive outcome.”
That is precisely what my Bill seeks to achieve.
Dr Tania Mathias (Twickenham) (Con)
Does my hon. Friend agree that the Bill addresses the cruelty of the current system? What is brilliant about the Bill is that it will allow local housing staff to express more of their innate compassion and kindness. Like many MPs, I have found staff to be incredibly helpful when people are in desperate need—a gentleman in Richmond borough called Brian Castle does outstanding work—and the Bill will help them to utilise their great abilities.
Bob Blackman
That is the aim—to revolutionise the culture in local authorities and housing offices that provide a service.
Richard Burden (Birmingham, Northfield) (Lab)
I commend the hon. Gentleman for introducing the Bill, and I am pleased to hear his acknowledgment that if it is going to work, it will need to have resources behind it. Let me put this point to him about prevention. Prevention must mean what it says. I recall an Adjournment debate in which it was pointed out that a previous Conservative administration of Birmingham City Council was using the term “prevention” as a means of passing the buck to others to give advice to people threatened by homelessness. It is really important that prevention means prevention and not just passing the buck.
Bob Blackman
There are beacons of excellence in local authorities, some of which do a really good job on preventing homelessness. Unfortunately, the norm is that they do not. We must ensure that they do not pass the buck, that they come up to the plate and that they deliver for homeless people.
The aim of the Bill is, first and foremost, to ensure that no one, but no one, is turned away at the door. Everyone should be entitled to some form of support before they get to the stage where they literally have nowhere safe to stay. No one should go to their council for help, only to be told, “Come back when the bailiffs have arrived.” This Bill ensures that everyone, regardless of priority need status, is entitled to receive free information and advice to help them with their situation; and it means that 56 days prior to someone becoming homeless, they will get help. The council will have to produce a personalised housing plan to create a tailored road map for preventing homelessness in that crucial period, so that both the applicant and the council have an agreed set of steps to fulfil the prevention of homelessness.
Mr Jim Cunningham (Coventry South) (Lab)
I congratulate the hon. Gentleman on bringing the Bill forward today, but will it guard against substandard accommodation? We would not like to see people being placed in substandard accommodation, which is the big issue up and down the country at the moment.
Bob Blackman
I am coming on to that particular issue in a few moments.
The Bill will also ensure that local connection requirements are working in a way that prevents people from moving from one city to another or one part of London to another. People demanding housing in London, for example, would obviously put undue pressure on the system.
The Bill also makes sure that everyone takes an aspect of personal responsibility, so that people will be rewarded with good outcomes for co-operation and engagement with the process. It will bring about a culture change in councils—away from a crisis response towards prevention strategies and a more compassionate approach to helping people who are in that desperate crisis.
Philip Davies (Shipley) (Con)
My hon. Friend will be delighted to know that I support his Bill, and it is good to see that MPs can turn up on a Friday when a Bill is genuinely popular and important to Members of Parliament. Will he confirm that the Bill will stop some of the perverse incentives that I saw when I volunteered for St George’s Crypt in Leeds, where local authorities were turning away people who did not have a drug or alcohol addiction because people with those addictions were seen as a priority? The people who were turned away felt that they were effectively being told that if they wanted to be housed, they had to develop a drug or alcohol addiction. Will his Bill stop those perverse incentives?
Bob Blackman
I thank my hon. Friend for his support for the Bill. Yes, we have to stop these perverse incentives that are encouraging people to go down such routes. The reality is that the vast majority of people become homeless through no fault of their own; they just want help and advice from the local authority. The Bill will make sure that they get that help and advice at the time when they need it—not just on the basis of priority need.
Stephen Pound (Ealing North) (Lab)
I would like to join the universal hymn of praise to the hon. Gentleman. I suggest that anyone who wants to understand the reality of homelessness in London today should read “This is London” by Ben Judah. Speaking as a former homeless persons officer at the London Borough of Hammersmith and Fulham, I can assure the hon. Gentleman that we did not lack empathy or sympathy; what we lacked was housing, and we need to know how to address that. On the point about priorities, I am very proud that this and the last Government have prioritised people leaving the armed forces. We have a military covenant, so will the Bill still include that prioritisation of people leaving the armed forces?
Bob Blackman
I can confirm that the Bill does include priority for the armed forces and for people leaving the armed forces.
Tim Loughton (East Worthing and Shoreham) (Con)
I congratulate my hon. Friend on his Bill and I wholeheartedly support it. I am glad that he has referenced the absurd situation whereby people have to wait until the bailiffs arrive to evict them before they can get help from the housing department. That is one reason why private landlords are so reluctant to take on housing benefit tenants as well. Will my hon. Friend reference another particularly vulnerable set of people he has not mentioned so far: children leaving care? It can be ridiculous when such people can be evicted even from council-owned housing only for the council then to have to pick up responsibility for them at greater cost and with huge social implications for those vulnerable children.
Bob Blackman
I can confirm that the Bill will deal with care leavers. They are included in line with one of the suggestions made during the pre-legislative scrutiny process of the draft Bill.
The Bill will help to stimulate partnerships between local authorities and other public bodies by making sure that key public services are part of the process and have a duty to refer anyone identified as homeless to the responsible local authority. It also creates a power for the Secretary of State to introduce a statutory code of practice, providing further guidance on how local authorities should deliver their homelessness and prevention duties. This will be amendable and helpful when it comes to raising standards or sharing best practice. I do not want us to stifle local authorities that have creative schemes, but I want to make sure that all local authorities are brought up to the standard of the best.
In acknowledgement of the point raised by the hon. Member for Coventry South (Mr Cunningham), the Bill will help to make sure that private sector accommodation has been checked by the local authority when the authority secures accommodation for vulnerable households, ensuring that it meets the specific suitability requirements, including the legal checks required of properties, before being offered to people.
I have now described the ambit of the Bill, and it would be fair to say that it has been a long process to get to this stage. Crisis convened an expert panel of council representatives, lawyers and housing experts as well as others from the charity sector to look at ways to update homelessness legislation in England. I want to put on record my particular thanks to Jon Sparkes, Matthew Downie and Maeve McGoldrick from Crisis, particularly for their exceptional support throughout this whole process and for working with me to put this legislation together and help it reach this stage.
We drew on the Select Committee report and the work of the expert panel, publishing a first draft of the Bill in August. It was then put through pre-legislative scrutiny. The Select Committee on Communities and Local Government held an inquiry and produced a report on the draft version. The Bill is complex and it is unique in that it originates from a Select Committee report, has been scrutinised by the Select Committee and has been substantially amended as a result.
Mr David Nuttall (Bury North) (Con)
My hon. Friend has set out all the steps that he has taken prior to this morning in preparing the Bill. Does he agree that he has set out the gold standard, if I may put it like that, for what other Members should do before they bring private Members’ Bills before the House, and that Members should not just turn up and expect them to get through?
Bob Blackman
When I set out on this journey, I did not realise just how much work was going to have to be done. If Members are bringing legislation to this place to change the law, I believe they should go through a long process and ensure that their Bills are thoroughly tested before they present them.
The Select Committee recommended that clause 1, on the extension of duties to 56 days, should be retained—and the Bill has been kept in line with that recommendation. The Select Committee also found that the Bill’s original measures on the consequences of non-co-operation did not offer sufficient support to vulnerable households. As a result, this aspect was completely reworked, with the bar for non-co-operation during the prevention or relief stage raised to the level of
“deliberate and unreasonable refusal to co-operate”
to ensure greater protection for vulnerable people. Further safeguards have been introduced to ensure that any household in priority need that is found to have deliberately and unreasonably refused to co-operate will be made an offer of a six-month tenancy. That change is supported by the homelessness charities involved.
The prospect of 56 days of emergency accommodation at the end of the prevention stage, regardless of priority need status, was criticised by the Communities and Local Government Committee. While it agreed with the idea in principle, it added:
“we also recognise the reality that it is not feasible for councils to provide accommodation to all homeless people.”
We heard evidence that suggested that there might be some unfortunate unintended consequences, such as the stimulation of the growth of a market in substandard temporary accommodation—warehouse-style accommodation, for instance—or the diversion of resources from vulnerable people.
Primary legislation is not a panacea. It is not always the best way of tackling an issue properly, especially an issue with a complex range of causes. I am therefore very pleased that the Government have now announced a package of measures—at a cost of £40 million—to tackle rough sleeping, with Manchester, Newcastle and Southwark becoming “trailblazer” councils for preventive work. I believe that that will be a far more effective and flexible way forward, and I commend St Mungo’s in particular for all the work that it does in this regard.
The Committee recommended that clause 2 include the words
“those who have experienced, or are at continued risk of, domestic violence and abuse”.
That has been duly done, and is covered by subsection (2)(d).
In respect of the proposed changes in the definition of a local connection, the Committee recommended that the definition in the original legislation be left unchanged. That too has been done, although a minor correction has been made to the original text to deal with a long-standing issue relating to care leavers, and to ensure that they are protected.
I thank my hon. Friend the Member for Northampton South (David Mackintosh), and his all-party group on ending homelessness, for all their support. I also commend the hon. Member for Sheffield South East (Mr Betts), the Chairman of the Select Committee, for all his help and guidance during this process, and for ensuring that the pre-legislative scrutiny was conducted in a fair, transparent manner. As a result, we have ended up with a Bill which I believe has all-party support.
I am also delighted to have secured Government support. I took into account the views of many interested parties, and on Monday the Government finally announced that they would back the Bill. They will fund the additional costs in line with the long-standing “new burdens” arrangements.
Dr Rupa Huq (Ealing Central and Acton) (Lab)
I am grateful to my near neighbour in north-west London for giving way, and I, too, congratulate him on his Bill. He has referred to local authority funding and the Select Committee’s report. That report estimates that there could be 1,100 potential “extra duty” cases for the London borough of Ealing, which already has 677 statutory homelessness cases. I am encouraged by the news that extra funding is on the way, and we await the full details, but does the hon. Gentleman share my concern about the revenue support grant? Ealing was a big loser last time round, whereas the grants for certain Tory councils such as Hampshire and Surrey went up. My borough estimates that our grant will fall by 65% by 2019-20, and it would be great if the Government would assist in that regard.
Bob Blackman
The hon. Lady tempts me to start talking about the revenue support grant, but I will not be so tempted. I do not wish to digress from the main aim of the Bill, which is, after all, to help to prevent homelessness in this country.
Over time the Bill is likely to save money, because if local authorities act earlier households will receive help earlier, and people will be prevented from becoming homeless and requiring more expensive accommodation. I thank the Under-Secretary of State for Communities and Local Government, my hon. Friend the Member for Nuneaton (Mr Jones), and his team of officials for working so hard to ensure that the Bill was in a suitable state to be passed.
I know that the Bill cannot do everything. It will not tackle issues relating to supply, and it will not be a magic bullet to clear the streets of homeless people overnight. What it will do, however, is introduce a long-term cultural change which will, over time, bring about a different way of working among local authorities that will stop people from getting into the terrible position of being homeless in the first place.
Let me relate just one story from my constituency. I will not name the individual concerned, but he had lived in west London and fallen on hard times. When he approached the local authority for advice, he found himself passed between various staff members before falling into an agreement with a housing association. He was evicted from that property, and moved further west. He approached the local authority there, and the local Member of Parliament. Again, he was passed between council staffers. He ended up sleeping rough sporadically, or in his car. After a while he was given a room by a support group, but he left the property shortly after beginning the tenancy as a result of a mutual agreement with the management. He then approached a third local authority.
It was at this point that the man contacted my office for help. That third local authority had told him that he could not be housed. No help was offered, despite his obvious need. My staff approached the office of an MP with whom he had had contact in the past, as well as a support officer who had helped him at one stage. There is a strong suspicion of an undiagnosed mental illness. Without a permanent address, it is difficult for the man to retain a single GP and obtain a diagnosis, and without a diagnosis, he is not considered vulnerable. The cycle just repeats itself. It is important to ensure that everyone is given help, advice and support from the start to prevent such situations from developing.
It is vital for Members, here and in the other place, to refrain from adding amendments to the Bill if it is to succeed. Private Members’ Bills are inherently vulnerable because they have a limited amount of time to get through Parliament, so amendments are likely to cause this Bill to fall in its entirety. I shall welcome short contributions from Members today, as well as volunteers to serve on the Bill Committee. Certain organisations have expressed concerns about the drafting of some clauses; if the Bill succeeds today, I shall undertake to investigate them fully in Committee.
The Bill has received the maximum possible pre-legislative scrutiny, so Members can be confident that it will be workable and has been properly costed. Homelessness is a complex issue, and no one piece of legislation can be the sole solution. The Bill is one part of a larger strategy, but it is a key part, and will produce a revolution in local authority housing offices.
I thank all those who have helped to guide and produce the Bill, but in particular I thank my long-suffering parliamentary assistant, who, over the past six months, has done virtually nothing except work on the Bill. The Government have proved their commitment to social justice in backing it, and, in doing so, have also demonstrated that the Conservative party, led by our current Prime Minister, is the truly reforming, progressive party that is delivering after 40 years of legislation that has prevented local authorities from offering a service to homeless people.
Mr Clive Betts (Sheffield South East) (Lab)
Let me begin by expressing my thanks and gratitude to the hon. Member for Harrow East (Bob Blackman), not merely for his Bill but for the enormous amount of work that he has done over the last few weeks in building a coalition of support across the House and among outside organisations. We should not underestimate his commitment, or his success in building that support for his Bill.
Members have referred to the work of the Communities and Local Government Committee. We in the House are used to following precedents—we seem to do it all the time—but I think that, on this occasion, we have actually created a precedent. A report from a Select Committee has provided the basis for a private Member’s Bill, the Bill has then been subjected to pre-legislative scrutiny by the Select Committee, and the Committee’s subsequent report has helped to produce the Bill in its final form. That, I think, is unique. No one can find an example of its being done before. It is an important example of the two ways in which Back Benchers can best shape and influence legislation in this House—private Members’ Bills and Select Committees—coming together in a powerful way to produce legislation that has support right across the House and will, I hope, reach the statute book. I thank all my colleagues on the Select Committee for the work they have put into it.
Homelessness is a growing problem, as can be seen from the 50% increase in local authority acceptances since 2010 and the growing number of rough sleepers. We also know that the figures do not reflect the true situation. The UK Statistics Authority has said that the figures are not fit for purpose and the Government have agreed to review them, but this is a difficult job. It is difficult enough trying to count rough sleepers. The St Mungo’s estimates for London are eight times higher than the Government figures. We also know that many people go to a local authority and are not recorded properly. Then there are the thousands or tens of thousands who are living in overcrowded accommodation or sofa surfing, and who do not present to a local authority at all. They are not counted in the figures, but we know they are there. The problem is therefore far bigger than the figures indicate.
The Bill, admirable though it is and despite its support across the House, will not deal with the fundamental problem of the housing crisis in this country. There is a shortage of housing caused by decades of not building enough homes by Governments of all political persuasions. Interestingly, when the Select Committee asked three young witnesses what was the most important thing this House could do to deal with homelessness, they all said, “Build more social housing.” That was reflected in recommendation 3 of our first report on homelessness, which stated:
“There is therefore a case for the development of homes for affordable rent which we encourage the Government to act on by working with local authorities to deliver the homes that are needed at a local level.”
It is helpful that the new Minister for Housing and Planning is beginning to reflect that point in his comments. We look forward to the White Paper and the autumn statement, which hopefully will recognise that although homes to buy are important, there are many people who cannot afford to buy and who need a home for rent. That is something for the Government to consider.
Emma Reynolds
I welcome my hon. Friend’s focus on the housing crisis and the failure of the Government to deal with it. Obviously, successive Governments have failed to build enough homes. May I bring him back to his point about supply? Is it not the case that some of the Government’s policies, such as forcing councils to sell council homes and watering down section 106 agreements to focus purely on starter homes, rather than council homes, are making the problem much, much worse?
Mr Betts
Personally, I agree with my hon. Friend. The Select Committee looked at this matter for our report on housing associations and the right to buy, and that was reflected in our report on homelessness. We accepted that there should be a housing programme to provide more homes in local areas to reflect local needs, and that it should include homes to buy and homes to rent. That was agreed across the parties. There is a need to recognise that housing markets are different across the country and that what is appropriate in London is not necessarily appropriate in the north-east. It is appropriate to look at local need and provide the homes that are needed in particular areas. There was all-party support for that.
The Select Committee looked at the problem of the growing gap between private market rents and the local housing allowance. Some 40% of homelessness cases are caused by the ending of an assured shorthold tenancy, often because the tenants cannot afford to pay the rent. In Westminster, the gap between the average rent and the local housing allowance is £500 a month. But it is not just Westminster: in Cambridgeshire, the gap is £250 a month. Those are large figures. If the local housing allowance is frozen from now until 2020, the gap will get worse. Recommendation 2 of the Select Committee’s first report on homelessness states:
“Local Housing Allowances levels should also be reviewed so that they more closely reflect market rents.”
There was cross-party agreement on that. It is a problem that in many areas, when people are made homeless, there is no social housing for them to go into and no private rented housing they can afford either. That needs to be addressed.
There are also problems with supported housing, although the Government have rowed back from their initial intention to relate the cost of supported housing to the local housing allowance. This still needs to be thought through. There are particular problems for people in supported housing who get back into work and then find that they cannot meet the cost of supported housing because housing benefit is withdrawn completely. That problem was raised with the Select Committee by a lot of young people during our inquiry and it needs to be addressed. People must be able to get back into work without finding, suddenly, that they have lost their supported housing at the time they most need it.
Mr Andrew Smith
I congratulate my hon. Friend and his Select Committee on the work they have done. Is there not also an acute problem that arises from the cuts to housing-related support? For example, Oxfordshire County Council, because of cuts in Government support, is drastically cutting the support it gives to local homelessness hostels and threatening to end it altogether in three years. Even with all the measures in this Bill, if that went ahead, it would be a disaster because hostels would close and people would be forced on to the streets.
Mr Betts
Certainly, when the initial proposal was made that the costs of supported housing would be related to the local housing allowance, virtually every provider of supported housing said that they would not be viable. The Government have rowed back from that and are now talking about splitting the housing benefit element and the care and support element. That might be a sensible way to help people who get jobs and ensure that they do not lose all their support, but the Government might still want to think again about the proposal to force supported housing providers to reduce their rents each year. That will cause problems for many of them and they are still raising it as a concern.
The Select Committee found that there was a need to offer better support and advice to people who present as homeless. As the hon. Member for Harrow East said, the Bill will not end homelessness, but it will address a very real problem. We saw some good examples of local authorities dealing with homeless people. In Birmingham, we saw a truly joined-up service, with the housing authority, the children’s service, charities and the health service all working together. Unfortunately, that is not the case everywhere. Crisis sent its mystery shopper into 87 local authorities and 50 of them were found to have got it wrong. The variation in support for homeless people is simply unacceptable. Crisis was very clear about that when it came to the Select Committee, and our report said:
“We have received too much evidence of councils and their staff treating homeless people in ways that are dismissive and at times discriminatory. This is unacceptable.”
Hopefully, the Bill and the better code of practice that the Government are going to bring forward will address those issues.
The hon. Member for Harrow East outlined the important measures in the Bill, which I and the Select Committee support entirely. The extension in the time when homelessness should be addressed by local authorities from 28 days to 56 days will provide more time for preventive work. The measures to improve support and advice are very welcome, as is the proposal for a personal plan for individuals who present as homeless. It is important to talk to people about what is and is not possible in addressing their homelessness needs right from the very beginning.
I hope it can be written in at some point that, in addressing those needs, regard should be given to the care and support that homeless people get from family members and others, and to the schools their children go to. Perhaps that can be contained in the code of practice that Ministers will bring forward, because those things are important. We heard evidence of people being offered homes that were a two-hour journey from their children’s school. If at all possible, that should be avoided.
Nusrat Ghani (Wealden) (Con)
I commend my hon. Friend the Member for Harrow East (Bob Blackman) for bringing this important Bill to the Floor of the House.
On the point the hon. Member for Sheffield South East (Mr Betts) has just made, I want to say that families have changed; there are many more broken families and single men and women out there. We need to treat them all equally, especially a man who becomes single but still wants access to his family and the school his children go to. We need parity across the system, with single men treated equally if they become vulnerable and homeless.
Mr Betts
There is a very real problem in that for local authorities, which can end up providing two homes for a family when it splits up. That is a real challenge and I have a lot of sympathy with local authorities, but equally with the people who want to keep contact with their children and maintain good parental relationships.
I welcome the personal plan and the preventive measures, and particularly the measures in clause 1 and a stop to the nonsense that homeless people, who are already stressed out and traumatised, should have to go through a court process and sometimes end up being evicted before the local authority will help them. That is crucial to the success of the Bill and to giving homeless people a better deal.
I have something to say about the wording of the Bill. Local authorities can decide they will force people to go through the court process if they can show they
“have taken reasonable steps to try to persuade the landlord to—
(i) withdraw the notice, or
(ii) delay applying for an order”.
That may be reasonable if authorities use the measure reasonably, but I am worried it provides a loophole that authorities that are not being reasonable could use to force more people through the court route than intended. We will need to closely monitor the legislation to make sure that unintended consequence does not arise.
Stephen Pound
My hon. Friend speaks from a position of great knowledge. I entirely endorse his point about schooling: anyone who goes to Slough station at 7 o’clock in the morning will see 20 or 30 children wearing Ealing school uniforms, making a two-hour journey. That is heart-breaking.
One of the fastest-growing areas of homelessness is parental exclusion. It seems to be perverse to ask a mother or father to evict, through the courts, their daughter or son. Does my hon. Friend agree that parental exclusion should be examined in detail in Committee?
Mr Betts
The hon. Member for Harrow East will know far more about the intended mechanics of the legislation, but I think the point is that when someone is threatened with homelessness they go to the authority, and now they will be entitled to proper advice and support, including the working out of a personal plan, from the very beginning. That is a key part of the legislation. It will not solve every problem for every person who is homeless or threatened with homelessness, but it should provide a much better service for people in the situation that my hon. Friend mentions.
The duty of public authorities to refer to a housing authority someone who is homeless or threatened with homelessness is very relevant. I ask the hon. Member for Harrow East, however, whether there is a possibility at some point of extending beyond a duty to refer, to a duty to co-operate. If someone is homeless, they often have mental health problems or are faced with domestic abuse or other issues related to their homelessness such as unemployment or benefits problems. The Committee’s report on homelessness recommended having a joined-up approach, and it would be an improvement to get all public authorities working together.
Finally, it is crucial that we get the code of practice in place. I would like to hear from the Minister whether the code will be available for Members to look at before the end of our consideration of the Bill. The Government have codes of guidance at present but unfortunately they do not always work. A classic example is that currently in the code—a Minister has recently written to councils reminding them of this—if a local authority does an out-of-area placement of a homeless family, they are supposed to tell the receiving authority that that family is coming to them because they may have other needs that need addressing. In many cases that does not happen, however, despite the guidance saying it should. A code of practice ought to strengthen the code of guidance, and authorities ought to have to follow it. We want to hear that Ministers will put in place proper monitoring arrangements to make sure all the good measures are delivered in practice for people who are homeless or are threatened with homelessness.
This Bill will not remove homelessness, as the hon. Gentleman has accepted. However, there has been such a cross-party effort to try to get this right, from the hon. Gentleman, from the Select Committee and from a wide group of organisations including Crisis, that we hope it will improve the situation for the homeless and those threatened with homelessness in a very meaningful way.
Several hon. Members rose—
Mr Speaker
Order. No fewer than 29 Back-Bench Members are seeking to contribute to the debate, meaning there is a premium upon economy.
Mr Mark Prisk (Hertford and Stortford) (Con)
It is a pleasure to follow the Chairman of my Select Committee, the hon. Member for Sheffield South East (Mr Betts), and I congratulate my hon. Friend the Member for Harrow East (Bob Blackman) not just on deciding to tackle what is a very thorny issue, but on the way he has developed the legislation. His open, collaborative approach means the Bill contains proposals that are workable, have been tested in the Committee and have cross-party support. That is why I am delighted to co-sponsor this Bill as a Committee member, and as a former housing Minister.
In the year I was housing Minister, I took the opportunity over Christmas 2012 to learn a little more about this subject by working as a volunteer for Crisis in one of its shelters, and it was a real eye-opener. We all deal with this as constituency Members, but when we are there as an individual listening and engaging and doing what Ministers rarely have time to do, which is work with individuals, that really changes our views and aims. I want to put on record my support for Jon Sparkes and his team at Crisis and its many volunteers for all they do. I also pay tribute to Crisis for handling this Bill so openly and collaboratively, which means it is taking a just cause and turning it into good law. Many other pressure groups could learn from that.
As so many other Members wish to speak, let me canter through the issues. First, we have rightly heard that homelessness is hugely complex. It manifests itself in different guises: people might be sleeping on the streets, in shelters, or in a house but sofa surfing. It is also immensely complicated in terms of the way it can be measured. The current snapshot statistics are not sufficient; they do not provide a clear picture. One outcome of the Select Committee inquiry was to encourage the Government to look at extending the CHAIN—combined homelessness and information network—database statistics, which are year-round, by rolling them out beyond London. I hope the Minister will respond to that point, because if we get a better view throughout the year of the nature of the problem, we will deal with the causes more effectively.
On the causes, while it is clear that the increase in the turnover of tenancies is a factor, it is not the only factor. For many people, the reason they find themselves on the streets is less to do with housing and more about underlying problems. Indeed, for some people their homelessness is a symptom of other problems. That is why mental health issues, addictions, family breakdowns and the challenges around debt frequently feature among the homeless. People can often cope with one of those problems, but the moment when those problems coalesce can be when their lives collapse and they turn up at the local authority. So if we are to tackle homelessness, we need to understand the complexity of the causes.
That is why I am so pleased to see that 20 years on from the Housing Act 1996, this Bill shifts the policy and the law to prevention. As Members have said, the danger is that action occurs only once people are facing crisis. Clauses 1, 2 and 4 are important because they enable local authorities to intervene in a way that helps to prevent homelessness. Change the law and the policy and practice will follow. Until now we have tended to deal with the issue once people become homeless, which has proved to be more expensive and difficult. More important perhaps, if we only deal with the problem once people have been turfed out of their home, it is far more traumatic for them, especially when there are children involved.
The hon. Member for Sheffield South East touched on the question of how to raise the standard of advice and support across local government. Many local authorities do a fantastic job and I want to express my admiration for the housing officers in my own district of East Herts and the many others I have met. They do a rewarding but difficult job, dealing with family crises on a daily basis. The Select Committee inquiry revealed the huge variation in the advice and support provided by different councils. This is not, as we might suspect, simply a difference between councils in different parts of the country with different problems. In fact, there are variations between neighbouring authorities with almost identical social issues. To use a catchphrase, there is a postcode lottery for those in need.
As a Minister, I tried to promote best standards of practice and to use those standards to lever up the rest. That had some good effects and we saw some really important improvements, but I have to say now that, three years on, I recognise that they were not enough. I have been a reluctant supporter of the provisions in the Bill on statutory codes of practice. I back them now, but I did not do so initially. If they are clearly drafted and focus on outcomes, such as mandatory codes—I note that they are plural in the Bill, not singular—they could be targeted to raise the standards of service in the weakest authorities. I fully accept that the Local Government Association and others have said that we need to be very careful about this. Of course we need to be careful about how we draft the codes and ensure compliance. The codes should also be matched by a continuing effort from the Government to reward best practice.
Clause 2 will broaden the duty to provide advice and information. All of us, as constituency Members, will recognise the different categories that come before us locally, including people who do not quite meet the standards and are not regarded as priority cases. The Committee had an important meeting with young care leavers, and I am particularly pleased that that group is included in the Bill. Those young people were very candid about the system, which currently ignores them once they reach adulthood. They were initially cautious about talking to us—they do not normally engage with strange politicians in suits—but the conversation flagged up the fact that many of them were sleeping rough. Yes, some of them were sofa surfing, but sadly some of them were turning to drugs and even to prostitution. It is therefore really important that that group is specifically included in the Bill. The fact that councils will now be required to recognise them as a vulnerable group is really important too.
The Bill offers a great opportunity to reduce, but not remove, homelessness. I think we all understand that this is an opportunity to focus on prevention and to raise the standards of advice and support across the country. It is also an opportunity to ensure that more people get help sooner. In that sense, the Bill offers real hope, but I would like to add one rider. Given the mood music coming from the Government, I think we might get a good answer to this point. I say to the Minister that we can hope to make progress only if the Government play their part. It is fantastic that Ministers have stepped up to the plate and that they are backing the Bill, but many councils will require additional funding in order to fulfil these new commitments. I trust, given the Minister’s positive body language, that we are going to get a useful response from him on that point, as we would expect. Today offers a chance for the House and the Government to send a message of real hope to those without shelter. Let us seize this chance and let us back the Bill.
John Healey (Wentworth and Dearne) (Lab)
It is a pleasure to follow the hon. Member for Hertford and Stortford (Mr Prisk). He has spoken this morning with a combination of policy expertise and personal experience. He made a telling point towards the end of his speech about the priority that the Bill gives to young people leaving care, which I really welcome. I congratulate the hon. Member for Harrow East (Bob Blackman) on his Bill and also on the way in which he has gone about securing it. His sponsors are all members of the Communities and Local Government Committee, including my hon. Friends the Members for Sheffield South East (Mr Betts), for Dulwich and West Norwood (Helen Hayes), and for Leicester West (Liz Kendall). Together, they have produced the first ever prelegislative scrutiny report of a private Member’s Bill. That has been helpful, in that the Bill before us has been significantly amended as a result of the Select Committee’s report.
The Bill is well supported, and there have been good briefings on it by campaign charities including Shelter, St Mungo’s and, above all, Crisis, for which it has become something of a crusade in recent months. I am glad that we got confirmation in the House on Monday from the Secretary of State for Communities and Local Government that the Government intended to back the Bill. That is a tribute to the Under-Secretary of State for Communities and Local Government, the hon. Member for Nuneaton (Mr Jones). I know very well how much work is required behind the scenes to get all parts of the Government, not least the Treasury, lined up to support a private Member’s Bill. Those of us who have seen him at meetings, receptions and debates in recent months know how hard he has been working to secure the Government’s support.
We on the Labour Front Bench welcome the Bill. I back the Bill and I welcome the cross-party support for its aims, which are to provide more help earlier for people who are threatened with homelessness, and reduce the number of people hit by the misery of homelessness. I also welcome the Bill because it builds directly on similar legislation that was introduced in Wales by the Labour-led Government in 2014. Importantly, however, that was not an isolated piece of legislation, but part of a 10-year strategy.
Paul Flynn (Newport West) (Lab)
Did my right hon. Friend see the comment by Simon Rose, the housing management officer at Newport Council, that for every pound Newport Council spends on its homelessness policy, it saves £4 as a result of the legislation introduced by the Welsh Government?
John Healey
I have not seen Simon Rose’s comments, and I would be grateful if my hon. Friend could send them to me. He makes the point that the extra cost required to support this Bill will be a good investment in the long term, and I hope that Ministers will recognise that. Preventing homelessness will prevent higher, longer-term costs. It is early days, but the experience in Wales in the first year following that legislation has been encouraging. In 65% of cases, homelessness has been successfully prevented when at-risk households have been helped by councils. That means that there are nearly 5,000 people and families in Wales today who last year could have been homeless, but who have instead benefited from the help offered by the councils.
This is a good, useful Bill, but it is only a first step. The hon. Member for Harrow East was right to say that legislation is not a panacea that can reverse the rapidly rising level of homelessness. The Bill is not a silver bullet. We cannot legislate and claim to be tackling homelessness. We cannot legislate and lay the blame on councils. If the hon. Gentleman really wants to reverse 40 years of rationing the help that councils can offer, he cannot do it by simply redesigning the system, when councils are struggling every day with an ever-increasing workload, and face an ever-decreasing range of housing options. If the Government are serious about this Bill, and if Ministers mean what they say about homelessness, they must do two things: fund the cost of the extra duties in the Bill in full, and tackle the causes of the growing homelessness crisis in this country. Those are the two tests with which we Opposition Members will hold the Government to account, hard.
Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)
I warmly welcome the practical measures in the Bill, but I also heed my right hon. Friend’s comments about the need to accompany the changes with a real effort to build more homes, as the Chair of the Select Committee, my hon. Friend the Member for Sheffield South East (Mr Betts), said. That is a test not only for Government, but for us all. So many times in Communities and Local Government questions, MPs rise to oppose new developments in their constituencies, even though that has nothing to do with the House of Commons. We must have the courage to tell our constituents that this country does not build enough houses; we cannot simply reflect their prejudices back on them. We have to tell them that this country must build more homes.
John Healey
My hon. Friend is right. I hope that the cross-party spirit in which we tackle this Bill may, in due course, lead to more of a cross-party spirit in tackling the bigger housing challenges that he mentioned.
I return to our two tests. First, the Government must fund the costs. The Minister told the Select Committee that he hoped to complete a costs estimate of the Bill before Second Reading. He has not, but in answer to a parliamentary question this week he confirmed to me:
“The Government will fund any additional costs in line with the longstanding ‘new burdens’ arrangements.”
The work to assess and agree the extra costs of the new duties or, if we like, burdens on councils that are in the Bill must be done urgently and openly. It cannot be done in some backroom deal between the Treasury and the Department for Communities and Local Government. Local government must have confidence in and involvement in the process. That is the first commitment that we want the Minister to give the House today. Beyond that, councils rightly want to know that any additional funding of the costs really will be additional, not taken off some other part of the funding due to go to local government. We look for that commitment from the Minister today as well. First, fund the costs in full; secondly, tackle the causes.
Homelessness is not inevitable. It is not necessary in a country as well off and as decent as ours for people to have no home. Cutting all types of homeless was one of the proudest achievements of the previous Labour Government. At the time, it led the independent homelessness monitor produced by Crisis and the Joseph Rowntree Foundation to declare
“an unprecedented decline in statutory homelessness”.
As my right hon. Friend the Member for Oxford East (Mr Smith) said, homelessness, rough sleeping and people on the streets all fell by three quarters while we were in government.
I regret the fact that, since 2010, we have seen that trend go into reverse. Rough sleeping has doubled, statutory homelessness is up by almost half, and the latest official figures show that, each night, nearly 115,000 children are sleeping in temporary accommodation. Those are young lives blighted by transience. They are often in temporary bed and breakfasts and hostels. Their belongings are in their bags. They are often sharing bedrooms with siblings and bathrooms with other families. These are the children who cannot go home. These are the children with no home in our country today. That is a scandal that shames us all.
I say as gently as I can to the Minister that many of the housing policy decisions and failures we have seen over the past six years have led directly to the current homelessness crisis. There have been 13 separate cuts to housing benefit, including the bedroom tax, and, of course, the breaking of the link between housing benefit or local housing allowance and the rise in private rents. In the previous Parliament there was a 45% cut to Labour’s Supporting People programme, which provides vital funding and support to homelessness services. We have seen soaring private rents. Rent in the private sector is now on average more than £2,000 a year more than in 2010.
Councils cannot help the homeless if the Government will not build or, indeed, let councils build the homes that are needed. The number of new social rented homes started in Labour’s last year in government was 40,000; the number started last year was just 1,000.
Caroline Lucas
The right hon. Gentleman is making a powerful point. We often talk about people losing their homes; does he agree that people do not lose their homes like they lose their keys but are often being forced out of them by Government policy? We need a joined-up strategy of exactly the kind he is describing.
John Healey
We do indeed. Increasingly, the trend is that people face the threat of homelessness and, indeed, are made homeless by breakdowns in private rented contracts, and they are often evicted by a private landlord. To tackle homelessness, we have to tackle the causes of homelessness. We must build more affordable housing, act on the rising costs and short-term lets for private tenants, and reverse the crude cuts in housing benefit that hit some of the most vulnerable people.
In today’s cross-party spirit, I direct the Minister’s attention to two planned changes that he simply must stop. If he does, he will find almost as much support for doing so among Conservative councils and colleagues as he will among the Opposition. Both of the changes are part of the toxic legacy for housing left by the previous Chancellor, the right hon. Member for Tatton (Mr Osborne), so perhaps there is plenty of scope for common ground. First, how can councils house the homeless if the Government are going to force them to sell off the better council houses every time they become vacant? The Minister should drop that plan from the Housing and Planning Act 2016.
Secondly, how can councils house the homeless if homeless hostels face closure because the new housing benefit or local housing allowance falls so far short of the housing costs? The Minister should fully exempt supported housing from the changes to housing benefit.
Finally, I turn to the hon. Member for Harrow East and his cross-party sponsors. The Opposition wish them well during their further detailed discussions and debates with the Government. We wish the hon. Gentleman well in moving forward with the Bill, and in securing the action required to fund the costs and tackle the causes of the homelessness crisis in our country. To the extent that he does that, he will have the Opposition’s full support.
Several hon. Members rose—
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. Just to be helpful, lots of Members want speak and I want to get everybody in, so if brevity can be the order of the day, we will ensure that the Bill is tested and that, hopefully, everybody can unite at that stage. I am worried that we might end up talking it out if we are not careful.
Kelly Tolhurst (Rochester and Strood) (Con)
Like many colleagues present, I am pleased that the Government have put their support behind this much needed Bill. I know that my hon. Friend the Member for Harrow East (Bob Blackman) has worked tremendously hard to get to this point, and that he has received great support from Crisis and St Mungo’s. It is a credit to the Bill that so much expertise has formed its building blocks, and it fully deserves the attention it has received today.
It is a tragedy when a person becomes homeless. It is also deeply saddening that homelessness doubled between 2010 and 2015. The misery is plain to see across many of our high streets and neighbourhoods. Kent is no different: the number sleeping rough there has doubled. Yet, most disturbingly, the number of homeless people aged 25 and under has tripled since only 2014, and that is indeed the case in my own local community. My local authority, Medway Council, has conducted a survey to detail rough sleepers in the area. However, as I imagine is the case throughout much of the country, it is conceded that the true figure in Medway could be much higher than recorded.
The unfortunate people sleeping rough go through experiences that many of us cannot imagine in our worst nightmares, sometimes even under the radar. In Medway, we recently had the tragic death of 28-year-old Samson Paine, who was homeless in Chatham town centre. Samson’s partner, with whom he shared a life on the streets, has spoken emotionally about their struggles and how, eventually, they acquired a tent in which they could get some decent sleep. Although housing had been offered previously by a charity, under current legislation there was sadly little that Medway Council could do. We have in place a strong local network of organisations to help the homeless, and the council does offer good advice, but we should always do more when vulnerable individuals are forced to live on our streets.
In Rochester and Strood, we are blessed to have some of the hardest-working charity groups helping the homeless to get back on their feet. Emmaus Medway provides, as it does across the country, a supportive community for the homeless, allowing them to regain their dignity and independence. As a companion of Emmaus, those who are homeless can stay as long as they like within the caring principles and spirit of the community. This summer it celebrated its 25th anniversary in Rochester with a day of “bargains galore”, with the generous proceeds raised from my community going straight to the movement.
Our area also has Caring Hands, which offers a Christian response to the problems facing the marginalised in our society, including the homeless. Big focuses for Caring Hands are children and young people who have come out of care, people with addictions, those with mental health issues and ex-offenders who are looking for help in Medway. Each week, it provides meals and snacks, showers, laundry and a clothing exchange to its regular visitors. It offers that support and it, in turn, has a lot of support within our local community, including from many local businesses.
That work in my constituency is inspiring and it has extremely wide support throughout the local area. However, prevention is of course better than cure. A greater focus on preventing homelessness should, over time, reduce the number of people who lose their home and require more intensive support or accommodation. I know that it is important for councils to see an end to homelessness and, as in Medway, they would much rather have it prevented in the first place, so it is sad that we hear of many examples where a local authority can give its assistance only once a person has already slept rough. The system needs to be strengthened to ensure that these difficult choices are reduced. In the end, we need to move towards services having the ability to offer meaningful, personalised support, whereby struggling households and individuals are assisted to identify solutions to prevent homelessness quickly.
I am pleased that this Bill is setting out to address the prevention issue. Regardless of a person’s priority needs status or local connection, no one should be forced on to the streets when measures are still available. A single woman living on the street should not be there, just as much as a young family should not be. With the appropriate backing, it is right that our local government receives the means and is given the duty to prevent families or individuals from being forced to live on our streets.
I am hopeful that our local authorities will be given the necessary funds to ensure that this legislation works and that we achieve the results that everyone wishes for, but it should also be a case of, “You need to help me for me to help you.” It is crucial for the success of this legislation that households take their own steps and initiative to resolve their homelessness. It will be in most people’s interests to get themselves off the streets and back into a home that offers warmth, shelter and a place where a family can flourish. The incentives are there and the cultural barriers within households stopping them from seeking help must come down, too.
We are all aware of the introduction of similar legislation in Scotland and Wales. It is impressive to see the scheme in Wales already providing positive results in just its first year, with 65% of households applying for prevention assistance having a successful outcome. I am hopeful that that statistic will rise at the end of its second year and beyond. Through this Bill, we can get to the stage where we share best practice, both locally and nationally, across all regions of the United Kingdom.
To conclude, I believe that in a civilised society it is unacceptable that people should be faced with the fear of homelessness. It is therefore vital to help the most vulnerable in society to get their lives back on track before it is too late or the damage is done. This important Bill reflects the compassionate society we all hold dear, and I commend my hon. Friend the Member for Harrow East for bringing it forward today. I fully support him in his endeavour.
Paul Flynn (Newport West) (Lab)
It is a pleasure to follow the hon. Member for Rochester and Strood (Kelly Tolhurst), particularly given her comments about Emmaus, which is by far the most impressive group working and producing practical results in this area. I had the experience of visiting Emmaus, and, uniquely, the people there insisted that the visiting MPs washed their dishes after the modest meal that we had. This was a symbol of the democratic nature there; MPs, no matter who we thought we were, were on the same level as the homeless people and companions in the house. Emmaus is a splendid institution.
The hon. Member for Harrow East (Bob Blackman) deserves our full congratulations on introducing this Bill. May I urge everyone else to follow his advice to keep a Bill simple and not to adorn it with amendments? I once had the experience of the late Alan Clark and the late Eric Forth making speeches in support of a Third Reading of a Bill I had. I then realised to my horror that neither of those two colourful figures actually understood the Bill, and the only way of getting it through was to make a 13-second speech in case they understood the details and then sabotaged it. Simplicity is the way of getting things through in this House.
The Welsh Government, to their credit, already have this measure. It is the best of legislation, because it is not overambitious; it does not attempt to change the world. We know the problems of homelessness. A lot of it is to do with mental ill health, or with addiction to drugs or alcohol. Homelessness is a very complex issue and there is no simple solution to it, but they have introduced this measure modestly and it has been very successful. May I commend another measure that the Welsh Government took, which is on consent for organ donations? About three years ago, I had a constituent visit me who was waiting for a heart transplant. This 19-year-old boy found that there was a shortage of donors and six months later I attended his funeral. Again, we should look at what is happening in Wales with the presumed consent measure and follow that example.
I have a half-hour speech written out, but I will not burden hon. Members with it. On the Bill, I wish just to say something to my Labour colleagues. A simplistic way to solve these problems is to say that the Labour party should end the sale of council houses. That is a very controversial issue, and may I commend the work of the late David Taylor, who was a councillor in Leicestershire and a marvellous MP? Members should read a great book about him called “Clockwinder Who Wouldn’t Say No”. He was a model MP, and anyone who wants to should read that book and find out—
Paul Flynn
Don’t bother buying it, as it is much too expensive—come to see me. [Interruption.] No money is made from it. Those who remember David will know of the sad circumstances of his death. I believe he was killed by press criticism, which destroyed him, because he was a great Christian gentleman who was undermined by an attack on him; he dropped dead a fortnight later. I mention him today because when he was on the council, long before he became an MP, he and Newport’s council did the same thing. Long before Thatcher sold council houses, we decided, for good socialist reasons, to sell council houses, because it is not property that is theft in today’s housing world, but rent. We could not continue, in good conscience, to deny the people who support us so well—the council house tenants—the chance of acquiring an appreciating asset: a house. I say that we must not take that road, as that would be the wrong way to go, and there are other ways of tackling the problem.
This Bill is a fine Bill, and it is wonderful to see a progressive, highly intelligent and practical politician following the example of socialists in Wales.
Mr David Burrowes (Enfield, Southgate) (Con)
It is a pleasure to follow the hon. Member for Newport West (Paul Flynn). Like everybody else, I pay great tribute to my hon. Friend the Member for Harrow East (Bob Blackman), the promoter of the Bill, and I am proud to be one of its cross-party sponsors.
Several weeks ago, the Prime Minister took to the stage at our party conference to deliver her vision for Britain: a country where every single person, regardless of their background or that of their parents, has the chance to be all they want to be, where government stands up for the weak and stands up to the strong.
Hon. Members might forgive Henry for his scepticism. At the age of 22, Henry found himself on the streets after being physically abused and thrown out of his home by his father who refused to accept that he was gay. Vulnerable and in desperate need of help, Henry turned to his local London borough, repeatedly waiting for hours in packed receptions, only to be told that there was nothing that could be done, and that he was not a priority and certainly not a statutory priority. Effectively in his mind, he did not matter. It is for people like Henry for whom we are standing up today and this week. We want to ensure that, at the very least, we have in statute a duty to prevent people like Henry from going through the cycle of despair without a home.
There have been many good speeches today; no doubt there are still more to come, but they will be getting briefer as we get to the time that will see this Bill safely on its passage. They will not necessarily bridge that gap in credibility that people like Henry see as they gaze across at this fine building. I am talking about those people across the Thames who are facing another night on the streets. It is, as others have said, a scandal that we too readily tolerate, and have tolerated, the increasing number of homeless people. It is also a preventable scandal, which today we can do something about by supporting this Bill.
The point of this Bill is to ensure that the causes of homelessness are tackled, so that people do not reach that crisis of being without a home. Inevitably, that means empowering councils and other agencies to focus more on the drivers of homelessness. Sadly, in the front seat is family relationship breakdown, which for six out of 10 young people is the main cause of homelessness, according to a Centrepoint report this week. This Bill will provide that duty of prevention. Yes, the burden will fall heavily on local authorities, but the responsibility is a shared one, particularly when one considers the costs of youth homelessness, which mainly hits central Government budgets. That is why I welcome the Government’s support today, and we look forward to hearing the Minister’s response. Inevitably, the Government are already picking up the costs, so they need to be involved in investing in prevention.
Centrepoint’s recent report highlights that the main cost of youth homelessness alone—on top of costs of offending, poor mental health, lack of education, employment or training, and domestic violence and so on—falls predominantly on the welfare budget. For those under 18, that amounts to £9,000 per young person per year, rising for 18 to 24-year-olds to £12,000. That amounts to some £560 million a year just in terms of homelessness. The Government’s £40 million announcement is welcome, but those figures put the problem in context and show us what is needed to be able to shift the focus on to prevention. Such a shift obviously makes so much sense both in terms of value for money and of social benefits.
Homelessness is a complex issue, because it involves individuals with multiple and complex needs. As we know from the great work of St Mungo’s and its supported accommodation—it also has accommodation in my constituency—of the 1,036 people who have slept rough and are currently in its accommodation, three quarters have mental health problems, 65% have drug or alcohol problems and half have a physical condition that has a substantial effect on their health. We therefore need to deal with things in the round and ensure that all agencies of government, centrally as well as locally, are focused on seeking to prevent homelessness.
The stark reality is that the average life expectancy of someone who is street homeless is 47—so someone of my age. At the age of 47, that would be it. That is appalling and hard to comprehend. We must be able to shift that in this day and age.
As the hon. Member for Sheffield South East (Mr Betts) said, there are examples of good practice. In my borough, there are individuals who are working incredibly hard—in John Wilkes House and others—to do a great job. Sadly, there are far too many examples of bad practice across local authorities. In my constituency, I have had some examples of really appalling, shoddy practices that dehumanise individuals as they try to seek help. This Bill will ensure that there is a level playing field for those who do not currently see that—the homeless. The reality is that we need to ensure that the good practice highlighted by Centrepoint of mediation, whole-family approaches, multi-agency working, and of the single frontier for services needs to spread throughout our land to help the most vulnerable.
All too often in my years as a Member of Parliament and as a councillor, I have seen that outer London boroughs such as mine can be in denial about the real numbers of homeless people—the hidden homeless and the real street homeless. They can acquiesce—not least because they are allowed to by legislation—to seeing those at risk of homelessness gravitate to central London hostels, to the Greater London Authority’s excellent scheme of No Second Night Out and the rest. They can effectively sit on their statutory hands while others pick up the bill. This is what this Bill seeks to address by ensuring that there is co-operation, relief and a duty of prevention, and I welcome that.
Mr Burrowes
I will press on so that others can speak.
We need to do what we can to tackle this issue. I am therefore disappointed, but not surprised, that my borough of Enfield and other north London councils in the North London Housing Partnership have sent round a submission that is very critical of this Bill. It says that it is unworkable in London and that it will increase homelessness. That is a huge shame. In their words:
“This is likely to detract from the very effective homelessness prevention that already takes place.”
They are in denial. I wholly disagree with them. We need to respect that the funds and support are needed. We need to look at those without recourse to public funds, and to support those who do not have family or local connections. I say to my council and others that what is unworkable is what Crisis reported, which is that what was offered to the 50 out of the 87 mystery shoppers—the people acting as single homeless people—was wholly insufficient. They reported a lack of private interview rooms and the insensitivity of staff, which was akin to public humiliation. Sympathy and empathy, which are there in individuals, were sadly in short supply. The poverty-related shame and the stigma were reinforced by what they received from their local authorities. That must end. That is what is unworkable. It is unworkable that many were just dismissed with a selection of leaflets that they were unable to understand or to decipher. Some were simply told to browse on Gumtree. That is unacceptable in this day and age, just as it is unacceptable to see the rising level of homelessness.
We must ensure for the good conscience of our nation that we do not just let people fall back on the priority need and “sitting on our hands” aspect of practice at the moment, and that we deliver much more comprehensive preventative duty. We need to recognise that the safety net provided by the Housing (Homeless Persons) Act 1977 is aged, failing and unworkable for the homeless. We must get on and back this Bill.
Mike Gapes (Ilford South) (Lab/Co-op)
Last night, I attended an event organised by TELCO, the citizens’ organisation for east London. It is working to establish a community land trust. The event was hosted by the Salvation Army, which, in a few weeks’ time, will open a night shelter in my constituency. It does that every winter. Two thirds of the people who stay in that night shelter will not in any way be affected by this Bill because they have no recourse to public funds. There are many thousands of people on the streets of London who are sleeping rough and who, because they do not have EU treaty rights or for other reasons, have no recourse to public funds. That homelessness problem will continue regardless of what this Bill does.
Lyn Brown (West Ham) (Lab)
Is it not true that if we are to deal with street homelessness, which many people think we are talking about when we are discussing homelessness, it will require a lot more money to deal with the very complex needs that those people have?
Mike Gapes
Yes, I am coming on to that matter.
The hon. Member for Enfield, Southgate (Mr Burrowes) made an unfair attack on his local authority. He said that the staff were not doing their job properly. He implied that people not getting services was somehow the fault of the council and its staff. I was concerned when I read in the report of the Association of Housing Advice Services, which brings together people from local authorities all over London, that it has calculated that the extension of homelessness prevention duties to single, non-vulnerable people will lead to an additional estimated cost for all 32 London boroughs of £101,641,728. Frankly, £40 million from the Government is peanuts compared with the additional costs for London alone. In an intervention on the promoter of the Bill, I pointed out that my council, Redbridge, has said that the Bill will cost it £5 million. Redbridge is suffering a major homelessness problem. In my borough of 278,000 people, 64% of householders own their own home, only 11% live in social housing, and 25% rent privately. Systematically over the past three years, large numbers of private tenants have been evicted from their homes in Redbridge because of benefits changes and landlords pushing people out so that they can get higher rents. Every day, I am contacted by people in hotels in Bath Road, Hounslow who have been placed there by my local authority because it cannot find any accommodation in Redbridge. A few months ago, my council outbid Kent County Council for ex-Army accommodation in Canterbury. That got national publicity. It happened because people cannot be moved out of the hostels in Redbridge—they are blocked because there is nowhere else to go. We face an ongoing crisis.
This Bill, unfortunately, is a classic piece of wishful thinking. It is gesture politics of the worst kind in that it wills the ends but does not provide the means. It is about feeling good about voting for something that sounds good, having been pressed to do so by pressure groups and campaigns. The Bill should not be called the Homelessness Reduction Bill but the “Homelessness Recognition Bill”. It will not provide any additional social housing or good-quality private rented accommodation in my constituency. It will not provide any extra money for my local authority to offset the additional £5 million that it estimates will be necessary owing to the bureaucratic and staff requirements that will result from it.
I could go on at length, and I am tempted to do so after the attitude of the promoter of the Bill, who seemed to say, “Take it or leave it, and don’t amend it.” The Bill needs to be looked at very closely because it has implications in a whole range of areas leading to costs and processing issues. I will concentrate on just one or two of them. The proposal to change the definition of “homelessness” does not give us any extra temporary accommodation. We cannot deal with these problems simply by shuffling things around so that women with children are unable to get accommodation in the borough because somebody who is single and homeless has had it instead. That means, potentially, more people going out of borough. There are issues and implications to do with legal judgments about the definition of what local authorities can do when they send people out of borough. We have a major crisis in housing in London generally, and certainly in east London, and this Bill does not deal with that.
The Bill contains an entirely new duty to provide people with accommodation for a maximum period of 56 days if they have nowhere safe to stay. That is supposedly going to solve the problem, but it does not—it simply shuffles the criteria around. We have in the Bill various—
Bob Blackman
I am very tempted to allow the hon. Gentleman to continue, but I think he is looking at the original draft Bill rather than the Bill presented today. The 56 days’ emergency accommodation provision was removed at the request of the CLG Committee because of the resource requirements and because London authorities, in particular, said that it would be unworkable and cost far too much money. I trust that he will understand that it has been removed, and that probably removes his principal objection to the Bill.
Mike Gapes
I am grateful to the hon. Gentleman. I look forward to seeing the final version of the Bill after it has come out of Committee. I accept that he has made some late changes to the Bill, mainly because the CLG Committee came up with the proposals referred to by my hon. Friend the Member for Sheffield South East (Mr Betts). My principal objection to the Bill concerns the obligations and requirements on cost, which will be considerable on my borough and many other boroughs in London.
The Bill has considerable resource implications. Redbridge Council has calculated that there will be between £3.2 million and £4.3 million in additional accommodation costs, and extra staffing costs of £673,000. That is just for one borough. My local authority has faced £70 million in central Government cuts over three years. At a time when we are cutting services, restructuring and reorganising, and down to the bare bones, this could be a significant additional burden. Moreover, councils all over the country face an autumn statement that is potentially going to be not very friendly towards them.
There is, of course, an argument that we should just pass the Bill today and hope for the best. I look forward to, and will listen with great interest to, what the Minister says when he winds up. He needs to reassure me—not just me, but Labour, Conservative and Liberal Democrat councillors and rate payers all over the country—that these measures are going to be fully funded, and not just for one year, or two years, or some transitional period. He needs specifically to take account of the needs of London, where there is a massive homelessness crisis. The alcohol services, mental health services and provisions for dealing with rough sleepers who have no recourse to public funds must also be looked at, because the failure to deal with those issues properly is a blight on our society. This Bill does not address that, and that is why I am raising my concerns today.
David Mackintosh (Northampton South) (Con)
I am very pleased to be standing here today in support of, and as a sponsor of, the Homelessness Reduction Bill, as it deals with an issue that I have pushed since I was first elected here. As a new Member, I was elected to the Communities and Local Government Committee, and one of our first tasks was to outline inquiries to be looked at. My work with homelessness charities in my constituency, and my experience as a former leader of a local authority, had made it clear to me that not enough was being done to tackle homelessness, so I pushed for the Select Committee to undertake an inquiry into the issue. This was widely supported by Committee members, and the inquiry ran from December last year until July.
In March this year, with another member of the Committee, I set up the all-party group on ending homelessness. That member was of course Jo Cox, the former Member for Batley and Spen. I would like to take this opportunity to pay my own tribute to Jo. She readily agreed to help champion the issue of homelessness and to serve as vice-chairman of the APPG. Her energetic approach to problem solving and reaching out across the House has been well documented. I know that if she were still here, Jo would be in the Chamber today supporting this Bill. Jo would be pleased that the issue of homelessness has been pushed up the political agenda during the course of this Parliament. It speaks volumes that so many colleagues from across the House have given up a valuable day in their constituencies to be here in Parliament for this important Bill.
I congratulate my hon. Friend the Member for Harrow East (Bob Blackman) on promoting the Bill. I know how much work he has put into it and to secure cross-party support and, most significantly, the support of the Government.
Indeed, I am pleased that the Government have announced their support for the Bill, and I welcome the measures and additional funding that they are putting in place to tackle homelessness. That shows that the Government are taking the issue of homelessness seriously and that they are committed to supporting the most vulnerable in our society. I am especially grateful to the Under-Secretary of State for Communities and Local Government, my hon. Friend the Member for Nuneaton (Mr Jones), for his help and patience on the issue, because I have talked to him about it at length for many months.
May I also take this opportunity to thank charities and organisations from across the homelessness sector for their support throughout the process? They have provided invaluable knowledge and expertise, which has been essential to the work of the CLG Committee, the APPG on ending homelessness and, of course, the Bill. I also thank the staff at Crisis for their support and, indeed, my own office staff.
It is disturbing that in the United Kingdom in the 21st century, support for homeless people and those at risk of becoming homeless can be so inconsistent from area to area, and that so many people continue to fall through the net. That situation has existed for far too long, and it is my hope that the Bill’s provisions will not only result in positive changes to the support structures in local councils and other public bodies, but lead to a cultural change in the way in which all public bodies view homelessness and their role in its prevention.
The measures will not, of course, be an issue for local authorities that already provide support that is suitable or that goes above and beyond the call of duty, but it will be a positive step to improve standards in other authorities that have fallen behind. We have heard too many examples of local authorities that hide behind the current law and force people into hardship and circumstances that none of us would want to see.
I am sure that we have all heard shocking stories of people being forced to sleep rough before they could access help from their local council, and of instances where people have been required to make their own situation intolerably worse before they were eligible for help that, if it had been provided earlier, would have prevented them from having to sleep rough at all.
Of course, local authorities already do a huge amount to help relieve homelessness for families and vulnerable people, but that help must be extended to single homeless people. Our failure to have adequate provisions in place to help those people, who are disproportionately affected by mental health problems, is a serious anomaly, and I hope we will address it.
The factors that lead families and individuals to become homeless are, of course, numerous and complex. They include relationship breakdown, substance abuse, mental illness, lack of suitable housing and the leaving of care or the armed forces. Often the reasons are not limited to any one single factor, and the exact circumstances are unique to each case. That means of course, that those at risk are often already in touch with at least one public body, possibly more, such as social services, the NHS, their local council or a branch of the armed forces. It also means that there is significant potential for preventive intervention at an early stage.
When speaking to healthcare professionals, mental health workers, and even officers concerned with the welfare of service personnel leaving our armed forces, I repeatedly hear that, when they identify an individual as being at risk and attempt to intervene, they are often frustrated by the lack of help they receive from local housing authorities. That is generally not because there is a reluctance to help people, but because the structures they work within do not always properly support cross-agency working or allow them to support specific individuals.
Importantly, the Bill does not place an additional duty of responsibility on public bodies, but empowers them by giving them a louder voice when dealing with housing authorities. That, together with the enhanced requirements placed on local councils to help those at risk of homelessness within 56 days, means that the Bill represents a significant step forwards in the provision of more support.
Understandably, one of the main concerns about this Bill in local government circles is the additional financial burden that it will place on authorities. We heard positive news from the Government earlier this month and I look forward to hearing what the Minister will say later in this debate.
In conclusion, this Bill can make a significant difference to the lives of many vulnerable people who at present are at far greater risk of homelessness than is acceptable. It is clear that the current system is not providing adequate help to those most at risk, but the Bill’s measures can create a framework and culture in the public sector where earlier intervention, better cross-agency co-operation, consistency of support and equal help for all qualifying homeless people becomes standard. Today we have an opportunity to take a stand and to make that happen.
Ms Karen Buck (Westminster North) (Lab)
I welcome the Bill and think that it will make a real difference with regard to early intervention and prevention and to broadening the scope of assistance to those who are currently defined as non-priority—a category that often masks the real range of experience of many of the people who are seeking help for homelessness. In common with many of my Labour colleagues, I have major reservations about the capacity to deliver the proposals. I will touch on that, but I still think that it is worth supporting the Bill. I congratulate the hon. Member for Harrow East (Bob Blackman) on promoting it, Crisis on its work in support of it, and the expert panel that helped to draw it up.
A number of Members have mentioned what has happened with homelessness over the years. As a Member of Parliament in central London, and before that as a councillor, I was there when homelessness exploded in the 1990s and through the early part of the last decade. I then saw the progress made over the second half of the last decade in bringing down the rates of homelessness and rough sleeping, but the problem is worsening again. We have heard about a doubling of rough sleeping, but rough sleeping is only the tiniest tip of a huge iceberg. It is an intractable and difficult issue, but one that masks a much wider problem of homelessness.
We know that acceptances of households that are in priority need have gone up by a third in the past few years, and that 58,000 were accepted as homeless last year, but that also masks something much bigger. I am surprised that we have not heard anything this morning about the existing local authority framework for homelessness prevention and relief, which is a series of measures intended to prevent homelessness in priority groups. Last year, 220,000 households received help through prevention and relief, and more than 1 million households have received prevention and relief assistance since 2010. That gives us an idea of the sheer scale of the problem that we have to confront. It is clear that not enough is being done in the present circumstances.
I welcome the Bill because I think it will help to bring about a cultural shift and reach people who are currently not receiving assistance. Like many colleagues, I know those people as individuals, not as statistics. Anna had terminal cancer and heart failure. She was single and lived in a private rented property that the landlord was seeking to recover because of a rent shortfall. She sought help from Westminster in order to have settled and less stressful accommodation for her palliative care. She wrote that the council
“are saying that they are unable to register me”
for a council property,
“because homes are in short supply and only people with severe medical conditions or welfare problems can apply for it.”
Anna was dying. We fought for a year to get her housed and won only just in time.
Ahmed, who was 21, was thrown out of his home and then a hostel, for behavioural problems, and was stabbed through the hand while sleeping rough. He was diagnosed with psychosis, but was repeatedly turned away from the council as non-priority. I took him to a central London hostel myself, but it turned him away because his problems were too severe for it to accommodate him. That case took two years of court battles to resolve.
I first met Heidi when she was lying in bed, sick from chemotherapy for breast cancer, in a private rented flat with no facilities and two tiny children, waiting for the bailiffs to come before the council would provide her with accommodation.
There are many young people like Jamal, who was severely depressed and slept in his car because of violence in the home, which was worsened by severe overcrowding: there were six of them in a one-bedroom flat. I could not demonstrate that he was homeless, because it could not be verified that he was sleeping in his car and I could not get anybody to that part of London.
Trey was 19 years old and slept in terror in the doorway of his mother’s repossessed flat. He was too afraid to go anywhere else to sleep, but it was impossible to get anyone to verify that he was sleeping rough.
Finally—these have been just some of many examples—Michael was sleeping rough in the west end after being refused priority, and the medication that he was required to take for his condition had to be kept refrigerated. During the review of his homelessness decision, he was told, wrongly and unethically, that there was no need to accommodate him, because it was possible for a local GP surgery to store his medication.
Those are the kinds of cases that I hope the Bill will do something to resolve. Those people have complex problems but cannot get over the threshold of priority need. They need additional advice, assistance and support, not simply a list of telephone numbers to ring. I am sure that, as I have done, colleagues have sat and rung those numbers for hours on end but have been unable to get assistance. In some cases, councils do not even record applications from vulnerable families; they are turned away without an application even being taken.
Measures similar to this Bill in Wales have made a real difference. I hope that the Bill will make a comparable difference in England. In common with many of my Labour colleagues, I feel that welcome though these provisions are, they have been introduced in the context of a rapidly deteriorating situation. Only one in five private landlords in London now accepts households on housing benefit. There are fresh housing benefit cuts to come, and the Housing and Planning Act 2016 will worsen the provision of social housing in central London.
I will give the House just one tiny statistic: there were 300 people sleeping rough in Westminster every night last year on average, and housing associations in Westminster alone have sold 300 one-bedroom flats to meet the Government’s targets. Life is not quite as neat as that, but it goes to show that the problem is worsening on the one hand and the ability to respond to it is worsening on the other. The Government’s welfare and housing agenda reforms will make the situation worse.
The Bill will be equivalent to running up a down escalator, but I still think it is worth doing and I want it to be supported. As we have heard from the Chair of the Communities and Local Government Committee, there are some drafting problems, particularly in clause 1, and some things need to be tightened up as the Bill progresses, but it is a welcome Bill. Unless the Government address the underlying causes, which, in many cases, they have created or are deliberately making worse, I fear that the Bill will not bring about the transformation that we want.
Mary Robinson (Cheadle) (Con)
It is a pleasure to follow the hon. Member for Westminster North (Ms Buck), who highlighted with great passion her constituents’ complex needs, which the Bill is designed to address. It is also a pleasure to rise in support of the Bill. I begin by congratulating my hon. Friend the Member for Harrow East (Bob Blackman) on introducing this truly historic Bill. I commend him not only on his stewardship of this landmark Bill, but on the incredible campaign that he has led to bring it to this stage.
As a member of the Communities and Local Government Committee, I was pleased to take part in the prelegislative scrutiny of the Bill. Today I am pleased to join other Members in the House who not only support the Bill but who, like me, are co-sponsors. The Committee’s inquiry on homelessness shone a light on many of the issues that my hon. Friend has taken up and addressed in the Bill. I join colleagues in paying tribute to the homelessness charities across the UK—particularly Crisis UK, St Mungo’s and Shelter—which gave us their time and specialist knowledge, met me privately and advised the Select Committee on this groundbreaking legislation.
During our inquiry, we saw some incredibly brave people, who came before our Committee to speak about their experiences and share their stories of being homeless or sleeping rough. They gave powerful, personal evidence of how vital the first steps in getting help were; how the first contact with their local authority, at the front desk, can inform their future; how important that point in their story is; and how often it can determine whether they have a home or a future on the streets. I commend the work of staff in housing offices across the country, but we have heard that there is a real disparity in the quality of service received by people who need help. That disparity was explained by Mateasa, a young woman who used to be homeless and who now acts as a mystery shopper for Crisis. She told us that she was constantly surprised by the different experiences that she had when approaching local councils for assistance. She said:
“As I approached them under cover, I was an eighteen year old girl who had been kicked out of her house by her parents. Generally the stereotype around that would most probably be that it was my fault: that is the reason why I was homeless. A lot of the time I was advised to work out what my problems were with my home life. I was never asked if I was being abused by my parents or what the problem was.”
Changes proposed in clause 2 of the Bill to section 179 of the Housing Act 1995 place a duty on local housing authorities to provide advisory services that give information and advice, and that are designed to meet the needs of, among others, victims of domestic abuse, persons suffering from mental illness or impairment, and care leavers.
I welcome provisions in the Bill that make it easier for care leavers to show that they have a local connection with both the area of the local authority responsible for their welfare and the area in which they lived while they were in care, if those were different locations. That matters, because it will oblige local housing authorities to provide advisory services, or to secure the provision of information free of charge, to prevent homelessness and make people aware of their rights. We must ensure that those protections are robust enough to secure adequate safeguards for these at-risk groups.
More important for care leavers are the local connection criteria established in clause 8, under which all care leavers who are owed duties as children are deemed to have a local connection. Importantly, where the young person was looked after by a county council, they will have a local connection to any district in that county. Such stability will help to ensure that they can maintain their contacts and friendships, which can be so important to their wellbeing.
I would like to draw attention to the plight of vulnerable women and girls. St Mungo’s reports that 44% of its female clients have experienced domestic violence, 19% experienced abuse as a child and 32% said that domestic violence contributed to their homelessness. The changes to section 179 of the 1995 Act will mean that housing authorities have to provide or secure a service that gives women and girls who are in such dreadful situations protection from homelessness when it is most needed.
The same applies to individuals suffering from a mental illness or impairment. Research published in February this year found that four in 10 people who sleep rough have a mental health problem, and that they are more likely to be stuck sleeping rough for longer than a year. That is a major problem that the Bill seeks to address. Clearly, early intervention and prevention have the potential to make a positive impact on the lives of such vulnerable people.
That is why I welcome the core principles of the Bill. It introduces requirements for local housing authorities to carry out prevention work, with the formulation of a personalised plan. Ultimately, the legislation will need broad co-operation to bring about a cultural change whereby we focus efforts on prevention instead of intervention at crisis point. As I have said, the fact that there are disparities in service quality came across strongly from the evidence given to the Committee. I am pleased that the Bill will help to ensure that people know what their rights are and how they ought to be treated, and that girls such as Mateasa who turn to their local authorities for help are treated with kindness and respect, and given the advice that they need to prevent them becoming homeless.
It is a privilege to serve on a Select Committee that has taken such an active role in not only inquiring and reporting on such an important issue, but scrutinising and supporting the Bill. I am pleased to stand in the Chamber with so many Members of this House who share the common goal of reducing homelessness. I believe that the Bill will go some way to achieving that aim.
Helen Hayes (Dulwich and West Norwood) (Lab)
As a sponsor of this vital Bill, I am proud to support it. It is the first major reform of homelessness legislation for 40 years, and it is an opportunity to make a fundamental difference to the lives of thousands of people in England. I thank Members on both sides of the House who have taken time away from their constituencies to support the Bill. We are engaged in a very special process, which I hope will lead to genuine reform.
I pay tribute to the hon. Member for Harrow East (Bob Blackman) for choosing to progress this private Member’s Bill, and for his commitment to it. He heard the same evidence as the other members of the Communities and Local Government Committee, and it is entirely to his credit that, as a member of the governing party, he chose not to turn a blind eye and defend the status quo, but to champion vigorously the need for change. I pay tribute to my hon. Friend the Member for Sheffield South East (Mr Betts), who, as Chair of the Committee, led the inquiry. I also pay tribute to the Committee Clerks and specialists, whose work contributed to an inquiry that was innovative and rigorous, and that was directly and extensively informed by the experience of those who are, or have been, homeless, and those who seek to support them.
Finally, I pay tribute to Crisis, Shelter, St Mungo’s and Homeless Link for the work they do every day to support growing numbers of homeless people, and for the research and evidence that they have provided to underpin this Bill. I mention Crisis in particular, whose mystery shopper research and No One Turned Away campaign helped to expose the inadequacies of the current homelessness legislation.
As a relatively new Opposition Back Bencher, I have found Select Committee work rewarding because it is evidence-based scrutiny. The evidence on homelessness is incontrovertible. Homelessness is increasing, and the current system is not fit for purpose and cannot cope.
This Bill takes that scrutiny a stage further and provides the opportunity to change the law based on the evidence we have received. The prelegislative scrutiny by the Select Committee has strengthened the Bill and allowed the views and concerns of a wide range of stakeholders in this legislation, including councils—my hon. Friend the Member for Ilford South (Mike Gapes) raised many of those concerns—to be listened to and understood, and it has enabled the Bill to address some of these concerns. It is a better Bill as a consequence.
It is fitting that we are debating this Bill almost 50 years to the day since the first broadcast of “Cathy Come Home”, which exposed the harsh cruelties of the post-war housing crisis; that coincided with the launch of Shelter and eventually led to the passage of the Housing (Homeless Persons) Act 1977. That Act created the statutory duty to house people in priority need and to advise those who do not meet the criteria.
The need for this Bill can be summed up by the experience of my constituent, Ros. She is a 69-year-old widow who lived in a privately rented flat for many years. Served with a section 21 notice out of the blue, she was unable to find anywhere else affordable to rent in the local area, and approached her local council for help. Ros came to see me, and I wrote to the council in support of her claim that she was being made homeless through no fault of her own. To my horror and to Ros’s great distress, the current law determined that her age alone did not make her vulnerable, and that the council did not have any duty to house her. She waited for the bailiffs to arrive and then approached the council again. The council gave her a list of organisations that she could call who might be able to provide accommodation. All of them required a referral from the council if Ros was to access the accommodation.
The council acted entirely within the current legislative framework, and in the face of crippling demand on its resources, it had no other choice. Ros spent several months sofa surfing, in great anxiety and uncertainty, before moving into sheltered housing, where I am pleased to say she is now settled. Ros’s situation left me deeply uncomfortable. Her homelessness was absolutely no fault of her own. She could have been my mother or my aunt. In the same circumstances, I would have expected help to be available for one of my relatives, yet there was no obligation to help, which seems too harsh. If the council had a prevention duty, Ros could have been helped before the bailiffs arrived. The sheltered housing, for which she was eligible in any event, might have been found earlier, and her transition could have been managed without the level of anxiety she suffered.
Helen Hayes
I am afraid that I am not taking interventions because so many other Members want to contribute.
The housing crisis in the UK is unprecedented since the post-war period. Over the past five years, there has been a significant increase in the number of people experiencing homelessness. The number of people sleeping rough has doubled since 2010, the number of people accepted by councils as being owed the main homelessness duty increased by 26% between 2009-10 and 2014-15, and the number of people receiving prevention and relief support was up by 33% in the same period. The ending of a private tenancy is now the single biggest cause of new homelessness applications.
The majority of single homeless applicants are not covered by the current homelessness legislation; for them, councils need to provide only basic advice and information. However, there is little detail in the current legislation on how that should be provided, and there is no minimum quality for the information provided. In 2014, Crisis’s mystery shopper exercise found that in 50 of 87 cases, people received inadequate or insufficient help.
Many councils provide a very good service, and I pay tribute to the councils I represent, including Southwark Council, which has recently been recognised as a trailblazer for its prevention work. However, the variability between, and sometimes within, councils is not acceptable. Our Select Committee inquiry heard evidence from several witnesses who had been homeless, including Daisy-May Hudson, who has made a powerful film called “Half Way” about her family’s experience of homelessness. The evidence showed that far too many people feel that when they approach their council for help, they end up feeling like an inconvenience, judged for their circumstances and stripped of their dignity.
There is a strong rationale for a system based on priority need, but in the context of a housing crisis, having priority need as the only criterion means that too many people go unsupported, with harsh consequences. The Homelessness Reduction Bill seeks to ensure that help and support for homeless people is established on a fairer footing, and that the focus of councils’ work on homelessness shifts to prevention. Prevention is important because the costs of homelessness are so high. Recent Crisis research has shown that failing to tackle homelessness early costs the taxpayer between £3,000 and £18,000 for every person in the first year alone. The Government have estimated that the annual gross cost of homelessness to the state is up to £1 billion. Much of that cost is borne by councils through the scandalous costs of nightly-rate temporary accommodation. Ensuring that everything that can be done to maintain someone in their own home is done, or helping people to manage a transition to another stable home, should reduce local authority costs.
The Bill introduces a new prevention duty and a new duty to provide an applicant with 56 days’ help to find alternative suitable accommodation. It broadens the range of people who will be helped, and it makes the help more meaningful. Of course, additional obligations cannot simply be passed on to councils without the resources to fulfil them. I am pleased that the Government support the Bill, but the Bill introduces new burdens on local authorities. The Government must therefore make good on their support by granting local authorities the resources to deliver these new obligations. It is important that we see an announcement in the autumn statement that gives local authorities comfort on this point. We need to be absolutely clear that councils will be funded to meet the new duties.
Finally, we cannot debate the law as it affects homeless people without mentioning the wider housing crisis. We will not solve the scandal of homelessness by creating a new legal framework if the Government’s wider housing policy continues to contribute directly to making the crisis worse. Although I welcome the cross-party commitment to this principled reform of homelessness legislation, I call on the Government: to change their approach to housing more widely; to fund the building of the council homes we urgently need; to stop the forced sale of precious council homes; to reform the private rented sector to give more security of tenure; and to reform the benefits system so that people do not become homeless because the local housing allowance cap on housing benefit does not come close to covering their rent.
In the face of the evidence I have seen in my constituency and in the Select Committee inquiry, we cannot wait for all these measures to be in place before we reform homelessness legislation; the Government must back up their commitment to this legislation with resources. I urge colleagues to support this principled reform, which has the capacity to make support for homeless people fairer and more meaningful, and to enable far more people to be helped when they most need it.
Richard Benyon (Newbury) (Con)
I will try to live up to that, Mr Deputy Speaker. I refer hon. Members to my entry in the Register of Members’ Financial Interests.
The hon. Member for Dulwich and West Norwood (Helen Hayes) made an outstanding speech. She and her fellow members of the Select Committee should feel proud of what they have done to support my hon. Friend the Member for Harrow East (Bob Blackman) in getting the Bill this far. Homeless cases are some of the most troubling we see in our surgeries because they bring with them many overlapping aspects of human misery. We are assisted in our work as Members of Parliament by fantastic organisations in our constituencies, of which I will list two: Loose Ends—to call it a soup kitchen would not go near the level of support it gives to homeless people—and Two Saints, a hostel. I commend the words of the right hon. Member for Oxford East (Mr Smith), and I say to the Minister that it would be a shame if the Government’s great work to support this Bill were undermined in any way by local authorities being unable to continue funding contracts for hostels across the country. I also pay tribute to Citizens Advice for preventing many people from becoming homeless in the first place.
I commend my hon. Friend for how he has guided this Bill. He said that primary legislation is not always the best way to address such problems, but his introduction of the Bill in a cross-party way, with pre-legislative scrutiny, is exemplary. Most concerns raised by local government have been addressed, and I look forward to hearing what the Minister has to say about that.
The concept of new duties meaning new money is excellent, but I draw hon. Members’ attention to what happened in the Health and Social Care Act 2012. As this Bill progresses through both Houses, I encourage my hon. Friends, despite the excellent Minister here today, to put on the record what “new money” means. I have a recurring problem in my constituency with the funding of a new burden under the 2012 Act, which I hope the Under-Secretary of State for Health, my hon. Friend the Member for Warrington South (David Mowat) is about to resolve.
Hon. Members on both sides of the House have been absolutely right to raise the perverse incentives that currently mean that local authorities, however compassionate councillors and staff are, have to play a game of brinkmanship with someone facing a potential crisis in their life. If the Bill goes a long way to addressing that, the fullness of time will show that the concerns raised by the hon. Member for Ilford South (Mike Gapes) about a glass-half-empty approach will not be realised.
At the moment, a perverse pressure is put on the private rented sector not to make housing available to people on housing benefit and other vulnerable tenants. I speak with some experience on this, in regard both to the situation in London and to providing affordable housing in rural areas. There are small tweaks the Government can make that would go a long way to addressing some of the problems people face in the housing crisis that has been referred to.
I hope the Bill will blur the divide between providers, whether local government, national Government through policy creation, charitable sector agencies, such as mental health agencies, and the police. I commend my hon. Friend the Member for Harrow East for putting a specific list in clause 2, which details a proposed substitute section 179 of the Housing Act 1996. Proposed new section 179(2) states:
“The service must be designed to meet the needs of persons in the authority’s district, including, in particular…care leavers…former members of the regular armed forces…victims of domestic abuse”.
I will not list the rest because there is not time, but it also mentions “persons released from prison”. In my local homeless forum—this is going back a few years, so I hope things have got better—I heard of people leaving prison and going back to the community where they had offended. Their benefits did not come through on time, so they sofa surfed, possibly with someone with whom they had offended in the past, and we can write the script after that. I hope that the work done on the Bill by my hon. Friend and the Committee will help to resolve that.
I conclude by echoing the praise for Crisis, which is a wonderful organisation, and mentioning a couple more. The Depaul Nightstop UK service provides free, safe, secure emergency accommodation for single young people, predominantly aged between 16 and 25. The homes are vetted and have trained volunteer hosts. That is an extraordinary service which we could roll out across our constituencies. A web-based solution could deal with many of the problems that have been raised. I mention finally the Centre for Social Justice, which I am honoured to be involved with, along with one of our former colleagues in this place, Brooks Newmark. It is doing very interesting work, building on success in places such as the United States and Finland, talking about early intervention and whether the current legislation is fit for purpose—I hope to an extent that that is being addressed today—and, beyond legislation, building on best practice.
Let us be able to say that, on our watch, collectively across the House, we have tackled what is one of the most shaming—to use my hon. Friend’s word—features of modern society. Let the huddled figure in the doorway and the hidden figure in the myriad other forms of homelessness described so eloquently be addressed; with the Bill and with the actions of a Government who really want to take forward social reform, we will be able to do so.
Stephen Timms (East Ham) (Lab)
I arrived early in the Palace of Westminster this morning. In the tunnel between the tube station and the entrance I passed four people asleep on the floor. I do not think that I have ever been past quite as many as that before; there are often people sleeping there but the fact that there were four was a very visible reminder of the growing scale of the problem that we are rightly discussing.
Next Tuesday, the NEWway homelessness night shelter in my constituency will open its doors for the fourth year. Some 14 churches, led by Bonny Downs Baptist church, which stared the initiative, will each provide shelter and a meal for up to 15 single adults for one night each per week; seven churches will do so for three months, and then another seven for the following three months, so from November to March there will be places and meals available for 15 adults every night of the week. Last year, NEWway night shelter obtained the quality mark from Housing Justice, which supports church-based homelessness initiatives around the country. Housing Justice estimates that 500 churches, church halls, synagogues and mosques opened up to provide overnight shelter last winter. I imagine a larger number will be doing so this winter.
NEWway has provided accommodation for 225 people in total in the past three years. It has been able to help about a third of those people to secure long-term housing. The co-ordinator, Jonathan Adams—he used to design racing cars for a living—has done a fantastic job. Caritas Anchor House in Canning Town, of which my hon. Friend the Member for West Ham (Lyn Brown) and I are patrons, supports more than 200 single homeless adults at any one time, and provides employment support and rehabilitation for them as well. Both those organisations have been among those lobbying us to support the Bill that the hon. Member for Harrow East (Bob Blackman) has introduced this morning. Anchor House developed a very impressive online application, the Global Noticeboard, to support homeless people, housing providers and others. It hopes, believes and is confident that, in widespread use, that would significantly shorten the accommodation delays currently experienced and endured by homeless people.
These are wonderful initiatives, and, as is so often the case, faith groups are on the frontline of meeting need, but they argue, rightly, that they should not be having to deal with the scale of the homelessness crisis that we are facing today. I warmly commend the hon. Gentleman for bringing forward the Bill, and also commend the organisations that he has been working with. I welcome the work of the Welsh Assembly Government, also, who came up with the ideas that have given us the blueprint for this.
Susan Elan Jones
As a Member of Parliament from Wales, I must say that I think the legislation in Wales has been absolutely transformative on this. Does my right hon. Friend agree that the need to share best practice between both Governments is pivotal?
Stephen Timms
I absolutely agree with my hon. Friend. This House should extend its thanks to the Welsh Assembly Government for those ideas, which have brought about change there and will, I hope, do so in England as well.
I want to press the Minister to set out some information—it has been hinted that he will do so—about what resources there will be to enable the new burdens in the Bill to be discharged. We have heard some quite large estimates of the additional costs. The East London Housing Partnership currently estimates that implementing the Bill in east London will cost local councils £18 million in the first year. Now, that is a good deal less than it was estimating a month or so ago, as a result of the changes that the hon. Member for Harrow East talked about, which were made in response to the Communities and Local Government Committee, but it is nevertheless a substantial cost, and we need reassurance that such costs will be met, or at least some figures that indicate what the Government believe the costs will be.
I very much welcome the fact that local councils will be taking on these new responsibilities. There is the potential to transform the service, as we have heard, and I very much welcome the fact that the Government are supporting the Bill, but they also need to shoulder their responsibility and confirm—I hope very soon—what additional funding they will provide to enable local councils to play their part.
We heard that some London councils were saying that the Bill was unworkable. I think almost certainly that that view would have been expressed before the changes were agreed. I do not think that that is the view of councils in north London or elsewhere, but we need assurances on the resources provided by the Government to enable local councils to take forward these welcome additional responsibilities.
Mr David Nuttall (Bury North) (Con)
I refer hon. Members to my entry in the Register of Members’ Financial Interests.
I congratulate my hon. Friend the Member for Harrow East (Bob Blackman) on the way he has piloted the Bill through its initial stages and prepared it for Second Reading. He worked with outside agencies and ensured pre-legislative scrutiny by the relevant Select Committee, of which he is a member. That scrutiny has resulted in a better Bill. With 18 pages and 13 clauses, this ain’t no ordinary private Member’s Bill. He has secured the support of outside agencies, with a public campaign and the lobbying of Parliament. I pay tribute to those from The Housing Link in my area who came down for that. That work has paid off this morning.
No one can be in any doubt that homelessness is a real problem. The Department for Communities and Local Government’s rough sleeping statistics for England estimate that the number of people sleeping rough has increased from 1,768 in 2010 to 3,569 in 2015. In my own local authority area of Bury, the figures have varied from a peak of 10 in 2013 to a rather doubtful zero in 2014, and to nine last year.
Of course, no legislation of itself will solve the problem of homelessness. Many people volunteer, and many people work in charities, the third sector and local authority housing departments, striving day and night to help those who find themselves either homeless or under threat of being made homeless. For example, my own church of St Anne’s in Tottington regularly collects for, and provides help to, the Booth Centre in Manchester. I place on record my thanks to them all for their work.
I support the proposal to ensure that single people who are homeless or facing homelessness are not discriminated against simply because they are single and do not fall into one of the priority groups. It must make sense to extend the time period during which help can be offered. The old adage that prevention is better than cure is no truer than when it comes to homelessness.
One of the underlying causes of homelessness is, of course, the supply of homes. It is therefore incumbent on all social housing providers to keep their voids to a minimum. The other side of the equation, however, is something we have not really heard about this morning: demand and the effect that immigration is having on the supply of housing. A net figure of 300,000 people coming into the country every year, all of whom need a home somewhere, must be having an effect on the number of homes required. It must be having an effect on homelessness. It must also be having an effect on rents. Nevertheless, I support the Bill.
Emma Reynolds (Wolverhampton North East) (Lab)
I congratulate the hon. Member for Harrow East (Bob Blackman) on bringing forward the Bill and the manner in which he has done so. He has fostered cross-party working and pre-legislative scrutiny from the Communities and Local Government Committee, on which he sits. Given the time restrictions and the interest in speaking in the debate, I will try to be brief. I want to make three points.
First, homelessness is an issue that is close to my heart. Some 34 years ago, my mother and I found ourselves in that situation. As a single parent, my mum applied to the local council for a council home. Fortunately for us, we were able to stay with friends of hers while we waited for a flat to become available. We were then lucky enough to secure a council property.
I do not remember that experience, but my mum does and I know that she experienced the warmth, sanctity and relief that moving into a council property brought to our small family. We were lucky. In the 1980s, local councils could quite easily give people in our situation that sort of help and support. Frankly, it was a lot cheaper than what would happen now, three decades later. We would have been put into emergency accommodation or the private rented sector, where we might not have been able to afford the rent. I welcome the shift the Bill is trying to engender, from cure to prevention.
I welcome the fact that the Government are supporting this legislation, but they are pursuing wider policies that go against the grain of the progress that the Bill is trying to make. For example, my right hon. Friend the Member for Wentworth and Dearne (John Healey) has already asked the Government to rethink, and I agree, the idea of forcing councils to sell off council homes to fund the introduction of right to buy for housing association homes, which will result in fewer and fewer council homes being made available. Since the 1980s, we have lost 1.6 million council properties, the majority of which have not been replaced.
A second example is watering down section 106 agreements and replacing affordability requirements for starter homes. I think we should help people to get on the housing ladder, but, as many of my hon. Friends have said, some people will simply not be able to afford to buy and will have to rent. Thirdly, the Government need to reflect more widely on the cuts to local councils, both broadly and particularly in the area of public health. We know that within the complex web of reasons for homelessness, addiction is one driver and councils are increasingly finding it difficult to provide the support.
My second main point is that since the Government came to power in 2010, after the progress made during our 13 years in power before that, the number of rough sleepers has unfortunately doubled—the hon. Member for Harrow East was honest about that—and homelessness is increasing, yet that is not happening in either Scotland or Wales. A few moments ago, my right hon. Friend the Member for East Ham (Stephen Timms) was urging the Government—I echo his remarks—to learn from the experience in Wales.
In his opening speech, the hon. Member for Harrow East said that new duties must bring new money. He is absolutely right—and that is what has happened in Wales. It has introduced very similar provisions, ensuring that single homeless people get the support they need as well, while also introducing a specific pot of money. In this financial year, for example, local authorities in Wales were given £4.9 million. As a result of backing up legislative reform with money, we can see how to make a real impact on people’s lives by reducing the number of people who find themselves homeless.
Wes Streeting (Ilford North) (Lab)
In the London Borough of Redbridge, the cost of temporary accommodation has risen by £5 million in the last two years, and my council estimates that some of the welcome measures in the Bill might place an additional burden of an extra £5 million. I thus strongly support my hon. Friend’s point—that the new duties are welcome, but they must be properly funded.
Emma Reynolds
Following on from my hon. Friend’s point, we all know from our own local council areas that homelessness is a problem, but I have to say that in London the scale of the problem is of a totally different magnitude. When we think about this Bill, we have to make sure that London councils get the resources they need. If they do not, Wolverhampton Council, Birmingham Council, Sheffield Council and other councils around the country will also be affected. When people are made homeless, they are often forced out of borough to places where housing is cheaper. I am not a London-centric MP—I am from the west midlands—but we need to pay specific attention to London. I am not being purely selfish about this, but when there is a problem for London, it then becomes a problem for other parts of the country. I hope that the Minister will reflect on that when he deals with the money resolution for the Bill.
That was to be my third and final point, but let me add that councils need extra resources. Many of them are already trying to do preventive work, although, as we heard from the hon. Member for Harrow East, that is not the case in every part of the country, and we need to engender the cultural shift to which he referred. Budgetary pressures on the good councils are preventing them from doing more. Each year, through a range of interventions, Wolverhampton Council prevents about 1,500 households from becoming homeless, and it tells me that homelessness is rising, but it is receiving no extra money to help it to tackle that rise.
Any extra money that we give to councils must include resources that will enable them to do something about the private rented sector. As we heard earlier from the Chairman of the Select Committee, my hon. Friend the Member for Sheffield South East (Mr Betts), 40% of homeless people find themselves homeless owing to eviction from privately rented accommodation. When I was shadow Housing Minister, we had an ambitious programme to improve the regulation of the private rented sector. I know that Wolverhampton Council would like more power to regulate the private sector and support good landlords, while ensuring that those whose properties are in poor condition are forced out of the market.
I support the Bill, but if the paper on which these measures are written is to mean anything, it must be backed up by resources.
Several hon. Members rose—
Mr Deputy Speaker (Mr Lindsay Hoyle)
Order. If Members continue to speak at such length, I shall not be able to fit everyone in, and the Bill is too serious for that. I want to ensure that every Member has a fair chance.
Michelle Donelan (Chippenham) (Con)
We take our homes for granted as a basic given, but imagine not having a home, or having a home that is threatened. I cannot imagine that, and I cannot imagine the inner strength that people need in order to keep going when doors shut and systems work against them, as though they were designed to prevent people from having a roof over their heads rather than to provide one. That is why I support the Bill.
I entered politics to create opportunities and offer chances, and in that context no Bill is more fitting than this one. It epitomises what we, as politicians, should be doing: helping and supporting the most vulnerable in our society. Homelessness can happen to anyone, as I know from my constituency. None of us has a special immunity to it. Being homeless is not a choice, but a collision of several issues at one time that affect people in all walks of life. Today, however, we do have a choice: a choice to support those who need our help.
I congratulate my hon. Friend the Member for Harrow East (Bob Blackman), who has worked tirelessly to produce a Bill that will transform lives in my constituency, his constituency and the country. It contains many common-sense measures that are intended to prevent homelessness from the off, and to address the fact that some of our current processes exacerbate the situation. In Wiltshire, we have a double-whammy disadvantage. Homelessness in the county is often hidden: the official figure is very low, but the real one is considerably higher, which means that local charities struggle to bid for grants and initiatives. Prevention is key, and we can rest assured that many measures in the Bill will prevent homelessness, including the extension of the period for which an applicant is threatened with it from 28 days to 56.
I am especially pleased to note the duty to give vulnerable homeless people the support that they need. Under the relief duty, there will be better support for those with wider needs through partnership working with bodies such as the NHS. That might have helped some of my constituents. One constituent who came to see me told me that his house had burned down, and he had subsequently suffered post-traumatic stress. He was trying to look after his family, but was told that he could not move into a different property because he would make himself intentionally homeless if he did so. Another constituent, who suffers from severe mental health issues, needed to live where there were open spaces. He was offered an urban property, refused it, and was then told that he had no other options. Looking at things in the round and working with bodies such as the NHS might have helped those constituents. These are real people with real lives. They need our support, and they need their circumstances always to be reviewed in context. That is achievable through partnership working.
One of the most significant aspects of the Bill is that, despite retaining the protections under priority need, it will open up more support for other vulnerable homeless people and help them to secure accommodation. The relief duty means that all who need help will receive it. It sounds simple, but the system is currently arbitrary, and people often do not get the help that they need because councils’ hands are tied. Currently, it is hit and miss whether people get the help they need and whether they are deemed “priority need” or not. That is simply not good enough.
Doorway is an exceptional and inspirational charity in my constituency. Its chief executive has said that the Bill has the potential to significantly improve the system and local lives. It will free up more time for the charity to offer support to people, because it will not be fighting for those who are viewed as just vulnerable and not priority need.
Expanding the support that people receive beyond priority need will ensure that rough sleepers have a better chance of getting accommodation before they develop drug and alcohol conditions, since most newly homeless people do not have complex needs of that nature. That will stop the system exacerbating such problems. Currently, we wait for people to become worse, which reduces their chances, increases the costs in the long run and makes it difficult to place them.
Critics of the Bill have suggested that it will not fix the problem of homelessness because the root cause is a lack of affordable homes. Although more housing does need to be built—and we are addressing that—this criticism fails to recognise the flaws in our current homelessness legislation. This Bill will help to prevent homelessness.
The Bill will help young people in particular by ensuring that young people who leave care have a “local connection” to the local authority that was providing their care, and will therefore be housed locally. I recently visited the w home in Chippenham, where I discussed with young people the impact of being housed locally, and that impact is astonishing.
This is an historic opportunity to improve the system to address homelessness. The Bill will increase the support for vulnerable homeless people in Wiltshire and make the hit-and-miss approach that depends on whether someone is deemed “priority need” or not a thing of the past. It will create a universal approach and introduce a universal standard. Ironic as the term may be, it will remove the postcode lottery service that homeless people receive in the UK.
Liz Kendall (Leicester West) (Lab)
I, like many other Members, welcome and support the Bill, which will enshrine in legislation the principle that prevention is better than cure. That principle should drive reform across our public services, whether in the NHS, early years or reducing crime and reoffending, because prevention gets better results for people and better value for taxpayers’ money.
I will talk briefly about what is happening in my city and the excellent work that Leicester City Council is doing to prevent people becoming homeless. It is a huge, uphill task. We currently have 11,200 households on our housing register. That has gone up 18% over the last year. Like many other areas, we have also seen a big rise in the number of rough sleepers. The number of families in Leicester who are seeking help because they are at risk of homelessness has gone up 25% in the last 12 months to just over 1,200 a year, and the number of single people and couples without children seeking help because they are at risk of being homeless is up by a staggering 39%.
As many hon. Members have said, there are many and complex reasons why people are at risk of being homeless. Many people are fleeing domestic violence or there may be a family or relationship breakdown, but the council tells me that the main reason for the recent increase in my city is people being evicted from the private rented sector. I have seen many such cases in my constituency. That happens either because they cannot afford to pay the huge increases in rent or because the landlord decides to sell. I echo the comments of my hon. Friend the Member for Sheffield South East (Mr Betts), who said that one reason why many landlords are selling up is that housing allowance has been frozen since 2014 and is not keeping up with market rents.
Despite the huge increases in demand and the challenges my city council faces, the number of people who end up being placed in temporary accommodation has remained roughly stable over the last two years at about 1,000 a year. That is because of all the hard work the council is doing on prevention. It helps people to solve their housing benefit problems and deal with rent arrears; it offers debt advice and legal advocacy for people in the private rented sector; and it offers a mediation and conciliation service if there has been a breakdown in the relationship with friends or family. We are also working very hard with other agencies to tackle the problem of people facing repeat homelessness, working in particular with the NHS.
But there is a cost to providing this help and advice, and I am concerned that the huge cuts to local council budgets could put this work at risk, which would make no sense because preventing homelessness is so much better for the families involved—for the children, who can stay in a safe and secure home and do their homework, and for the parents, who can go to work. It also saves money for the council and for the NHS, because we know that homelessness increases mental and physical health problems. So the Government must fund the provisions in this Bill, and I welcome the fact that the hon. Member for Harrow East (Bob Blackman) recognises this must be part of a much wider strategy to deal with the appalling lack of housing in this country, and especially the need for more affordable and social housing.
I have one point in particular for the Minister: please drop the proposal to include supported housing in the local housing cap. This would have a devastating impact on precisely the sort of services, like hostels, that my constituents need if they do eventually end up homeless. But overall this is an important step forward. Prevention is better than cure, so I welcome and support the Bill.
James Berry (Kingston and Surbiton) (Con)
May I begin by extending my congratulations to my hon. Friend the Member for Harrow East (Bob Blackman) on using his place on the ballot to introduce a Bill on such an important subject? I am delighted it has achieved Government support. I also want to place on record my thanks to Crisis and St Mungo’s, which have worked so hard to put this Bill together. I know a little about Crisis because my mother volunteered with Crisis at one of its London centres over Christmas last year, an experience she would thoroughly recommend to hon. Members.
I have had a huge number of letters and emails from constituents asking me to attend this debate. The one letter which particularly stood out to me came from my constituent Nathan May, aged 12, who explained to me how he had been helping with a number of local homelessness outreach projects through his church. He told me that he had seen homeless people sleeping rough in all weathers and was upset that they had nowhere to go in the cold and the wet. He could not understand how this could be possible in Britain in 2016 and urged me to do something. Well, Nathan, I hope that, with all my colleagues here today, we are doing something with the passage of this Bill—not ending the problem, but taking an important first step on the road to ending the misery of homelessness that either causes or contributes to so many other social problems from family breakdown, to mental illness, to alcohol and substance use, to children being unable to fulfil their potential because they do not have a stable home environment.
I want to speak a little about homelessness in Kingston. When people think of Kingston, they probably think of a leafy borough next to Richmond; I believe that is what Lord Prescott said when he stood at the Dispatch Box in 1998 and changed the funding for places like Kingston in a very negative way. But such opinions come from looking at the average prosperity in my borough, which masks some areas of real social deprivation with all the problems any urban constituency has, including homelessness.
The type of homelessness that I am most often contacted about is street homelessness: people who are either sleeping rough, or begging on the streets, or street-drinking during the day. This is something that we should not be seeing anywhere in 21st century Britain, but it is only a very small proportion of the overall homelessness problem in Kingston. It is a problem I am determined to tackle in my time as an MP, and I am aware that my right hon. Friend the Member for Tatton (Mr Osborne) announced a sizeable homelessness fund in his last Budget. I ask my hon. Friend the Minister today to update the House on how that fund might be accessed for projects like wet shelters for people with drink and drug problems in places like Kingston, so they can be built and put into operation, because many of my constituents are clear that one person sleeping rough is one person too many.
But in terms of scale, the far bigger problem is what we might call technical homelessness, which this Bill addresses. I have completed over 5,000 pieces of constituency casework since I was elected, and over 40% of them relate to housing or homelessness. Typically, a family are living in a flat in the private rental sector. The landlord seeks to increase the rent beyond what they can afford or, more commonly, serves them with an eviction notice because he wants to renovate or sell the property. The family want to stay in the area, perhaps because they work there or their children go to school there, but they cannot afford anything else in the private rental market so they become unintentionally homeless and are owed a duty by the local authority.
The next step is temporary accommodation, but unfortunately for many families in Kingston, that accommodation could be in Ealing, Hounslow or Croydon. That means that their children have to be transported to and from school, often involving a two-hour round trip each day. Others have an equally long trip to reach their job, and this is very disruptive. I find these cases particularly sad to deal with because even if I tell the family that I will write to the head of housing for them, I know what the answer will be. I will be told that they will just have to wait because there are 173 other households that have been in exactly the same situation even longer. The council will tell me that it wants to help, but it has no more temporary accommodation in Kingston.
The housing waiting list in Kingston stands at over 9,000, and some people have been on it for more than a decade. The straightforward answer might be to build more homes, but even before we take into account the high land values in Kingston, we have to ask ourselves where we are going to find the space for 9,000 units. The Conservative council in Kingston is currently working on a plan, with funding from the last Mayor of London, to rebuild and increase the density of the Cambridge Road estate, but even if that and other projects take place, it will not solve the problem. That is because house prices, and therefore rents, in Kingston are rising sharply, and more and more people are going to find that they cannot afford to pay their rent. I am therefore pleased that the Minister for Housing and Planning, my hon. Friend the Member for Croydon Central (Gavin Barwell), who no doubt has similar problems in his own area, is realigning the focus of his Department from buying to renting. I am also pleased that the Bill includes a number of robust measures that will help to solve the problem. I want to touch briefly on the matter of funding. It would be remiss of me not to say that my borough’s head of housing, Darren Welsh—a man not prone to exaggeration—welcomes the duties set out in the Bill but estimates that without additional funding there will be a shortfall in Kingston of around £500,000 per year.
In conclusion, I want to thank all the excellent charities in Kingston that do so much to combat homelessness. Without them, we would be nowhere. They include the YMCA, the South West London Law Centres, Kingston Churches Action Against Homelessness, the Joel Project at St Peter’s church, and Kingston Churches Together, which provides winter night shelters. I am genuinely grateful, as are all Kingston residents, to those organisations and to the volunteers who support them day in, day out. I thank them for all the work they do. That work will be supported by the Government, through this Bill. I thank the Government for supporting the Bill, and I thank all the hon. Members who have come to the House to support it today.
Alison Thewliss (Glasgow Central) (SNP)
I should like to thank the hon. Member for Harrow East (Bob Blackman) for bringing this important private Member’s Bill to the House and for the work that he has done with Crisis, St Mungo’s and others. I am also grateful for his generosity in allowing me to put my name to the Bill as a member of the Communities and Local Government Committee. Judging by last Friday’s shenanigans, this might be the only opportunity for a Scottish National party Member to get their name on a Bill during this Parliament, so I am grateful for that.
We have heard a lot about the evidence from Wales and elsewhere, and I want to mention some of the work that has been done in Scotland over the past 10 years or so. We decided to abolish priority need and worked with local councils to make that happen. It has had a positive effect on the levels of homelessness in Scotland, in contrast to the rising figures in England. From 2014-15 to 2015-16, homelessness applications in Scotland decreased by 4% and homelessness assessments decreased by 5%. Overall, from 2008 to 2016, there has been a 40% reduction in homelessness applications and a 41% reduction in homelessness assessments. Those are significant figures, particularly when we consider the rises in England. There is a real contrast between what is happening here and what we are doing in Scotland.
The evidence that the Select Committee heard in its recent inquiry was shocking and compelling. The impact of homelessness and the lack of a safe roof over your head can be absolutely devastating. As a former local government councillor in Glasgow, I know how many organisations and their staff are working hard every single day to try to prevent people from becoming homeless in the first place and ensure that they are helped at that point of need.
There are still too many people sleeping homeless on the streets of Glasgow. Despite initiatives such as the Night Shelter, more needs to be done. We currently have homelessness rights hubs, which are a partnership between the council, Govan Law Centre, Glasgow City Mission and The Marie Trust. Importantly, of the people who have engaged with the hubs, 90% have been accommodated and more than 250 have seen an increased income. For homeless Scots who find themselves in London, as some do—I spoke to one such young man a few weeks ago—there are organisations such as ScotCare and Borderline, which work hard to ensure that people in London who have come from Scotland are looked after.
The Bill contains significant improvements to English homelessness legislation. I am particularly glad to see the stress put on prevention and relief duties, as well the strengthening of duties on advice and information. I hope that the Government’s stated support for the Bill will extend to fully funding such initiatives. Will the Minister confirm whether there would be Barnett consequentials to such funding? We could use the money well in Scotland.
I wish to touch briefly on some of the issues that must still be addressed before homelessness can truly be seen to be reduced. The Bill makes a valuable and worthy contribution to the debate, and builds on the evidence from Wales, but we still need action on one of the fundamental causes of homelessness: the lack of affordable housing. The hon. Member for Harrow East acknowledged that we need to increase supply, which is important.
In Scotland, we have been able to deal with the change to the duty on priority need because we are building affordable homes. Between 2011 and 2016, we have built 33,490 affordable homes, including many for social rent, and in the years up to 2021 we hope to build 50,000 more houses, both for sale and for social rent. We have abolished the right to buy, which means that those new houses are kept within local authorities’ pools, where they are available to people. Private lets are just too expensive for so many people, and that is driving homelessness.
In its submission on the Bill, Shelter said that
“the mismatch between the theory and practice of homelessness law will only deepen if this legislative change is not accompanied by significant changes to councils’ availability of suitable accommodation—if this is not addressed, we will be setting this Bill up to fail”.
I am sure that no one present wants to see that.
The Chair of the Select Committee, the hon. Member for Sheffield South East (Mr Betts), mentioned the evidence given by young people who had experienced homelessness. All three of the young people who bravely and forthrightly gave evidence to the Select Committee—Mateasa Grant, Daisy-May Hudson and Ross Symonds—said that the priority should be to build more council housing and make private lets more affordable. The Government have not done nearly enough to regulate private lets, which are so expensive and are the real burden on the benefits budget.
We need to look at the structural drivers of homelessness, which relate to the end of a tenancy and the affordability of social and private rents. As Scotland has done very successfully, we must look again at the right to buy. Shelter is stressing its effect in high-value areas, which are a real pinch point for housing need. I call for the end to the cap on housing benefit at local housing allowance rates—another thing that Shelter has asked the Government to look at. This morning, Mary Taylor, the head of the Scottish Federation of Housing Associations, said that the LHA cap has the potential to be even more significant for housing than the bedroom tax.
Will the Government learn from what the Scottish Government are doing? Many Members have mentioned the impact of homelessness on young people, which is exacerbated by the policy to remove housing benefit completely for 18 to 21-year-olds. The Scottish Government are reversing that policy, because we have the option to do so. I call on the Government in Westminster to do that as well, because it is clear that young people are being unfairly left out and disproportionately affected.
Like other Members, I call on the Government to ensure that supported accommodation continues to be available and does not lose out from the proposals on the LHA cap.
The hon. Member for Rochester and Strood (Kelly Tolhurst) mentioned Emmaus, which I also visited last week. A lot of these organisations, including ARCH in my constituency and Blue Triangle, which works with young people, are making an intervention that can prevent people from becoming homeless. Again, they can get people back on their feet and will ensure that they work for them as long as is necessary, and that will end that cycle of homelessness.
We need to look at services for women, particularly those who are coming out of prison and those facing domestic violence. Our Committee heard evidence that women are putting themselves at risk to avoid being on the streets—sharing accommodation with people or getting into relationships where it is unsafe for them to do so. We need to consider that very carefully. The hon. Member for Ilford South (Mike Gapes) mentioned Home Office policy and forced destitution, and we also need to consider that, because many of the people sleeping rough on the streets have nowhere else to go, because they have no access to public funds. That is a real danger for them and they are reliant on volunteers from organisations such as Positive Action in Housing in Glasgow. I shall finish there, merely adding that the Bill is a great start but a lot more needs to be done and considered by the Government.
Will Quince (Colchester) (Con)
It is a pleasure to follow the hon. Member for Glasgow Central (Alison Thewliss), who has provided us with a Scottish perspective. I rise to support the Bill and congratulate my hon. Friend the Member for Harrow East (Bob Blackman). I also pay tribute, as others have done, to the Communities and Local Government Committee for its support and prelegislative scrutiny work, and to the Government for supporting the Bill.
I am passionate about tackling homelessness and serve as an officer of the all-party group on ending homelessness. I could not let this debate go past without paying tribute to the amazing charities in the UK, particularly those in my constituency: Beacon House; the Colchester emergency night shelter; the churches that run soup kitchens every evening of the year and pop-up shelters in winter; YMCA; and Emmaus.
I am conscious that many Members wish to speak, so in the interests of brevity I wish to focus on just one area of the Bill. I have long had concerns about how our local authorities define “homelessness” and those making themselves “intentionally homeless”. I have concerns that local authorities are not tacking homelessness at the earliest possible point. Without question, I wish to see a greater emphasis on prevention, and this Bill certainly shifts the emphasis. I suspect that all hon. Members here have seen the briefing sent out by the Local Government Association, which says:
“Councils want to end homelessness and are already doing everything they can within existing resources to prevent and tackle it.”
With the greatest respect, I would very much question that.
As was said by my hon. Friend the Member for Hertford and Stortford (Mr Prisk), who is no longer in his place, some local authorities take their responsibilities incredibly seriously but, sadly, others simply do not. I have raised concerns that Colchester Borough Council is routinely telling those seeking help to stay in their properties until the bailiffs evict them. The council has failed to address the need for temporary accommodation. Despite it having been run by the same people for eight years, and it having run a surplus of £200,000 last year and running a surplus again this year, it is still sending people to temporary accommodation 20 miles away, in Ipswich. That is not acceptable.
I wish to give hon. Members an example of a family who had done all the right things but struggled to pay their rent in the private rented sector. They had gone to the council for help because they were falling into arrears. Their landlord served on them a section 21 notice, and the council then advised them to stay in that property until the point at which they were evicted; otherwise, they would make themselves “voluntarily homeless”, and would lose all rights to support. I thought, “That cannot possibly be right. How could we possibly advise people to put themselves in an adverse position?” I therefore wrote to the Under-Secretary of State for Communities and Local Government, my hon. Friend the Member for Nuneaton (Mr Jones), and I hope you will forgive me, Madam Deputy Speaker, for reading out his reply. He said:
“We have been extremely clear that authorities should take every opportunity to prevent homelessness wherever they can, that they should not insist that tenants wait until bailiffs arrive before they help. This is poor practice and as you so rightly point out leads to other problems further down the line.
The Housing Minister wrote to all local authorities in February on this issue. He made clear that to operate in this way contravenes statutory guidance and that local authorities should not be placing households in this position. The letter also made clear that it is no longer reasonable for a household to remain in a property once a valid section 21 eviction notice expires and that leaving under these circumstances does not make them intentionally homeless.”
Why is this terrible advice still being given, when vulnerable people are relying on it? Why are people still coming to my constituency surgeries week after week saying that councils are giving them this terrible advice?
As a former property solicitor, I can say that had I given such adverse advice to my clients, I would have considered myself to be negligent, yet our councils are giving out that advice on a weekly basis. It is bad and potentially unlawful and it must stop. It pushes families into crisis, and it comes with huge social cost. Families are being told that they have to wait until a bailiff evicts them. They are seeing their children forced out of their homes when they did the right thing in approaching the council at the earliest available opportunity to seek help. It leads to considerable debt and potential county court judgments, which means that, even in the future, when the council says, “Sorry, we don’t have any social housing available, but we’d like you to go to the private rented sector,” the families will not find a landlord to take them. Who will take them when they have a CCJ against their name, and no references other than one saying, “They sat in our property and didn’t pay their rent”—and that was on the advice of the council?
These families have no savings and no deposit for future rental properties. Moreover, what does it say to private sector landlords in our constituencies when the council tells their tenants to stay in properties and wait until they are evicted? Landlords face the costs of tenants not paying rent. Let us not forget that landlords often have mortgages, too. They are losing out on money, and, more importantly, they have bailiff fees, court fees, and all sorts of other costs to pay. There is reputational damage.
Dr Rosena Allin-Khan (Tooting) (Lab)
In my first 100 days as an MP, I have heard from one family every four days that they are facing homelessness and eviction, but are deemed to be not vulnerable enough. In the past week, I have been emailed by 300 Tooting constituents who are alarmed by this problem. They are asking me how a family is not vulnerable enough when they are having to resort to sleeping on the streets. I thank the hon. Gentleman for raising these points. We have all heard in this Chamber today that the issue needs to be addressed, and I am thankful that that is happening.
Will Quince
The hon. Lady makes a powerful point. Every Member in this Chamber will have had such an experience, which is exactly why it is so important that this Bill enters the statute book. Ironically, all those negative social costs and the adverse advice being given to our constituents come with a financial cost. It costs the council more to wait three to six months, because it has to put the family into temporary accommodation. It cannot get them into private sector rented accommodation because of the CCJs against them; no landlord will take those families. By acting at the point at which the family rightly comes to ask for help, the council would save money. Councils up and down the country that act like Colchester Borough Council are acting negligently. They are giving terrible advice that is against Government guidance and, I think, unlawful.
In the interests of time, I will conclude. I fully support this Bill, particularly because the definition of homelessness applies to households served with a notice seeking possession. Really importantly, the Bill contains strengthened advice and information, and a personalised plan, which means that every single family that comes forward has to be assessed and looked after on an individual basis. I urge all colleagues to support this Bill.
Lyn Brown (West Ham) (Lab)
I am delighted to speak today, but I will not stand here and pretend that this Bill will solve the homelessness crisis, because it will not. It will not build a single new home; it will not place more properties in the social sector; and it will not reduce the crippling rents that my constituents face.
My constituency of West Ham is in the London borough of Newham, and we, like other London boroughs, are bearing the brunt of this housing crisis. An average family in Newham looking for a home cannot think about buying one, because the average house price is £352, 272, which is simply out of reach of all but a few. The majority seeking a home want to enter social housing, with its affordable rents and more secure tenancies—let us face it, families in private accommodation often have to move yearly—but there is a waiting list of 16,755 households. As a result, many families have no choice but to look at homes in the private rental sector. If they were affordable, that would not be so bad, but they simply are not.
According to the Valuation Office Agency, the current median rent for a three-bedroom property in the private sector in Newham is £1,600 per month. Detailed research from the council shows that the median household income in the borough, after tax and benefits, is £18,604, or £1,550 a month. That is right: the average private sector rent in our borough is higher than the average after-tax income. It is truly a disastrous situation.
With such an acute housing crisis, it is no wonder that Newham Council has to deal with a huge amount of cases in which residents are threatened with homelessness. In 2015-16, the council received 2,488 homelessness applications, whereas Ribble Valley Borough Council in Lancashire received just seven. Newham’s rate of homelessness acceptance—that is, the proportion of households that it accepts as homeless—is almost five times higher than the English average. That is striking. The council faces an unenviable task, with a huge workload and shrinking resources.
In Newham, we have great charities such as Caritas Anchor House, which provides temporary accommodation and support for our homeless community, who are trying to get off the street and stay off the street. This year, it supported 37 residents into full-time employment and 84 residents into independent living. It is not just a shelter; it is a source of community support with high-quality professionals. It provides hope for those who desperately need it.
Seema Malhotra (Feltham and Heston) (Lab/Co-op)
My hon. Friend is making a very powerful speech. My borough of Hounslow is also suffering in similar ways, with thousands on the waiting list and people becoming homeless. I have been struck by the fact that when I go to schools and ask about under-achievement, the issue of housing repeatedly comes up. Children’s uncertainty about where they are living and will live has an impact on their levels of attainment, as well as their wellbeing. Does she agree that this is a completely false economy, with a long-term impact on our prosperity?
Lyn Brown
I certainly do agree. I often say that I was privileged to live in a council flat in east London, and that provided me with the security to learn and do as well as I could. My little sister, who is no longer little—well, she is little, but no longer young—is doing well as a solicitor, and I am standing in this House. We could not have done that without the security of a council property behind us.
This week, I met some of the people living in Anchor House, and I was really impressed by their resilience and aspiration. One woman entered Anchor House soon after being evicted following a mental breakdown and hospitalisation. She was on the streets for some time, but found her way to the charity. She is now training to be a youth worker and wants to take a degree to help her career. I met a man who decided that living on the streets was better than living at home, because that was the only way that he could free himself from the company of family who were encouraging him to take drugs. He is now clean and training to be a tunneller. These people were excited by this Bill, because they thought that it would prevent people from finding themselves in the same situation as them. It is because of their hope that I support it.
If the Government are not to destroy the faith of those people, two things need to be done. First, the duties on councils must come with up-front, realistic costs. There was a 26.5% increase in households assessed for homelessness in the first year after new homelessness duties were introduced by the Welsh Government. The Welsh Government anticipated that, and thankfully funding was provided to deal with it. We can expect even greater increases in our workload in London, where the housing crisis is that much more acute. In fact, boroughs such as Newham will have to process an additional 7,581 applications a year as a result of clause 3, and that must come with proper resources.
The Government must provide sufficient funds for the Bill’s money resolution, but they must be based on the needs of those local authorities that will have to deal with the extra workload. It is no good giving extra money to areas that, frankly, do not have such needs or concerns about the workload, and less money to those of us who do. The Government should not pass the buck without the bucks.
The Government also have to acknowledge that changing council duties is only one small component in the fight to reduce homelessness. More homes need to be made available in every sector, and more services and support, such as those provided by Caritas Anchor House, are needed to deal with the complex needs of those who have been driven to street homelessness. The Bill could be a step in the right direction, but only if it has appropriate Government support.
Several hon. Members rose—
Madam Deputy Speaker (Mrs Eleanor Laing)
Order. Before I call anyone else to speak, it surely must be obvious that this Bill has support from all around the House. There is very little disagreement and argument going on among Members. Therefore, I must urge Members to speak for fewer than five minutes. If everyone who has indicated to me that they wish to speak, and who has just stood wishing to speak, speaks for as long as the average speech so far, the Bill will not receive its Second Reading, because it will be talked out. The point is to raise your issues in the House, not to keep repeating what everyone else has said, thereby putting the Bill in danger. I implore Members to think not of their own press releases or the pieces of paper that they have in their hands, but of the point of getting the Bill through. I implore Members to think about other people as well as themselves.
Richard Graham (Gloucester) (Con)
I shall do my best to comply with your urgent call, Madam Deputy Speaker.
I had not intended to be here on what is usually a constituency day. I had not intended to speak and I was not convinced that the Bill would deliver what my hon. Friend the Member for Harrow East (Bob Blackman) intended, but I have changed my mind and I will explain why.
Every MP can relate to the points made by my hon. Friend earlier, especially the one about people who are about to be made homeless being told, “Come back when the bailiffs arrive.” I remember the first time a constituent raised that experience with me. I challenged my local council about it, and a housing officer explained that the law did not allow her to do what she might want to do, and that, even if it did, the council could not afford it.
I do not recognise the description a Labour Member gave earlier—I think that the phrase came from Crisis—of council housing teams being dismissive and discriminatory. My experience is different from that and from the experience of my hon. Friend the Member for Colchester (Will Quince). One of the things that has come out of this debate is individual Members’ different experiences of their local councils.
The members of the housing team at Gloucester City Council are among the hardest working and most patient civil servants I know. They deal with angry, tearful and frustrated individuals who sometimes—I stress sometimes—have impossible expectations, and they juggle a waiting list that will take years to resolve. As my hon. Friend the Member for Harrow East has said, it is other changes by the Department that will alter the supply of housing, not this Bill. He is absolutely right to say, however, that waiting for the bailiffs to arrive is not remotely the way to prevent homelessness. His aim to change that through the Bill is a good cause, and I join others in congratulating him on doing something about it.
I was worried that the Bill would load considerable additional responsibilities on our councils. Individual pathways for every potential homeless individual or family will need significant additional resources, and I had real concerns—some of which the hon. Member for Ilford South (Mike Gapes) raised with great indignation—that, without Government backing, the Bill would add responsibilities without providing the resources to deliver them. As the hon. Member for West Ham (Lyn Brown) said, that would pass the buck without the bucks.
Government support for the Bill changes that. We do not know yet what that support will amount to—my hon. Friend the Minister will enlighten us—but the provision of additional resources to actually make this Bill happen is key. This will make a real difference to all the faith groups and agencies in Gloucester that work so hard to help the homeless. I am talking about the Gloucester City Mission, in particular, and all those beside them in the George Whitefield Centre making a real difference.
I want to raise two or three issues that I hope might be taken forward in the Bill Committee. The emergency accommodation available in small cities such as Gloucester is often needed by people from outlying rural areas who are in trouble, and that has an impact on our ability to look after everyone who needs help. The local connection provision in the Bill, not least for those who are leaving care, needs to be looked at carefully. Local connection is currently undefined, and I encourage my hon. Friend the Member for Harrow East to establish a minimum term of one year.
Likewise, the duty to refer from other Government bodies needs more than a note saying: “Please give the bloke in the sleeping bag outside McDonalds a home.” I have seen similar notes. The situations behind them are often complex, and the individuals involved do not always come from Gloucester or from anywhere very close to us. I hope that that issue will be tackled.
When the Bill is passed, expectations will be raised immediately, and it will take time for the changes to happen. May I urge my hon. Friend to consider transitional funding, time and training for a starting period? May I also encourage him to look at the housing provider’s duty and ensure that co-operation from them is more effective? Perhaps the LGA can help with that. Those are details, but that is where the devil often lurks.
Let me end by saying that the Bill is an important one, and that the complex underlying issues will need to be resolved. I welcome what my hon. Friend is doing, and I look forward to hearing the Government’s support for the Bill.
Simon Danczuk (Rochdale) (Ind)
I thank the hon. Member for Harrow East (Bob Blackman) for bringing forward this important Bill and raising awareness of homelessness across the country over the last few months. For a number of years I sat with him on the Communities and Local Government Committee. I know that he has taken this issue seriously, and he has gained considerable knowledge of it. His experience as a councillor and council leader gives him a good understanding of homelessness and the challenges that it poses for communities. He has brought that knowledge to this debate, and we should all reflect on it.
Like the hon. Gentleman, before entering Parliament I spent a lot of time focusing on homelessness as a social researcher and working at the Big Issue in the North for two years. During that time, I worked with charities and local authorities, and I saw what worked and what did not work. Some local authorities went the extra mile to support homeless people, while others failed to do so. I hope that the Bill will encourage and enable all local authorities to raise standards across the board.
In my constituency, I have seen at first hand the good work that local people are doing to combat homelessness. I am pleased that Rochdale Council has made preventing homelessness a priority, and I commend the great work done by charities, which Petrus does on a daily basis in Rochdale.
Nick Smith (Blaenau Gwent) (Lab)
Does my hon. Friend agree that additional funding must be made available to help councils to support the good intentions in the Bill?
Simon Danczuk
Absolutely. The point has been made that the measures have to be resourced, and I am sure that the Minister will address that when he speaks.
In the borough of Rochdale, Petrus provides a drop-in support service for vulnerable people who are experiencing homelessness, and people who are at risk of homelessness and marginalisation. The advice and support that the charity gives its users is vital. However, with rough sleeping on the rise, politicians at a national level must also act immediately to help to prevent homelessness. This Bill will ensure that fewer individuals slip through the safety net. It will ensure that they receive the support that they need before it is too late.
There is no doubt that more must be done to tackle the causes of homelessness, but the Bill is a step in the right direction and it is imperative that we all support it.
Wendy Morton (Aldridge-Brownhills) (Con)
I shall endeavour to follow the brevity of the hon. Member for Rochdale (Simon Danczuk). At the risk of repeating others, I congratulate my hon. Friend the Member for Harrow East (Bob Blackman) on introducing this essential Bill. This is the most significant legislation on homelessness since the Housing Act 1996, and I am pleased that the Government are joining me in supporting it.
I am abandoning all my notes, probably much to the disappointment of the researchers in my office, but I will make a couple of points. Before becoming an MP I visited a couple of organisations for the homeless. One was called the Cyrenians but is now known as Changing Lives—Members from the north-east will know that organisation—and the other is St George’s Crypt, which my hon. Friend the Member for Shipley (Philip Davies) mentioned earlier. Those remarkable organisations are doing terrific work, and visiting them was a wonderful opportunity to learn a little more about the issues around homelessness and the need for the extra support and advice that those organisations provide. This Bill will go a long way towards addressing some of the issues that those two organisations, and others like them across the country, seek to address.
My husband spent 12 years serving in the Royal Navy, and we often hear statistics about the high proportion of ex-forces people who find themselves homeless. A lot of work has gone into reducing that number, and charities such as the Royal British Legion, the Salvation Army and others are doing tremendous work on that issue. I am pleased to hear references to the armed forces covenant, which is another area where we must continue to seek further improvements.
I will wrap up having spoken for just over two minutes—I hope that others will follow my example—by saying that I welcome this Bill. I look forward to following its progress through Committee and the other place as it hopefully becomes law.
Colleen Fletcher (Coventry North East) (Lab)
I support this Bill, and I will set out the reasons why over the next couple of minutes. It is shameful that the national trend in homelessness is upwards, and has been so for the past six years. That is true in my area of Coventry, where the number of households accepted as statutorily homeless has increased year on year, with the city’s rate of statutory homelessness above both the regional and national averages.
We know that people can become homeless for a variety of complex and overlapping reasons. In Coventry, the most common reason for homelessness is the ending of a tenancy in the private rented sector, which has increased significantly over the past five years and now accounts for 34% of statutorily homeless households in the city. The next most common reason is family or friends no longer being willing or able to accommodate a person, and after that it is the breakdown of a relationship.
Although existing homelessness legislation offers much needed support to the extremely vulnerable, its limited scope and restrictive nature means there are still too many people who receive little, if any, meaningful help from local authorities. This is particularly true for the single homeless or those who are found to have made themselves intentionally homeless. For those groups current legislation neither prevents them from losing their homes nor acts as a safety net to protect them.
The Bill seeks to address those limitations and to modernise current legislation. Together, the provisions in the Bill will ensure the introduction of stronger and more robust statutory prevention and relief duties, as well as extending the reach of those duties to include people who would currently be refused help because they are not considered a priority. That is an extremely welcome step in the right direction and will make a positive difference in the fight to address the scourge of homelessness.
With any such extension of legal duties on local government comes new costs and requirements, which must, in turn, be accompanied by the extension of adequate funding and appropriate powers from central Government. It is imperative that the necessary means be provided to enable local authorities to implement the new duties successfully.
I have never been homeless. I have always had a safe and secure home, which is fundamental for everybody’s wellbeing, but I know only too well some of the factors that may cause a person to end up on the downward spiral towards homelessness. We have heard many such examples today.
This Bill forms only part of the wider solution needed to end homelessness. If the country is to have an effective and sustainable housing policy, we must adopt an overarching strategy that combines these legislative changes with structural housing, welfare and employment reforms that not only ensure an increase in the supply of affordable homes but address the ever-increasing gap between household incomes and rents.
Mrs Flick Drummond (Portsmouth South) (Con)
It is a pleasure to speak in support of the Bill, and I congratulate my hon. Friend the Member for Harrow East (Bob Blackman) on bringing it forward. I thank Crisis for giving us so many updates.
Although I welcome the Bill, it is important to recognise the work our local authorities already do to help the homeless. Portsmouth City Council deserves praise for the way it works with the homeless across the whole spectrum. The number of families in temporary accommodation has fallen. The council’s housing options team already assigns a caseworker for each family at risk, but as other Members have mentioned—in particular, my hon. Friend the Member for Colchester (Will Quince)—our concern is that people have to go all the way to the point of eviction before an authority can help them.
Last week I saw three examples of people in that situation at my constituency surgery. One was a serving member of the armed forces. I therefore welcome clause 1, which redefines homelessness and gives protection to those at risk at an earlier stage than is currently the case under the 1996 Act. Replacing the current 28-day period with a 56-day period will give more reassurance to those in difficulty, and more time for preparing a plan of action. I hope that that will be of help to the people I have been seeing in my surgery, and in particular people affected who are in the armed forces; it is a disgrace that someone in the armed forces had to come to my surgery because he does not have somewhere to go when he leaves the forces next month.
I am also pleased that clause 2 reinforces the duty to provide advisory services, but it is not only the local authority that can provide advice; there are plenty of charities in the sector, such as the Roberts Centre in Portsmouth, which provides a tenancy support service. Last year the centre helped 86 families, and I am pleased that it is funded by the Government’s supporting people service.
Finally, as others have mentioned, clause 8 gives greater protection to care leavers, but I would like it to go further. I believe the state should be taking a parental role by looking after care leavers until the age of 25. Many parents, myself included, have children in their 20s who are still living at home. The state ought to do the same for care leavers. Care leavers should also be supported to move outside their local area if seeking work or educational opportunities. Those vulnerable young people need support wherever they go and live. I hope that will be taken into account in Committee. We know that they face many risks, and we can do something to reduce one of those risks with the Bill.
The charity Crisis estimates that reducing homelessness could free up £370 million a year of public spending. We also know from the Welsh experience that early action can prevent homelessness. I am therefore really pleased that the Bill enjoys support from all parties, and hope we can send a unanimous message from this House that we are all backing it today.
Tulip Siddiq (Hampstead and Kilburn) (Lab)
I thank the hon. Member for Harrow East (Bob Blackman) for bringing this important Bill forward to the House; I also thank my hon. Friend the Member for Dulwich and West Norwood (Helen Hayes) for all her work in generating and fostering cross-party support for the Bill.
The hon. Member for Harrow East has already mentioned the staggering figures for people sleeping rough in London The 8,096 people whom we have failed and who are sleeping out on the streets of London should make us hang our heads in shame. The figures for my constituency of Hampstead and Kilburn are not much better. The DCLG statistics show that the number of people sleeping rough on the streets in the Camden side of my constituency has increased by one third in the past five years; in Brent, in just one year and one borough, we have dealt with 55 homeless people looking desperately for somewhere to live. My hon. Friend the Member for Westminster North (Ms Buck) has already outlined the very complex needs of some of our constituents trying to find houses.
The number of deaths of homeless people that have happened in my constituency recently is really tragic. I will give one particular example. After a bitter night, Steven Percival, a man who used to sell The Big Issue on the streets of Camden, was found dead on the steps of a NatWest branch. He was always smiling, and was trying to make ends meet, but in the end he died. It is not just that theirs are lives of hardship; the truth is that, for a lot of homeless people, there is no dignity in dying.
Putting aside the people who are homeless for one second, I also welcome the Bill’s inclusion of a duty to protect those at the risk of homelessness. There is an attempt to bring in personalised plans for those threatened with homelessness. In the Brent side of my borough, there are currently 700 people waiting to be housed in temporary accommodation because they cannot afford the soaring rents in the private rented sector. Brent already has the highest number of families in temporary accommodation, which makes us realise that they could be added to the overall homelessness figures. Again, these are statistics that should make us hang our heads in shame.
I am pleased that the Government support the Bill, but it is not enough to just pay lip service. There are a few conditions that need to be met before we can accept that the Government are fully behind these measures. First, they must allocate sufficient funds for the measures to be implemented—a point that has been made over and over again. Secondly, they must stop selling off council homes. Thirdly, they must regulate the private rented sector, eliminating revenge evictions and rogue landlords. Fourthly, and perhaps most importantly, they must build more houses.
I will end on this note. I used to be a local councillor and I worked with excellent council officers. The worst thing we can do when someone comes to us and says, “I don’t have a bed to sleep in, I don’t have a roof over my head,” is to turn them away on a cold, bitter night. It is not a lack of will on the part of local authorities; it is a lack of resources.
Madam Deputy Speaker (Mrs Eleanor Laing)
Before I call the hon. Member for South Suffolk (James Cartlidge), I must congratulate the last few speakers who have been very brief and to the point. We can relax a little now. Five to six minutes is fine, but no more than that. The trouble is that if I say five minutes, those five minutes will become seven, so I am still saying five. Those who have taken two or three minutes should take the brownie points.
James Cartlidge (South Suffolk) (Con)
You gave us the four-minute warning earlier, Madam Deputy Speaker, and I will stick to that. There are many points I would like to make, but I will focus on just one as it is important that we proceed to the key moment of letting the Bill, which I support in principle, go forward to the next stage. I draw the attention of the House to my entry in the Register of Members’ Financial Interests.
I want to focus on how the measures in the Bill will be paid for. Like many hon. Members, I have the concern that while the Bill is very fine in principle, there is a danger of passing it into law and finding that our local authorities do not have the resources to implement the duties it puts on them. I am sure the Minister will tell us that he has put his hand down the back of the sofa in Marsham Street and come up with the money we need to support this—I hope he does—but I would like to suggest one way we might consider paying for the measures in the Bill.
This is about intervention in the housing market. We should remember that the Government already intervene in the UK housing market to the tune of many billions of pounds. We should consider ring-fencing some of the profits from the Help to Buy scheme. At the moment, the Government’s stake in residential property from all equity loans, going right back to those under new Labour such as HomeBuy Direct and First Buy, is £4 billion. That cash is not sitting there available for us to spend. However, it is being redeemed at an increasingly fast rate.
Last year, redemptions on equity loans—money to the Exchequer—amounted to £183 million. From a social point of view, when somebody redeems an equity loan from a scheme such as Help to Buy, they will do so because they have benefited from Government money to get on the property ladder. At that point, they will have either sold the property or re-mortgaged it and become a fully fledged 100% property owner—a part of the property-owning democracy to which we all aspire. It would be a very powerful signal if, at that point, we were to share some of their success with the people at the sharp end. That would be a more holistic housing policy.
We could still repay the Government debt and Government interest. In the time that the £4 billion has accrued, house price inflation has, since 2013 alone, been 23.3%. Even if 10% of that was profit, that is still £400 million, or £150 million a year for the rest of the Parliament. That is my main point. I hope the Minister will at least give consideration to having a joined-up housing policy, so that schemes such as Help to Buy in effect become a social impact bond. The whole of society will benefit from this way of robustly funding the commitments in the Bill, and councils will not be left out of pocket.
Gill Furniss (Sheffield, Brightside and Hillsborough) (Lab)
I congratulate the hon. Member for Harrow East (Bob Blackman) on all the hard work he has done on the Bill, and on approaching the issue in an inclusive cross-party way. However strongly I feel that his party in government has a lot to answer for when it comes to homelessness, I know that none of that attaches to him personally. I am glad to see that such a worthy cause has such an effective champion.
I also congratulate the members of the Communities and Local Government Committee on dedicating their time to the Bill—by questioning the Minister on the draft Bill and going through it with a fine-toothed comb, they have put some real weight behind it. I sincerely hope that the Bill will provide an example of how Back Benchers can make a real change when they go about their business in the right way.
Homelessness is one of the insidious problems that any civilised country has to deal with. As politicians of whatever party, we all talk about changing the country for the better and improving people’s life chances. We may disagree about how to build our prosperity, but we should surely all agree that when someone has no stable roof over their head or, worse, is sleeping on the street, all our rhetoric will count for nothing. Every family facing eviction with no place to go and every rough sleeper represents our collective failure to do better as a society.
I do not accept for a moment that homelessness is “just one of those things”—a problem that will always be with us, so we should just accept it. Government can do something about it, if there is a will. We should just look at what happened when Labour was last in office. We set up the rough sleepers unit within the Cabinet Office; and we increased the funding for homelessness services through the supporting people programme and the hostels capital improvement programme. The Homelessness Act 2002 extended councils’ legal duty to provide stable accommodation to 16 and 17-year- olds, care leavers, ex-servicemen and women, those leaving prison and the victims of domestic violence. By requiring local authorities to put together homelessness strategies and by encouraging early intervention, the focus began to shift towards prevention.
With the stock of affordable housing dwindling, private rentals have been the key means by which those not classed as a homelessness priority seek to put a roof over their own heads, but rising demand has seen private rents soar over the last six years by an average of £2,000 extra a year by comparison with 2010. Local housing rates rarely reflect the reality of rising rents, leaving those on low incomes in a precarious position. Six years ago, only 14% of homelessness cases accepted by councils were due to the end of the shorthold tenancy; now that figure is 30%—far and away the most common reason why households find themselves facing homelessness. Put simply, people on low incomes are being priced out of the market—a situation made worse by landlords’ reluctance to rent to people on housing benefit. Last year, a survey of local authorities that were at the sharp end of this problem found that two thirds of them linked rising homelessness to welfare cuts, and three quarters expect the roll-out of universal credit to push even more into homelessness.
I am glad that the Government have delayed this travesty over the tenancies of supported housing, now to include homeless shelters and women’s refuges, and that they have agreed support for short-term accommodation. Surely, however, the Minister can see that this cut will only increase homelessness. I urge him to look at this issue again and make sure that permanent funding is in place—and not just until 2019.
Concerns have been raised about the strain that the extra duties of the Bill will place on councils, and I share those concerns. Having been a councillor in Sheffield for more than 17 years, I am well aware of the strain put on local authorities by Tory austerity cuts. If the changes brought about by the Bill are to have any impact, they must be fully funded. If anyone is still in doubt, I simply point to the example set for us by the Labour Government in Wales, who have had very similar legislation in effect since April last year. After a year, 45% of homeless households were found secure accommodation for at least six months, and two thirds of households assessed as threatened with homelessness had that prevented for at least six months. There has also been a significant drop in the number of households in temporary accommodation.
However, the Welsh Government have not stopped there. They are funding affordable housing, both to rent and to buy; they are protecting the Supporting People programme; and, unlike the Government here at Westminster, they are not forcing local authorities to sell vacant homes to the highest bidder. In other words, they are serious about tackling both homelessness and its underlying causes.
I welcome the Minister’s support for the Bill, but I urge him, too, not to stop there. I urge him to see the Bill not merely as a sticking plaster, but as a starting point for a better housing strategy. Let us provide support for those who find themselves homeless, let us assist those who have the threat of homelessness hanging over them, but let us also work to remove that threat from so many of our constituents who have been let down by six years of failed housing policy.
Kevin Foster (Torbay) (Con)
It is a pleasure to follow the hon. Member for Sheffield, Brightside and Hillsborough (Gill Furniss). I share her support for the Bill, but I could not help noticing one or two specific points that she made. There was, for example, her talk of local government funding. My memory goes back reasonably well over the last two years, and I am reminded of what the current “Strictly Come Dancing” star and former shadow Chancellor Ed Balls said about the extra funding that Labour would make available to local government. It was a round figure, to say the least, and it was not the figure 10.
It has been interesting to hear some of the comments that have been made today, but I want to return to the welcome and genuine cross-party spirit that produced the Bill. As a constituent pointed out to me on Twitter a few moments ago, we need to be clear about the fact that homelessness is not always visible. It is not just about people sleeping rough on the streets. Indeed, most homelessness is not about someone sleeping in a shop doorway, although that may be the most visible manifestation of it, and obviously the most concerning. Much of it involves people who are not in appropriate accommodation, such as families who are living in houses that are too small for them and their needs, or people who are sofa surfing. Some people do not have a home of their own, and would be out on the street but for a kindly family member or friend who says, “Here is the sofa”—or the floor—“and you can at least be somewhere warm and dry.” That, however, is not much of a step up from being out on the street.
Wendy Morton
Could not those sofa surfers, and others who are not actually visible to us when we walk around our constituencies or around London, be described as “the hidden homeless”? Does that phrase not encapsulate their situation?
Kevin Foster
Absolutely. They are indeed the hidden homeless. Similarly, although people in temporary bed-and-breakfast accommodation—which is also mentioned in the Bill—are not actually out on the street sleeping rough, no one could call a B and B a home. It is not an appropriate place in which to live. I remember one of the occasions on which I opposed my own party locally, a few years ago. There was a debate in Torbay about the future funding of the local hostel for the homeless, and I made it very clear that I could not support an alternative that involved the use of some of Torbay’s B and Bs. While they are fine for a week’s holiday, they are certainly not places in which people should be housed other than in the most extreme circumstances.
I must pay tribute to some of the organisations in my constituency that are doing so much work to help those who are either homeless or at risk of homelessness. Anode, which is based in an old monastery in Paignton, provides goods such as cheap furniture to help people to get back into housing. Those who have been homeless, especially those who have been sleeping rough, do not have furniture, and are unlikely to have the means to pop down to a local shop and buy some. The Leonard Stocks Centre in Factory Row is the hostel that I mentioned a moment ago. Along with the charity Shekinah, which assists with its management, it works to ensure not just that people have homes to go to, but that rough sleepers can be given a basic breakfast and have their clothes sorted out. It has a rough sleeper outreach worker who is a former rough sleeper himself, and on many occasions he has been able to give people the confidence that they need.
I often make the point that no one chooses to sleep on the streets. Some people may feel, owing to mental health conditions or other issues that have arisen in their lives, that that is the only choice that they can make, but it is never an active choice.
Of course, it is always worth mentioning the Salvation Army and its citadel in the centre of Torquay, which does so much to support people and families who have been homeless or who are at risk of homelessness.
For those who are wondering, I have no intention of attempting to talk the Bill out, but I will make a few more points on why it is such important legislation. As a number of people have said, the current criteria date from 1977 and were amended in 1996. It is clear that they need to be updated. Only last week in my surgery, I found myself advising a family who had been issued with a notice of eviction by their landlord that they would be rehoused, but that they would probably have to wait until a week or two before the bailiffs are due to throw them out.
On that front, I am pleased that the National Landlords Association supports the Bill because landlords are put in an invidious position. They know that someone probably will be rehoused, but they have to get to the point of almost sending the bailiffs round for that to happen, rather than prevention work being done. That is why it is important that the emphasis in the law changes from dealing with people who will be on the streets imminently or who are on the streets, which is a particular issue in London, to working before that point to prevent people becoming homeless.
Mike Wood
Was my hon. Friend as startled as I was to discover that in the last quarter, nearly 5,000 people were judged to be homeless but not a priority case? Does he welcome the changes in the Bill to address those extremely vulnerable people who are not covered by the existing legislative framework?
Kevin Foster
I could not have put it better myself. The excellent briefing note prepared by the House of Commons Library talks of the fear that a bit of “gatekeeping” is going on when people approach local authorities. It is hard to see how 5,000 people can be defined as homeless but not a priority. The changes proposed in the Bill are therefore very welcome.
It is also welcome that, as was mentioned earlier, the armed forces will remain a priority. Those who have put their lives on the line for this country should know that there will be a home fit for a hero awaiting them when they leave the forces. There are sometimes issues with locality, and I accept that there are unique issues if someone is looking to return to certain parts of London after their service. However, it is part of the duty we owe to servicemen and women who have put their life on the line that they know there will be a home fit for them and their family.
I welcome the debate we have had on the Bill today, and I welcome all the clauses in it. We will now move on to the detailed Committee process to finalise it and ensure that it tackles the issues we all wish to see tackled in order to reduce homelessness. That is why I think it is appropriate that the Bill receives its Second Reading, and I look forward to hearing the Minister’s comments.
Thangam Debbonaire (Bristol West) (Lab)
In the interests of the 94 people sleeping on the streets of Bristol, I want the Bill to proceed, so I have taken everything that has already been said out of my speech and cut it down to a few sentences.
If the Government really want to tackle the housing and homelessness crisis, they should go beyond supporting this Bill and consider the following things. They could tackle land banking by allowing councils to charge council tax on unused land that has planning permission. They could remove the arbitrary borrowing limits on councils when building homes. There is no set limit on borrowing to build a swimming pool, so why is there one for homes? They could release more public land for building. They could follow the suggestions made by Opposition Members and some Government Members today to reform the private rented sector, which so badly and urgently needs reform. They could tackle low-income, insecure employment, which is causing many families who are in work to struggle to meet their rent and put food on the table.
I support the Bill, but as I go home having supported it, I will still be thinking about the people who are left behind. I ask the Government to think of them as well as I mention the young couple I know who cannot afford a deposit on a home, young people leaving care with no family to turn to when things go wrong, older people who are struggling when they are ill or put out of work for other reasons, and every family and individual at risk of homelessness in Bristol West and elsewhere tonight, because while this Bill does so much that is commendable and we support, there is much more the Government can and must do to end this housing crisis.
The Parliamentary Under-Secretary of State for Communities and Local Government (Mr Marcus Jones)
I thank my hon. Friend the Member for Harrow East (Bob Blackman) for introducing this carefully considered Bill. As he is aware, this Government are committed to preventing homelessness. The number of people found to be homeless is down by 58% from the 2003-04 peak, but the Government remain absolutely clear that one person without a home is one too many.
We are supporting the largest house-building programme by any Government since the 1970s, but homelessness is not just a housing issue. Tackling it requires a collective response at national and local level, and an unrelenting focus on prevention. There are many examples of good early intervention around the country, and we want all areas to learn from the experiences of the best, driving good practice to help more areas to learn from effective ways to prevent people from becoming homeless in the first place.
We are taking action, and we have already made significant progress. In 2010, we overhauled the methodology for counting rough sleepers, so every council now has to report the scale of the problem in its area. Since 2010, we have invested more than £500 million to help local authorities prevent almost 1 million households from becoming homeless.
Over the course of this Parliament, we are going further. The Government have protected the homelessness prevention funding that goes to local authorities, which will reach £315 million by 2020, and we have increased funding to tackle homelessness to £139 million over the course of this Parliament.
Just this month we have announced that we are going even further. We have launched our £40 million homelessness prevention package, which takes an end-to-end approach to preventing more people from becoming homeless and helping them to recover quickly when they do. It will mean quicker intervention with rough sleepers or people at risk of sleeping rough, and it will turn around the lives of some of the most entrenched rough sleepers in England. The £10 million rough sleeping grant fund, which forms part of this package, will enable local areas to intervene early with rough sleepers before their problems become entrenched, and to build better local multi-agency partnerships to address people’s underlying problems.
Stephen Timms
The Minister has explained some of the things the Government have done. What in his view are the reasons why, as has been acknowledged across the Chamber in this debate, rough sleeping more than doubled since 2010?
Mr Jones
As I have said, homelessness is not just about housing supply. It is about a number of issues and I am going to outline a number of steps the Government are going to take to tackle rough sleeping; those steps will wrap around the Bill of my hon. Friend the Member for Harrow East to support the most disadvantaged in society.
This Government did bring forward the first social impact bond in the world to help the most entrenched rough sleepers on London’s streets. We are now going to build on that success and introduce a social impact bond with a £10 million rough sleeping fund for it, which will allow local partnerships to work with some of the most entrenched rough sleepers, focusing on getting them into accommodation and using personalised support to address their complex needs. This will be open to all areas but we will particularly be interested in hearing from areas with the highest levels of rough sleeping.
Our programme will mean innovation and collaboration to prevent homelessness. Our £20 million grant fund for prevention trailblazer areas will help up to 20 local areas to go further and faster with reform, laying the groundwork for many of the changes we want to see through my hon. Friend’s legislation. They will adopt and develop best practice and data-driven approaches to identify people at risk of homelessness, and will provide them with early support to prevent a crisis. Southwark, Newcastle and Greater Manchester are our early adopters and will be taking forward a range of initiatives. Projects will include collaboration with a wide range of services to identify people who are at risk of homelessness, and to work with them well before they are threatened with eviction. Early adopters will also test innovative approaches to preventing homelessness to help us build our evidence base on what works. Taken together, these three funds make up a strong package of local support that will make an immediate difference to the lives of homeless people in our country.
It is not just local change that is needed. I am also driving action across Government through the ministerial working group on homelessness. The group is focusing on many key initiatives, the first of which is the development of cross-departmental indicators, so that we can track the progress that all Departments are making in tackling homelessness. Homelessness is not just a housing issue, and that is why, through the ministerial working group, we will work closely with health services, such as hospital discharge teams and mental health services, to understand what more they could do to help to prevent homelessness. Finally, the group is looking at how we can ensure that people who are homeless or at risk of homelessness receive the help that they need to get into work.
This Government are committed to going even further. That is why last year we said that we were looking at options, including legislation, to prevent more people from becoming homeless, and I am pleased that the Government are now providing full support to the Homelessness Reduction Bill. This important piece of legislation will reform the support offered to everyone who is at risk of homelessness, better protecting vulnerable households. Services will focus on intervening earlier, and working with people before they reach crisis point. People who do face a homelessness crisis will get quicker help to resolve it.
The Bill requires local authorities to provide new homelessness services to all those affected, not just those who are protected under existing legislation. My hon. Friend provided an excellent description of the effect that the Bill will have. I particularly draw Members’ attention to the extension of the duty on local authorities to provide advisory services. This means that services must be designed with certain vulnerable groups in mind, such as care leavers and victims of domestic abuse. This will mean that people at risk of homelessness will receive more meaningful information earlier, to help them to prevent their own homelessness.
Emma Reynolds
Can the Minister reassure the House that the Bill’s money resolution will provide sufficient resources to allow local authorities to comply with their new duties, in order the make the Bill a reality?
Mr Jones
I thank the hon. Lady for bringing up a point that Members across the House have rightly raised today. I shall say more about this later, but I hope that I will be able to reassure her and other Members that the Government are absolutely committed to providing new funding to local authorities to allow them to discharge the new duties in the Bill.
As I was saying, preventing homelessness as early as possible is critical. Importantly, the Bill places a duty on local authorities to start helping applicants 56 days before they are threatened with homelessness. This doubles the current period for help and brings it more into line with the notice period for ending an assured shorthold tenancy, which is currently the lead trigger for statutory homelessness acceptances.
The Bill will place a duty on local authorities to take reasonable steps to prevent homelessness for eligible households threatened with homelessness. It will also ensure that other local services refer those who are either homeless or at risk of being homeless to local authority housing teams, and that care leavers are more easily able to establish a local connection and so are not deterred from seeking support, should they need it.
The Bill will make a real difference; it offers support to a much wider group of people who need it than the existing legislation, which is why I am today pleased to offer the House the Government’s full and unfettered support for the Bill. I can confirm that the Government will fund the additional costs of the Bill, in line with the long-standing new burdens arrangements.
As I said to the hon. Member for Wolverhampton North East (Emma Reynolds), there will be new funding for local authorities. We will work closely with local authorities and homelessness charities to ensure the successful implementation of the Bill. That includes a commitment to working together on any guidance and codes of practice that will be required to sit alongside the new legislation.
Mr Betts
I welcome the Minister’s assurance about the codes of practice. His efforts to get Government support for the Bill are greatly appreciated. On the money, aside from the initial work with the LGA to get the new burdens figures agreed, does he accept that it is difficult to predict the precise costs of the legislation? Will he reflect on whether, once the legislation has been in operation for a year, he should sit down with the LGA again to see whether the initial figures are correct or in need of revision?
Mr Jones
I thank the hon. Gentleman for his kind words about my work on this important matter. In view of the changes recently made to the Bill, we are looking very carefully at the costs. We acknowledge that the Government will have to deal with the new burdens that will come with the legislation. We are speaking to the LGA and will continue to do so. We are also speaking to local authorities about the costs that will be incurred. He makes a good point; in the past few months, I have created a local authority working group. Local authorities come to the Department to discuss various issues and good practice that they are promoting. We are certainly listening to what that group is saying and feeding that into the work being done by the cross-Government ministerial working group.
John Healey
Members on both sides of the House will be pleased to hear what the Minister said on the new funding that will go to local government for the new duties. Nevertheless, my hon. Friend the Member for Sheffield South East (Mr Betts) may have jumped the gun a little. Speaking to the LGA and listening to the local government working group is one thing, but will the Minister undertake to involve the LGA in assessing and agreeing the additional duties and the likely additional costs that will necessitate the new funding?
Mr Jones
As I said a few moments ago, we are engaging with the LGA, and engaged with it and the Select Committee on the Bill. Like the Select Committee, we are aware that some concerns from the LGA arose from the process of prelegislative scrutiny of the Bill. We are speaking carefully to the LGA about the costs and new burdens on local government, and will continue to undertake to do that, because we want to make sure that the Bill works. As I said, we are determined to put in funding that does not currently go to local authorities to support the Bill.
We know from the experience in Wales that a change in culture, alongside the introduction of new legislation, is critical. I will drive forward work alongside the Bill to ensure that the change becomes a reality. Our funding package, and the work that will take place alongside it, will be important steps in that direction. That work will support the reform of local practice and partnerships through the provision of expert support from a network of specialist providers; improve the quality of services by giving front-line organisations and local authorities easier access to evidence-based best practice through an online hub; and improve data collection and analysis, making it easier for local areas to spot those at risk of homelessness. There are extremely good examples of that type of work going on. In Newcastle upon Tyne, extremely good work is being done on spotting the people who may be at risk of homelessness, but who are not yet at that point.
I want to thank my hon. Friend the Member for Harrow East for his admirable work in bringing this legislation to this point. Since publishing his draft Bill in August 2016, he has worked tirelessly with the LGA, Crisis, Shelter and St Mungo’s to address many of the concerns raised in their evidence to the Select Committee. The Government are proud to support this important Bill, and are very grateful to all concerned for their expert work.
Although the measures that set out to provide 56 days’ emergency accommodation for anyone who needs it were not included in the final version of the Bill, the Government are clear that no one should have to sleep rough to get the support that they need. That measure was removed because of concerns that that duty was unworkable and would not achieve the outcomes it sought to secure. I hope that the hon. Member for Ilford South (Mike Gapes) will acknowledge that a lot of work has been done, following the representations made by local authorities and the sector, through the Select Committee, and that changes have been made to overcome the biggest impediment that local authorities saw to delivering the Bill.
The Government are committed to building up evidence and good practice to address this issue in the longer term, which is why our £40 million support package includes a new £10 million rough sleeping prevention fund to help people who are at risk of rough sleeping. That will prevent people from reaching the streets and help new rough sleepers quickly off the streets. Ensuring that people on the edge of homelessness have a safe place to stay while longer-term solutions are found will be a key part of this programme.
I know that concerns have been raised by the National Landlords Association about clause 1. Along with my hon. Friend the Member for Harrow East, I am committed to working through these concerns with the NLA over the coming weeks. I put on the record my thanks to the hon. Member for Sheffield South East (Mr Betts) for leading such thorough scrutiny of the draft legislation through the Communities and Local Government Committee. I also thank all other hon. Members who are on that Committee, many of whom are here today, as their scrutiny has resulted in important changes to the Bill, such as: the removal of the clause that changed how local connection was defined; people who have experienced, or are at risk of, domestic violence being specified in the duty to provide advisory services; the increase in safeguards for households considered not to be co-operating with the local authority; and the added flexibility for councils to be able to help to secure a six-month tenancy when working with people to relieve their homelessness.
I also pay tribute to Crisis for all its work. It has been a pleasure to work with it, and when I first met the people on its expert panel, who were promoting the original Bill, which was based on the Welsh legislation, it was extremely revealing to hear what they had to say. I am glad that my hon. Friend the Member for Harrow East has been able to take the Bill forward, and that the Government have been able to support it with him. I also pay tribute to Shelter and St. Mungo’s, which have also worked together to contribute to this Bill so far. I thank my hon. Friend the Member for Northampton South (David Mackintosh) and the all-party group on ending homelessness for their input into this important work.
A great deal of work has gone into the Bill to get it to this point. As we know all too well, when Members play politics with private Members’ Bills, they often find that their Bills get timed out. As has been said by a number of right hon. and hon. Members today, I urge Members not to take that risk with this Bill, which has enormous potential to improve the lives of some of the most vulnerable people in our country. I also thank the right hon. Member for Wentworth and Dearne (John Healey) for his kind words about my work, and for the spirit of co-operation shown today. I hope that that spirit is continued throughout the progress of this Bill.
The Government are confident that the Bill will significantly reform England’s homelessness legislation and work well alongside the package of non-legislative reform that the Government are also driving forward. This Government will continue to ensure that more people get the help that they need to prevent them from becoming homeless, and the support that they need, should they fall through the safety net. I am honoured and very proud to say that the Government will give their full support to this Bill. I hope that it will receive its Second Reading today, and that it will proceed through the remaining stages in this House.
Bob Blackman
We have had a passionate and well informed debate. With the leave of the House, I will briefly sum up the debate. First, may I thank the 32 Members who have taken part and the numerous others who have made interventions?
When we set out on this journey, the informal title of the Bill was the Homelessness Prevention Bill, but, as it was politely pointed out to me, that would mean that it would make it illegal for anyone to be homeless. We rapidly retitled it to the Homelessness Reduction Bill in the hope that we will eliminate homelessness in the long run.
I wish to place on record my thanks to Crisis for all the work that it has done on getting us to this stage, to St Mungo’s, which every day tries to take people who are sleeping rough off the streets, to the Minister and the Communities and Local Government team for all the help and advice they have given to get us to this stage, and to the Residential Landlords Association and the National Landlords Association, which have given their critical input. I wish to put on record my thanks to FirmFoundation in my constituency, which does so much work to get single homeless men off the streets and into appropriate accommodation. Equally, I thank Members on both Front Benches for their support and assistance in getting us to this stage.
Getting a Bill to Second Reading is a long struggle when one is doing something so important. We have taken a lot of time and trouble to get this right. Provided that the Bill receives its Second Reading, I look forward to it going through Committee, Report, Third Reading and the House of Lords. Out there today, people will be looking at this House and saying how proud they are that MPs from all parts of the House are taking the right sort of approach to ending completely the social disease of homelessness.
Question put and agreed to.
Bill accordingly read a Second time; to stand committed to a Public Bill Committee (Standing Order No. 63).
Technical and Further Education Bill
Monday 14th November 2016
(7 years, 5 months ago)
Commons ChamberRead Full debate Read Hansard Text Read Debate Ministerial Extracts
The Secretary of State for Education (Justine Greening)
I beg to move, That the Bill be now read a Second time.
The background to the Bill is that the Government have worked tirelessly over the past six years to embed our school reforms so that we can raise standards and ensure that an excellent academic route is open to all students. That work continues. Thanks in no small part to the hard work of the teaching profession, over 1.4 million more children are now being taught in schools rated as good or outstanding compared with 2010. This is vital if we are to be a country in which everyone not only has a level playing field for opportunity, but has their potential unlocked and can thereby do their best. This transformational progress has been great news, particularly for those young people who choose to build on their time at school by pursuing an academic route through Britain’s world-class universities on their way to joining the workforce and making a contribution to the economy. The truth is, however, that half—last year, most—of our young people, often those from disadvantaged backgrounds will choose not to go to university, but to follow a less purely academic route, or perhaps one that plays to their individual strengths, talents and interests.
Kelvin Hopkins (Luton North) (Lab)
The Secretary of State will know that we are failing nationally to train enough graduate engineers to serve our own needs. One reason is the teaching of mathematics and the failure of young people to acquire skills in that subject. A lot of effort has been put into improving the quality of mathematics teaching in schools. Are we now starting to see the fruits of that extra effort?
Justine Greening
I believe that we are. Not only have we seen investment in more effective mathematics teaching—through some of the Mathematics Mastery work, for example—but we have tried to widen participation by making sure that girls do maths and science courses, thereby better balancing our engineering careers between men and women. Alongside that—this is why the Bill matters so much—we must recognise routes into such professions that are not purely academic which, for many of our young people, will take the form of technical education.
Tristram Hunt (Stoke-on-Trent Central) (Lab)
Do the Government still want young people who do not achieve a C or above in maths and English to repeat their GCSEs, rather than having a more useful level 2 post-16 qualification?
Justine Greening
We have been clear that we do not want children to be left behind by not getting a GCSE in maths or English when they could have achieved one, so we want those who score a D to take resits. For others, however, there is the option to study for functional skills qualifications, and it is important for employers that we make sure those functional skills qualifications work effectively.
Justine Greening
I will make a little more progress. I will definitely let the hon. Gentleman intervene but, as he will know, I have some way to go as I introduce the Bill.
I was setting out how most young people will not necessarily go down an academic route, but choose more a technical educational route. Despite that fact, the technical education route open to those young people for decades has often lacked sufficient quality and failed to offer a proper pathway into the world of work. That is not acceptable. If we are to create a country that works for everyone, it is time that we gave technical education the focus its deserves, alongside our school and academic education reforms, so that people who choose to pursue this route have as good a chance at getting a high-skilled career as someone taking an academic route.
Nic Dakin
I think that everyone applauds the direction of travel for technical education. In response to the point made by my hon. Friend the Member for Stoke-on-Trent Central (Tristram Hunt) about GCSE maths and English, the Secretary of State focused on functional skills. Is she saying that those functional skills will remain as an equal qualification in the future, because I do not think that that is being said to institutions or students?
Justine Greening
What we are saying is that we want an education system, particularly at the primary and secondary level, that really stretches our young people to get through their GCSEs and to come out with GCSE qualifications that are well recognised and respected by employers. Alongside the resit policy, we want strong functional skills qualifications that can, in conjunction with a broader offer for technical education, enable young people to demonstrate their attainment in both maths and English. No young person should leave our education system without something to show for all their time spent on maths and English. It is important that they are able clearly to demonstrate their level of attainment to employers. At the same time, we need to make sure that people achieve as high a level of attainment as possible to recognise their potential in maths and English. STEM subjects, especially maths and English, have been a strong push for this Government so that we ensure that we give young people the critical building blocks that are important not just for their future careers and work but, much more broadly, so that they have a chance of being successful in life.
Lucy Powell (Manchester Central) (Lab/Co-op)
The Secretary of State is being generous with her time. There is still quite a lot of confusion about this point. She says that she wants to make sure that GCSEs are well understood and that they have a certain status, so will she clarify whether those who will take the new maths and English GCSEs next year will be required to resit if they get a 4 or if they get a 5? Will that apply thereafter, or is it a transitional arrangement?
Justine Greening
Of course, a level 4 broadly equates to a C grade. We will make sure that the resit policy aligns with the new way of grading GCSEs that will come through next summer. I hope Members recognise that the most important thing is to ensure that young people come out of our education system with adequate skills, particularly in maths and English, as well as—dare I say—adequate digital skills, which are also important.
The aim of the Bill is to ensure that there is a genuine choice between high-quality academic and technical education routes. The Government want to build on what exists in the further and technical education sector and steadily create a gold standard of technical education for the first time so that students can be confident that if they commit their time and effort to a course, they will be building towards a successful career. We will unlock those opportunities only by addressing the challenges facing further education. We need to get to the root causes of poor-quality provision, including weak employer engagement, ineffective training methods, the proliferation of qualifications that are not highly valued and, of course, institutions with uncertain finances.
James Berry (Kingston and Surbiton) (Con)
Is collaboration between local institutions part of the process? Will my right hon. Friend commend the work of Kingston College in leading the way by federating with Carshalton College to provide a much better offer to local students?
Justine Greening
That work shows that colleges acting collectively can provide not only a higher-quality offer, but a broader one. We hope that through the local area review, other colleges will steadily make sure that they are co-ordinating their local provision for young people. Wherever young people are growing up, it is vital there is a strong further education offer on their doorstep if they want to follow a technical education route.
The good news is that much of the work is already well under way. Lord Sainsbury’s report on skills in this country led to the skills plan, which was published in July by my hon. Friend the Member for Grantham and Stamford (Nick Boles). Let me take this opportunity to wish him well, as will Members on both sides of the House, following the recent announcement about his health. I am sure that all Members look forward to seeing him back in the House as soon as possible.
The vision that my hon. Friend outlined in the skills plan involves streamlining technical education so that, despite the plethora of career opportunities, there are clearly identified routes into work that students can easily understand and that enable them to make informed decisions about their futures. The skills plan also explains how important it is for employers to play a big role so that the qualifications that young people obtain equip them with the skills and knowledge that they need to enter the jobs market successfully and start their careers. I shall come on to how the Bill will help us to deliver that.
Some 2.4 million apprenticeships were created during the previous Parliament. We want to build on our commitment to increasing both the quantity and quality of apprenticeships, and we remain committed to our target of creating 3 million more by 2020.
Peter Kyle (Hove) (Lab)
I accept that the Secretary of State is determined to ensure that enough students and other young people take up apprenticeships, but will she commit herself to a target for completing them, as well as a target for starting them?
Justine Greening
We do want to ensure that students complete their apprenticeships. As the hon. Gentleman will know, the Higher Education and Research Bill commits us to widening our review of how inclusive and open higher education is, taking account of not just the number of young people who embark on courses, but the number who finish them, particularly if they are from more disadvantaged and diverse backgrounds.
As part of last year’s spending review, we announced that we would provide more than half a billion pounds this year alone to help further education colleges and sixth forms to support students from disadvantaged backgrounds or those with low prior attainment. Moreover, we are already committed to future funding levels. Those assurances will give the sector the security that it requires to deliver the skills that young people need if they are to succeed in modern Britain. We are committed to doubling the 2010-11 spending on apprenticeships, in cash terms, by 2019-20, and to protecting the national base rate of £4,000 per student in 16-to-19 education for the duration of this Parliament. By 2019-20, our funding for 19-plus skills participation will be £3.4 billion, which represents a cash increase of 40% on 2015-16. The steady progress of the Government’s programme of area reviews for the further education sector means that we have taken another important step towards giving institutions the opportunity to put themselves on a secure financial footing.
Lucy Powell
I thank the Secretary of State for her generosity. I welcome the fact that further education funding streams have stabilised recently, but does she accept that the pernicious and deep cuts that the Government imposed on further education and technical education budgets during their first five years in office had a long-lasting and difficult impact on further education, and that that is why we are now so far behind our international comparators when it comes to post-16 funding?
Justine Greening
I do not accept the picture that the hon. Lady presents. In the long term, our technical education offer for young people has not met the ambitions that all of us should have had for it. However, when we went into government in 2010, we asked Alison Wolf to look into further education. Her report said that at least 350,000 young people had been let down by courses that had
“little to no labour market value.”
She said that those courses were not valued by employers and did not prepare young people for further study. Perhaps as damagingly, she also said that students had been “deliberately steered” away from challenging qualifications—that
“funding incentives have deliberately steered institutions, and, therefore, their students, away from qualifications that might stretch (and reward) young people and towards qualifications that can be passed easily.”
I make the point about what Alison Wolf said about the further and technical education system to demonstrate why the body of work undertaken over the last six years is so important. It has at its heart the Sainsbury review that was undertaken alongside Alison Wolf’s work, and what came out of that was the skills plan. I hope that Members on both sides of the House will now swing in behind the skills plan and, indeed, the Bill, which is part of how we will develop it.
Mike Freer (Finchley and Golders Green) (Con)
What steps are being taken to address the continuing gender imbalance in our apprenticeships?
Justine Greening
My hon. Friend raises an important point. We want to make sure that young girls get exactly the same opportunities as young boys. We know that part of the challenge relates to the kinds of industries that might offer apprenticeships. The hon. Member for Luton North (Kelvin Hopkins) asked me about the engineering profession. It is important to ensure that the technical education route is as desirable for young women as it is for young men, and among the ways we will do that is by steadily changing its image, by ensuring that it is of high quality, and by making sure that people know that if they follow this route, they will come out with experience and qualifications that employers truly value. That is why part of the Bill’s purpose is to put employers at the heart of our technical education strategy.
University technical colleges have also been established to address skills gaps in local and national industries. They provide technical education that meets the needs of modern businesses. Indeed, they also give a much different offer to young people who are interested in specialising through a technical education route.
Justine Greening
I would like to make a little more progress. I recognise the hon. Gentleman’s long-standing interest and expertise in this area, but let me get on to the Bill itself.
Alongside our wider education reforms, the Government’s work on technical and further education over the past six years represents a firm foundation on which we can now build a really strong technical route in this country. The Bill serves to do exactly that. Part 1 focuses on technical education. It extends the role of the Institute for Apprenticeships to give it responsibility for classroom-based technical education in addition to apprenticeships. It will be renamed as the Institute for Apprenticeships and Technical Education. The measures take forward and support the reforms set out in Lord Sainsbury’s report and the skills plan so we can truly streamline the technical education system and ensure young people can follow clear routes to skilled employment. That will ensure that we have strong standards as part of an employer-led approach on technical education so that courses and apprenticeships develop knowledge, skills and behaviours in individuals that meet the needs of employers and improve overall productivity.
Rob Marris (Wolverhampton South West) (Lab)
The right hon. Lady may well know that those of us who have worked in factories and in similar jobs realise that often the people at the chalk face, as it were, know at least as much as employers about what skills are needed. How will we ensure the revamped institute includes workers or their representatives—as well as employers, of course—so that there is a rounded view of what is needed and what is appropriate for a particular skill?
Justine Greening
As the hon. Gentleman knows, the Government have talked significantly about our plans to make sure that workers have more representation at the higher echelons of business. As the Institute for Apprenticeships becomes responsible for technical education, it will of course have employers at its heart, but it will also work with other stakeholders including, importantly, further education colleges themselves. We will make sure that the institute can truly deliver on our ambition for it to be at the heart of how we drive forward and improve standards in technical education.
Part 2 of the Bill puts in place protections for students for the first time and provides greater certainty for institutions by introducing an insolvency regime for further education and sixth-form colleges. It applies normal insolvency procedures to colleges. At present it is not clear whether or how colleges are covered by existing insolvency law, and the resultant uncertainty is bad for colleges and for students. The Bill will remove the uncertainty for all parties by putting in place a regime that allows for an orderly process in the very unlikely event of a college becoming insolvent. As I have said, we need to rectify the lack of protection for students. Crucially, chapter 4 of part 2 will put in place a special administration regime that will have the special objective of minimising or avoiding disruption to the studies of existing students at affected colleges. These measures will ensure that students can be protected if a college becomes insolvent.
As I mentioned earlier, the current programme of area-based reviews is already putting the sector on a sustainable financial footing for the future. Part of the review process is to encourage colleges to consider needs and provision locally. That will help to ensure that the right provision is available in the right places. The proposed insolvency regime and technical education measures also require certain delegated powers, and we will be providing more information about those to the House before the Bill goes into Committee.
Part 3 of the Bill, the title of which is “Further education: information”, includes a measure to amend existing legislation to ensure that, after the devolution of further education functions and the adult education budget to a combined authority, FE providers and others will continue to submit relevant information to the national data system. This will ensure the continued availability of relevant data that are needed to make intelligent and strategic policy decisions about investment in further education.
Six years ago, we inherited a system from Labour in which too many young people—often those from the most disadvantaged backgrounds—left school or college without the skills and qualifications that they needed to build a successful future. Our wide-reaching reforms have had a transformational effect on the education system in this country, and it is important that we now build on the work of my two immediate predecessors in this role, my right hon. Friends the Members for Surrey Heath (Michael Gove) and for Loughborough (Nicky Morgan).
We know that there is still so much more to do, which is why we are doubling free childcare for working parents of three and four-year-olds to 30 hours a week. We are also working hard to put our first-class universities on an even stronger footing so that they can continue to compete with the very best in the world. We are starting work on opportunity areas to ensure that the education system as a whole can work better to drive social mobility in those parts of the country where it has been stalled for generations, and we have doubled the previous Labour Government’s spending on school places and set out plans to make more good and outstanding school places available to more families all over the country.
The newly broadened remit of the Department for Education, with skills and further education back under one roof alongside schools, gives us an exciting opportunity to build on the excellent work that has already been done over the past six years, both in FE and in the wider education sector. In the end, education underpins how this Government want to create a country that works for everyone so that, irrespective of their background, people can get the skills that they need to take advantage of the opportunities in our country. This is not only good for individuals, but will ensure that we have the skills that our businesses and our economy need so that we can drive up prosperity across the country. The Bill will allow us to take the next steps to give the technical and further education route the status and the spotlight it deserves so that it can flourish as a genuine, high-quality alternative to the academic route, and one that leads to successful careers for those who choose to pursue it. I commend the Bill to the House.
Angela Rayner (Ashton-under-Lyne) (Lab)
I start by associating myself with the well-wishes for the hon. Member for Grantham and Stamford (Nick Boles).
The Opposition do not intend to oppose the Bill’s Second Reading, but many questions remain for the Government to answer during its passage. We accept that the provisions on insolvency are necessary, but their necessity is a sad reflection on the circumstances facing providers under this Government. Further education helps 4 million people a year, playing a vital role in giving our young people the skills they need and supporting older learners into retraining and learning new skills. Since 2010, however, the sector has suffered a real-terms budget cut of 14%. I am sure that the Secretary of State will have seen the National Audit Office report on “Overseeing financial sustainability in the further education sector” and will know that 110 colleges had recorded an operating deficit by 2013-14—more than double the number that had done so in 2010, when her party took office—and that the number of colleges judged by the Skills Funding Agency to have inadequate financial health has more than doubled. However, in the face of that financial crisis, the Government’s solution is not the investment that the sector needs, but is simply a way to sweeten the bitter pill of insolvency.
I needed a second chance at education, and many of my Opposition colleagues have experienced the transformative effect that technical and further education can have on young people’s lives and on learners at all stages in their lives. That is why the Opposition see the Bill as a missed opportunity. Britain needs a highly skilled, highly trained workforce to succeed in the economy of the future, particularly following Brexit and given the productivity gap that we face.
Rob Marris
Does my hon. Friend share my bemusement at the Secretary of State standing before the House this afternoon extolling the transformational—that was the adjective she used—changes brought about by her Government and the previous coalition Government and extolling the high-quality work that has been done? Does my hon. Friend share my bemusement that, despite apparently hordes more skilled workers as a result of the changes introduced by this Government and the previous Government, this country’s productivity is still absolutely rubbish? If technical and further education were so fantastically transformed, productivity would have improved a whole lot, but it has not.
Angela Rayner
I absolutely agree that this Government have done nothing to provide technical skills. Colleges have faced dramatic budget cuts. It is audacious for Ministers to stand at the Dispatch Box and say what they have done when they have failed. In fact, the Government included the word “technical” in the Bill only as an add-on—it was not there in the first place.
I would be the first to say that an excellent academic education must be provided to all pupils from all backgrounds, but given that many will not go to university, other educational routes remain vital. That is why it is so important that further education is put on a sustainable financial footing. It is not too late for the Government to do that and to bring forward the changes that the sector needs. Next week, the Chancellor will stand at the Dispatch Box and deliver his first autumn statement. The Government could take that opportunity to ensure that the hundreds of millions of pounds that has been cut from the further education sector since 2010 are reinvested in colleges across Britain, in our future and in our best and most valuable asset: the people.
The Secretary of State could get the Chancellor to bring back the education maintenance allowance, which helped hundreds of thousands of young people from low and middle-income backgrounds to stay in education. The Institute for Fiscal Studies confirmed that the EMA represented value for money for the taxpayer, boosted the rates of young people staying in education and improved attainment. I fear, however, that we will be left disappointed once again. After all, this Government have struggled to match warm words with policy when it comes to education.
James Berry
The hon. Lady is listing a litany of failures, but would she like to take this opportunity to welcome the massive boost in apprenticeships, which I am sure many of her constituents, like mine, have enjoyed?
Angela Rayner
I will come on to that, because although I welcome some of the Government’s proposals on the Institute for Apprenticeships, some of the substance is lacking—let’s be honest, it is not in the Bill. The Government have struggled to match their warm words, and were planning to push ahead with cuts to apprenticeship funding that would have been devastating to those in disadvantaged areas. It was only the concentrated opposition in this House, led by my hon. Friend the Member for Blackpool South (Gordon Marsden) and my right hon. Friend the Member for Tottenham (Mr Lammy), along with many other Labour Members, that forced the Government to do a U-turn.
Angela Rayner
I will make progress and let the hon. Gentleman in again later.
Even then, the Government did not announce new investment, nor did they abandon the cuts. Instead, cuts of 40% have become cuts of 20%, and cuts of 50% have become cuts of 30%. So although we welcome the Institute for Apprenticeships, now to be renamed the “Institute for Apprenticeships and Technical Education”, we are concerned that changing the name is the extent of the progress made in the Bill. For example, there is no role for apprentices or learners on the institute’s board. First, the Government gave us an office for students with no students, and now we get an Institute for Apprenticeships with no apprentices. There is no inclusion of further education providers, colleges, universities, the relevant trade unions or local authorities either, and I cannot help but wonder whether anyone in the sector will actually be allowed on the board. Despite that, we have long welcomed the institute in principle, as the body to implement a plan to improve both the quality of apprenticeships, and access to and participation in them. We will now have the institute, but where is the plan? Why is there so little mention of the institute’s need for a strategy to promote participation among care leavers, learners from black, Asian and minority ethnic backgrounds, and learners with disabilities? Why have the Government not used the Bill as an opportunity to enshrine in law the recommendations of the Maynard review on apprenticeship accessibility? We simply know too little of the Government’s plans for what the institute will do, and how it will help providers and students in the years to come.
However, that is not really a surprise. After all, the Government do not seem to know what the capacity of the institute will be. In a recent written answer, the Minister for Apprenticeships and Skills said:
“We are currently developing the detailed structure of the Institute for Apprenticeships, and therefore we are not yet able to set out initial staff numbers”.
So the Secretary of State and the Minister can come to this House with a Bill to set up this institute, but they cannot tell us how it will be structured, staffed or operated. We can only hope that the institute will fare better than every other body this Government have set up to help them deliver their policies in further education.
Tristram Hunt
Is my hon. Friend also aware that the Minister for School Standards, having said at the Dispatch Box that the royal college of teaching was up and running and had full Government support, has said in answer to my parliamentary questions that there have been no meetings with the Secretary of State, no meetings with Ministers of State, and no effective funding? The royal college of teaching is something we should all support in this House, and I would hope those on the Treasury Bench were behind it. [Interruption.] That is what the parliamentary answers said.
Angela Rayner
I will be interested to see what the Secretary of State has to say about that. I find it absolutely shocking—
Angela Rayner
Absolutely shocking. We have seen the Skills Funding Agency lose nearly half of its staff since 2011, and we have seen continued and accelerating decline in the staffing of the National Apprenticeship Service and the UK Commission for Employment and Skills. Of course, all those bodies were threatened with further cuts under the “BIS 2020” project, which was overseen by McKinsey for the former Secretary of State. We found out about the details of that not from any ministerial statement, but through internal documents leaked to my hon. Friends the Members for Sheffield, Heeley (Louise Haigh) and for Sheffield Central (Paul Blomfield) in April. Perhaps the Secretary of State can take the opportunity today to clarify that that process is no longer ongoing, and what her plans are for the staffing of bodies transferred from the former Department.
Given that businesses will contribute to the apprenticeships programme through the levy, it would help if the Minister reassured them that they will not be short-changed or end up just paying in to cover for cuts rather than for a genuinely new and improved level of service. As welcome as the institute is, there is concern that it will not deliver if it is not resourced for the job. With all the challenges facing the further education sector today, with the hundreds of millions of pounds of funding lost, and with the sky-rocketing number of providers facing deficits or requiring direct intervention of the Government, now is the time for radical action to ensure that our further education sector is able to continue on a sustainable footing in years to come.
James Berry
The hon. Lady could at least welcome the apprenticeship levy, which her party considered so radical that it would not even include it on its platform for the last election.
Angela Rayner
It is always a pleasure to take an intervention from the hon. Gentleman. I will come on to that point.
I have no doubt that the Secretary of State read the same National Audit Office report that I did on the growing financial crisis in further education. It was that report that recommended the creation of an insolvency regime. That recommendation is in the Bill, but it would be alarming if that were the only response on offer. The Secretary of State seems to be aware that dozens of providers are reaching crisis point, but instead of deciding that something needs to be done about it, she seems to think that we should be helping that process along. While Labour Members call for investment, Government Members offer insolvency.
This Bill offered the Government an opportunity to improve the situation faced by providers and students. Instead, they seem content with managed decline. We should make no mistake that the decline of a sector that helps more than 4 million people every year will fail not only them, but the needs of our economy and society as a whole. For that reason, I urge the Secretary of State to look again at the opportunities that may have been missed in this Bill. We will not oppose the Bill tonight, but we will most certainly seek to improve it.
Justin Tomlinson (North Swindon) (Con)
It is a pleasure to contribute to this debate. I very much welcome the Bill and pay tribute to the ministerial team who are rightly focusing on providing opportunity for all. I speak as somebody who went to a school that was bottom of the league table in Worcestershire and who employed many young people in the 10 years that I ran a business. I recognise the absolute importance of equipping all young people, regardless of background, with the necessary skills to fulfil their potential in their working lives.
I wish to focus on a very narrow part of the Bill, which is to do with the opportunities for young disabled students, particularly on the apprenticeship programme. Typically in this country, non-disabled people have an 80% chance of being employed. If a person has a disability, that figure drops to 48%, which is still up 4% on 2010—an extra half a million more disabled people in work. If a person has a learning disability, they would typically have only a 6% chance of having meaningful and sustainable careers. All Governments of all political persuasions have tried their very best to look at different initiatives and different programmes to try to boost that figure, but, by and large, it has stuck rigidly at 6%, and we all desperately want to see huge improvements in that area.
I had the pleasure of visiting Foxes Academy near Bridgwater. It has taken over a former working hotel and takes on young adults with learning disabilities in a three-year programme. For those first two years, their time is split between learning about independent living, slowly progressing up the floors of the hotel as they become more independent, and more skilled and confident. They learn real-life tangible skills within the hotel, which can be transferred to local employers in the restaurant trade, the care homes and other local hotels. On this visit, I was absolutely staggered to see that, at the end of that three-year course, 80% of those students—not 6%—remain in work. That was because of that three-year, constructive and patient approach to learning to give them those skills. They spent the final third year in supported training with local employers, patiently being taught the skills that are needed. It was no surprise that those employers, having invested in training and support, were then keen to keep on those young adults.
I was so impressed that I invited people from the academy to come to see me in Parliament when I was Minister for Disabled People. I asked them why we could not have one of those projects in every town. They said that in the first two years they could take on as many students as they could fit in the hotel, but the challenge was the cost of the supported training in the third year. I said, “Well, surely this is just an apprenticeship by another name. Why can’t we call it an apprenticeship? You can access the funding for the Government’s commendable pledge to have 3 million more apprentices by the end of this Parliament.” They said, “We can’t, because most of our students wouldn’t get the grade C in maths and English that is the typical entry requirement to access an apprenticeship.”
We agreed that we would look into this as a matter of urgency and I met my hon. Friend the Member for Grantham and Stamford (Nick Boles), who was the skills Minister at the time. He shared with me that he thought this was both a frustrating situation and a real opportunity to make a difference. We commissioned my hon. Friend the Member for Blackpool North and Cleveleys (Paul Maynard), alongside my hon. Friend the Member for Daventry (Chris Heaton-Harris), my right hon. Friend the Member for Chesham and Amersham (Mrs Gillan), Scope, Mencap and many other experienced colleagues, to look at what we could do. As part of this Maynard review—we only gave him three and a half weeks, as we had a suspicion that my hon. Friend the Member for Grantham and Stamford and I might no longer be in a position to sign things off after that, and it is a credit to him that he rushed it through—they identified that if we made an exemption for those with a learning disability, we could offer real, tangible opportunities for those young people through the apprenticeship programme. I am delighted that the Government have been so positive in welcoming that. In the Minister’s closing remarks, I would be keen to hear what steps need to be taken for this to happen, how quickly we can do this and how we can advertise it to local employers.
The other key lesson was that there were many local employers who were willing to engage and offer that opportunity. They were not doing that to tick a box, or as a favour because they wanted to feel good. They did it because these young adults, after patient training, proved to be excellent employees who would stay with their organisation year after year. I was sent photographs of many of these young adults on their first steps into a career, and every one of them had a huge beaming smile because of their pride in having the opportunity to work. They were not always full time—some were part time—but they felt proud, as did their parents.
I have one other slight request, to do with university technical colleges. I am very proud that Swindon has its own UTC; I am a huge fan. In fact, our party launched its election manifesto from the Swindon UTC, which mixes modern technology and Swindon’s proud railway heritage in one wonderful, fantastic building.
UTCs could go much further if entry was at the beginning of secondary school, not at 14. I have talked to many of those students and they chose to go there not always because it was the right route for them but because they were unhappy in their secondary school. I have also talked to people who should have gone to the UTC and have a natural aptitude for the courses it offers—in higher engineering or computer programming; in the sorts of roles in which we have desperate skills shortages in this country—but who were already settled in their secondary schools with lots of friends. They did not want to break away from that, so they missed out on taking advantage of the opportunity of going to a UTC. If we could change the entry age to the traditional entry age for secondary school, UTCs would compete on an even footing and those who would most benefit from this opportunity would be more likely to take it.
Karin Smyth (Bristol South) (Lab)
Does the hon. Gentleman agree that as well as talking to young people about the time at which they can enter the UTC, parental knowledge is important in influencing that choice? The lack of information for parents, particularly from many local authorities, stops the progress of the UTCs.
Justin Tomlinson
I thank the hon. Lady for making that important point. When we talk to the heads of UTCs, they say that one of the biggest challenges is that secondary schools, when seeking to recruit students, go into neighbouring primary schools and get involved in assemblies, have displays and make contact with parents. The primary schools work with those secondary schools to advertise those opportunities, but, obviously, UTCs are seeking to take students away from secondary schools—and with those pupils comes the funding—so the secondary schools are not always receptive to opening their doors and saying, “Look, there’s an alternative. Why not take the funding that follows you to another organisation?” If we put it back on an even footing by having the same entry point as secondary schools, primary schools will be able to engage with those parents and provide those opportunities.
UTCs are training those young adults with the skills we very much need, and we need to do far more to get businesses to support UTCs by providing mentoring, work experience and expertise. Too many local businesses are not yet up to speed with the great links they can get with UTCs. If they invest early in those students, they will be their next generation of staff. We can use things like the business rates mailer—all businesses, whether they like it or not, will get one every year—to send out information about apprenticeships and UTCs. Local businesses will then know that by investing a little time and support they can help to fill those skills gaps in the future.
I welcome the Bill, which is a positive step in the right direction to deliver opportunity for all.
Tristram Hunt (Stoke-on-Trent Central) (Lab)
It is a great pleasure to follow the hon. Member for North Swindon (Justin Tomlinson).
I do not see many exciting opportunities arising from the UK’s decision to exit the European Union, but if we are feeling optimistic, as I always try to be, a rebalancing of educational provision and opportunity is one of the elements that we need to look to as we think about a new political economy for the United Kingdom, and part of that has to be a more effective technical and vocational education system.
In his great work “Our Kids”, which I urge the Secretary of State to read if she has not already done so, Robert Putnam charts the decline of social mobility in rust belt America, hinting at what has happened in recent days. He is clear that if people are interested in tackling inequality and promoting social mobility, the two areas to focus on in respect of Government provision are high-quality early years support and an excellent system of technical and vocational education. Those are the two elements that really make a difference in terms of inequality.
Kelvin Hopkins
My hon. Friend mentioned Brexit. Since the referendum, the pound has depreciated to a much more sensible level, such that manufacturing is starting to grow. Does he agree that it is vital that as manufacturing returns to its previous strength, as we hope it will, we have a good technical education system so that we can provide industry with all the skills it needs?
Tristram Hunt
I knew I would not get away with my Brexit comment with my hon. Friend sitting there. Yes, we need to provide the human capital to revive our manufacturing industry and to make sure that we succeed, but in the modern era of manufacturing, with components coming from across the single market, we are going to take a hit on inflationary pressure in relation to some of the manufacturing competitors—
Tristram Hunt
But we are not going to go down that road too quickly.
I welcome large parts of the Bill. It is good to see the focus on technical and vocational qualifications. I pay tribute to the work of Lord Sainsbury, and in so doing alert the House to what is in the Register of Members’ Financial Interests. He has been a passionate supporter of technical and vocational education, and his time as science Minister taught him that one of the blocks for achieving excellence in British science was making sure that we have not just top-flight research chemists, physicists and biologists, but high-quality technicians in our science-based industries. We are not producing those level 4 or 5 qualified technicians who are fundamental to the success of the science base.
As my hon. Friend the Member for Wolverhampton South West (Rob Marris) pointed out, productivity and economic growth demand that we invest more effectively in technical and vocational education. We should also see it as an opportunity. The Edge Foundation has shown time and again that we are going to see a huge growth in jobs in science, engineering and technology, and we need to provide the professionals to fulfil those opportunities. Much of our education system works against that. Whether we think of Progress 8, EBacc or the Ofsted inspection requirements, we have on the one hand a demand for an education system almost on the model that the British set up in Germany to provide our technical and vocational system, and on the other hand every element of incentive in our education system working strongly against that.
I am excited by the addition of the technical component to the Institute for Apprenticeships. I urge the apprenticeships Minister to visit the institutes of technical education in Singapore, which are doing a phenomenal amount on cutting-edge technical and vocational education, as that economy, too, begins to think about the kind of provision it needs to fill the skills gap and about the very demanding requirements on the sector.
My reservations are as follows. First, having the divide at 16 is a missed opportunity. My passion in the next few years will be to see whether we can create a consensus in this House on committing ourselves to ending GCSEs by 2025 and to getting rid of a school leaving qualification for people who do not leave school. We should strip out an examination that is an anomaly across Europe and America and that is not providing our education system with the academic or technical, vocational learning it requires. I urge the House to think much more creatively and imaginatively about having a 14-to-19 framework that includes an academic baccalaureate and a technical baccalaureate. That would get over some of the criticisms levelled at the Bill about having too narrow a focus on educational provision from 16 to 19. A broadly constituted baccalaureate between 14 and 19 would work, so I urge the Secretary of State to think big and to set up some kind of bipartisan thinking about how we—in exactly the same way that countries such as Singapore and Finland manage their education systems—can reach a national consensus in a decade that the GCSE model, having served its time, is no longer necessary. The introduction of differing pathways at 16 in the Bill is interesting, but I urge us to think now about how we put that upstream and have some of those differing pathways from 14 to 19.
Secondly, following on from my comments to my hon. Friend the Member for Bristol South (Karin Smyth), careers guidance is so important in this. When we think about accessing UTCs or further education colleges, having decent and effective careers guidance is really significant. The last Secretary of State had a clever plan —a sort of careers guidance and business thing—that was going to work. I do not know what has happened to it, or whether it is coming under review by the new Secretary of State, and I more than accept that there was no great golden age of careers guidance, but if we want technical and vocational education to work, we must have effective careers guidance. We have to make sure that parents and young people not only have the career immersion in primary school, but have effective careers guidance early on in secondary. That is the way they can access FE and UTC provision.
Thirdly, the Secretary of State valiantly defended retakes for English and maths GCSEs. I want English and maths to continue in education until 18, but—I see this in my constituency, and I think colleagues see it in theirs—young people are retaking and retaking GCSEs on a highly academic syllabus, which the right hon. Member for Surrey Heath (Michael Gove) introduced. We can debate its merits, but it is really not useful or effective in terms of young people’s career pathways. What these young people need is a good level 2 post-16 qualification that gives them the English and maths skills they need, but does not give them an academic syllabus that they do not necessarily require. I am all for people pursuing the academic pathway, just as much as the technical, vocational pathway, but if we are forcing them to do that at great expense, and causing them to be frustrated about their learning, that is one element of the previous Secretary of State’s system that the current Secretary of State might want to think about.
When it comes to technical and vocational education, we create a lot of institutions: UTCs, FE institutions and career colleges. As I understand it, UTCs were not part of the FE review, so we have divided up the review of further education colleges without taking account of UTC provision, even though there is a lot of crossover between UTCs and further education colleges. In Sheffield, for example, the further education college sponsors the UTC. If the Secretary of State is looking for savings, overprovision and institution-building are prevalent in the English education system, and a bit of co-ordination among those institutions would be a good idea.
That leads me to my final point, which is that the best way to achieve that aim is to devolve educational provision. We are beginning to devolve skills policy to combined authorities and directly elected mayors, but we need to think much more creatively about devolving schools policy to directly elected mayors and combined authorities. The needs of the Cornish economy are different from the needs of the Birmingham economy, which are different from the needs of the Northumbria economy. If we devolve some of the authority to a local level, we will end up with a more effective technical and vocational education system.
I admire some of the principles in the Bill, and I admire the direction of travel, as we now say. I urge the Secretary of State, as she begins to think big, to push this upstream and think about the 14-to-19 technical and vocational pathways.
Charlie Elphicke (Dover) (Con)
It is a pleasure to speak in this debate. I am going to talk about the local experience of further education in Kent. I welcome the independent report of the panel, chaired by Lord Sainsbury, that conducted an important review into the post-16 skills system. The panel was right to advise on improvements that could be made, as the hon. Member for Stoke-on-Trent Central (Tristram Hunt) has just said. Improvements were needed after flaws were spotted following changes made in the last Parliament. The system is over-complex, with a confusing array of courses and qualifications that are insufficiently linked to the world of work and the needs of employers. Lord Sainsbury and the Government were right to accept the panel’s recommendations in July 2016 and publish a post-16 skills plan setting out their vision.
The proposals are about boosting technical education to make sure that it is of high quality and responds to employer needs, and the introduction of a new insolvency regime to protect students’ interests. Such things matter. In Kent, we have long had a problem with an institution that has variously been called K College and South Kent College. It suffered from debt problems and, frankly, ate principals. The problems were so deep-set that every now and again the principal would be sacked and the college would be renamed, but the whole thing would continue. The fundamental problems were the big debt overhang and the teaching of courses that employers did not want—courses that did not have the relevance to learners that is completely necessary. That is why the focus on good-quality technical education and information sharing between colleges and local authorities is so important. It is important for everyone—local authorities, employers and educationists—to work together and make a good job of it, because when they do so, learners benefit.
K College finally collapsed in a heap of debt, and it had to be sorted out during the last Parliament. It basically had to be broken up. Part of it was taken over by Hadlow College and part of it by East Kent College. We were able to reset and restabilise the whole situation, but doing so was difficult and took a long time. There was no real process for doing so, because there was no proper insolvency reconstruction mechanism. That is why this Bill is important. It will put in place a proper process, rather than haphazardly trying to make everything work and gluing it all together, and it will ensure that there is a focus on the kinds of skills that learners need.
In my constituency, the East Kent College campus in Dover was threatened with closure as part of the reconstruction. I fought against that for the very simple reason that many people have a low capital base, low household wealth and low aspiration, and they simply would not travel further out of Dover for skills education. That is a real concern, and we made the case for keeping the Dover campus because the skills it taught were more in keeping with the jobs available in the local economy.
The most important thing we can all do for our young people and our learners is to provide ladders in life—to raise the bar of aspiration and to tell people, “You can succeed and achieve, and you can do really well in life. If you go to college and learn some skills, you will do better, and you will achieve and succeed.” The most important thing to do, particularly for this Conservative Government who are so committed to the new meritocracy, is to allow people to climb ladders in life at any time.
Much has been said about whether we should have skills education from 14, 16 or 19, but we need skills education to be available at any point in life. We need the ladder to descend at any time. Many people with a difficult home life are not able to achieve and succeed in the usual exams—in school at 16, with A-levels at 18 or for a degree course at 21—and many people who have simply been slow to grow up have spent their teenage years less formatively than they might have done and with people who have not necessarily been a good influence on them. For those who have had such a life, but who suddenly wake up at 21 and 25, a ladder should descend for them to climb. Skills education is not just about the teenage years, but about lifelong learning because everyone should be able to climb the ladder of prosperity and success at any time.
For me, it was important to make sure that we kept the Dover campus of K College, which is now part of East Kent College, and to make the case for a new FE college in Deal—I also represent Deal—which suffers from so many of the same issues of low aspiration. In such ways, we can raise the bar and give people greater aspiration and life chances. That will enable them to find it easier to climb the ladders in their home communities —to get more skills and get better-paid jobs in the areas in which they live—without having to move away, as so many do. I am very passionate about such things, because we need more further and technical education in our towns, particularly coastal towns such as Dover and Deal, which too often suffer from less aspiration than they should.
I feel very strongly that we must focus on and do more about building an aspiration nation, with such ladders in life and life chances, and with proper processes for when things go wrong. That is why I think the Bill is fundamentally a good thing.
Lucy Powell (Manchester Central) (Lab/Co-op)
It is a pleasure to follow the hon. Member for Dover (Charlie Elphicke). It is a rare treat for us to agree on something, but I did find myself shouting, “Hear, hear” about his comments on adult education. All of us in the House would applaud that, but I urge him to look at what has happened to adult education during the past six years, because I am afraid that that ladder has been well and truly kicked away for many of the people wanting to get such skills later in life.
It is also a pleasure to follow my hon. Friend the Member for Stoke-on-Trent Central (Tristram Hunt). I entirely agree with much of what he said, especially about how we should tackle some of the deep-rooted causes of inequality and of the lack of social mobility in this country. To the issues he raised about the quality of early years education, which is so critical, and technical and vocational education, which we are discussing today, I would only add that we need enough quality teachers teaching all our children, but especially the most disadvantaged.
It is worth pondering for a moment, if you do not mind, Madam Deputy Speaker, that we should have been in the Chamber this evening to discuss a different education Bill—the education for all Bill, which was going to force all good and outstanding schools to become academies against their wishes. The Technical and Further Education Bill was only meant to be a small part of the bigger education for all Bill. I am glad we are not discussing that Bill, because it would have been a terrible mistake to force good and outstanding schools, against their wishes, to become academies, when we simply do not have the capacity, oversight and accountability in the system to tackle such a change. We all have to admit that in its place, we are left with a much-reduced education Bill. None the less, it contains some important principles, as others have said. I welcome the extra focus on post-16 vocational and technical education and the extra support the Government are giving it. As my hon. Friend the Member for Stoke-on-Trent Central said, we should all welcome the direction of travel.
I want to raise a couple of issues with the unintended consequences of the Sainsbury review and how it is being implemented, including through measures in the Bill. I worry about the idea that, at 16, someone should choose either an entirely technical education or an entirely academic education. That is more akin to the grammar school era of the 1950s and ’60s than today’s world of work and modern economy. Most of the jobs that we need today and will need in the future involve a blended mix of academic and vocational education. They require general applied qualifications, where those two streams come together. As many Members have commented, that is exactly what the best university technical colleges and further education colleges provide—highly academic and highly technical education alongside one another.
Peter Kyle
My hon. Friend mentioned joint pathways being undertaken by the same further education institutions. She might like to know that the secondary school where I am chair of governors has a construction academy attached to the main academy. We do everything from elite sport right through to construction and vocational pathways. It is all prestige and all rooted in academic and vocational attainment, all under one roof. We can do it from the beginning right through to further education.
Lucy Powell
I thank my hon. Friend for that excellent intervention. It sounds like just the sort of institution we should explore further and support.
As I said, many of the jobs that we need today and will need in the future require both types of education. The pathways into professions such as nursing, engineering, health and social care and many more require a blend of general applied and academic education, as well as technical and vocational education. That will be especially true in post-Brexit Britain, where the supply of such workers is likely to be reduced further, particularly in nursing, social care, health and engineering. Closing down those pathways at this point in time could have serious unintended consequences.
It is a well-trodden pathway for people to go to university to study nursing, health and social care or engineering with an applied general academic qualification and some technical BTEC qualifications alongside it. That pathway is highly regarded by universities. We should be careful about closing down that pathway, because if Ministers look they will see that the vast majority of the tens of thousands of undergraduates who come into the system through that route have that blended mix of academic and vocational qualifications.
Rob Marris
My hon. Friend is making a powerful case. We need to think about technical education not just for the jobs of tomorrow, but for the jobs of the day after tomorrow. I am considerably older than her and my hon. Friend the Member for Luton North (Kelvin Hopkins) is a little older than me. When he entered the workforce, let alone when I did decades ago, many skilled jobs existed that do not exist now, such as in printing. Typesetting basically does not exist now. The world has changed and we have to equip the coming generation with not only the skills they need now, but the flexibility to adapt to what the workforce will look like, inasmuch as we can foretell that, in the next 30 years.
Lucy Powell
My hon. Friend makes a great point, although I do not want to get into the relative ages of Members here. But I look at my own children and think of the world of work ahead of them. We perhaps have an old-fashioned view of jobs such as engineering—engineers come in all shapes and sizes now, from digital engineers, sound engineers and construction engineers to the other types of engineer that we may know about. A key issue with the productivity gap we are facing in this country is the problem we have in applying technology and technological advances in small and medium-sized companies.
I want children from Manchester Central to have exactly those types of skills; they will therefore need literacy, numeracy and other academic qualifications but also education in digital engineering and many other technical areas. The combination of the two will be the route for so many, and for all jobs in the future—I firmly believe that. I look at my own son, who I think will want to be an engineer one day; he is highly technically able—he has great skills there—but is highly academic as well. I want him to have the option to do both right through till 18.
The Minister seems to recognise the issue here, as he has recently the launched degree-level apprenticeship scheme, which I welcome. However, the tiny numbers involved in that scheme can in no way make up for the tens of thousands already going through the university vocational pathway. I hope that he is not falling foul of the same ideological dogma that his colleague the Minister for Schools and a previous Secretary of State for Education perhaps fell for in trying to cut away entirely the university professional pathway into teaching. As the Minister will know, that has in no small part caused the recruitment crisis in the teaching profession; stripping away the university pathway to teaching has meant that teacher supply is now at crisis point. I know the Minister, and so know that he is a lot more pragmatic than some of his colleagues; I urge him to watch the situation carefully, and make sure that these well-trodden routes—both academic and vocational—into professions remain very much open for our young people.
I will touch on a couple of other points that have already been raised. My hon. Friend the Member for Stoke-on-Trent Central raised resits. I concur with him entirely. We have to look again at the enforcing of required resits post 16. In many cases, less than 50% of children are passing those GCSEs the second time around. Many FE and post-16 institutions are struggling to get in the teaching skills needed to get children through GCSEs, as that is not something they are used to doing. The size and nature of the maths and English curricula make them increasingly difficult for some children to pass, and they are not necessary for the types of careers those children may want to go on to.
Like my hon. Friend, I entirely support the notion that children should do English and maths right through to the age of 18, but the Minister should clarify what will be required for resits. Will it be a level 4 or a level 5? I understand that it is a level 4 this year and next year, and will then go to level 5. We do not know what is happening; never mind parents and children, what are employers to make of that?
Finally, we should not have this debate without looking at the international comparisons for our funding levels for 16-to-19 education in this country. We compare really badly with our OECD competitors: we do well in terms of funding from five to 16, but then there is a significant dip in per-pupil funding. After that, funding goes through the roof for those who make it to higher education. We need a better and more consistent funding stream. The transformation we need in this area will be achieved only when we couple this sort of reform with funding.
Karin Smyth (Bristol South) (Lab)
For too long, technical and vocational education has been seen as the poor relation to academic education, so I welcome the Secretary of State’s commitment, in her speech last week, to bring the “same lens and focus” to the technical education routes that most people follow. Perhaps more than many hon. Members, I know the importance of technical education because my constituency sends fewer of its young people to higher education than any other, although we have a lot of young people in further education and on apprenticeships. That is the genesis of my interest in, and passion for, this issue and the Bill.
I want the Government to succeed with their ambitious target of 3 million apprenticeships. I also want the Government to succeed with the Bill because I believe its spirit is well placed. Its basis is sound, too, and I welcome the fact that it aims to deliver the recommendations of the Independent Panel on Technical Education, chaired by Lord Sainsbury, but—it is important for an Opposition party to have a “but”—I am concerned about a number of issues. I want the Bill to work for the people of Bristol South, so I want to use this contribution to seek some clarity from the Government.
The Institute of Apprenticeships and Technical Education will have a huge remit. I support its aims and will help to support its success, but I would like more detail about how it will deliver its remit in such a short timescale, especially as the Institute for Apprenticeships is currently operating without a permanent chief executive. As a member of the Public Accounts Committee, which looked at proposals for apprenticeships, I believe that there is a danger that the reform could suffer if the new institute’s remit also includes sweeping changes to technical education. Will the Minister assure us that such fears are groundless and that the institute’s “lens and focus” will remain rigorous?
As the Secretary of State acknowledged last week, the way in which we as a country help young people to fulfil their potential and use their talents will become more important than ever in post-Brexit Britain. My hon. Friend the Member for Stoke-on-Trent Central (Tristram Hunt) considered the positives that Brexit might bring in this area, but they will be something of a challenge. We all know that in any period of change and transition there is a danger of focusing only on future beneficiaries and neglecting those already in the system, especially if the existing system is flawed. I would therefore like assurances that my constituents who are going through the system will not lose out in the transition to the new framework.
It is important to consider those who stand to gain in the future: young people who are currently in school, and their parents and carers who want to help them to navigate and plan for their futures. What are the Government doing to ensure that those who will encounter the new system receive the guidance and advice they need now so that they will not lose out when the new frameworks and assessments are introduced? My concern stems from a number of new provisions, particularly in relation to university technical colleges. Parents are not involved in these discussions. As a parent of three boys in secondary school, it has been eye-opening to find out how little information gets to parents and how little we understand about the future of our own young people. We cannot allow those who lack the necessary prior knowledge to navigate the system to flounder, so will the Government please provide proactive support and guidance? How will they do that?
I take issue with the idea in the Bill that employers should be at the heart of the system. Surely it is students—young people themselves—whose interests must be at the heart of any Bill that seeks to improve their opportunities.
On social mobility, I have explained that my constituents’ interest in this matter runs deep, not least due to our low take-up of higher education, but there is more to it than that. I welcome the introduction of the 15 vocational pathways but, given that I represent a constituency in which 80% of apprentices are on schemes with the lowest wage differentials, I want to know how the Government will ensure that young people are doing vocational training, including apprenticeships, in the right areas, and that that training gives them greater earning potential and more career opportunities.
I also want to know how young people will access opportunities in areas where local providers struggle to improve quality, alongside dealing with their financial difficulties. As the Minister is aware, the Public Accounts Committee has looked closely at the sustainability of the FE sector and how apprenticeships can work when providers are struggling. Some of the 15 routes appear to be apprentice-only openings but, as we know, many employers will not countenance taking on a 16-year-old apprentice. Additionally, what careers advice will be available to young people in my constituency to ensure they are best advised on which pathway to follow? I would welcome more clarity on the process for switching between academic and the technical routes, which I raised with the Government last week.
Finally, I appeal to the Government to make the revised system as easy to navigate as possible for young people, and their parents and carers. Much work has been done in recent years to make academic pathways easy to navigate, but we need to take the chance the Bill presents to ensure parity of transparency and ease of navigation for those pursuing this all-important technical route.
Nic Dakin (Scunthorpe) (Lab)
It is a great privilege to follow my hon. Friend the Member for Bristol South (Karin Smyth), who rightly set the Minister a series of challenges around pathways, transparency, equivalency and all those sorts of things. She raised very important issues.
Drawing on the Association of College’s key facts and figures, I will begin by reminding the House of the value of colleges and their contribution to the country. Colleges provide a range of education and training, helping to provide skills and qualifications to students entering the workforce. Colleges educate and train 2.7 million people, including 1.9 million adults, and 744,000 16 to 18-year-olds choose to study in colleges. Almost every general further education college offers apprenticeships, with 306,000 people choosing to take one in a college. Some 153,000 people study higher education in colleges, and students aged 19-plus in further education generate an additional £70 billion for the economy over their lifetimes. It is worth reminding ourselves of the great contribution that colleges make.
I declare an interest as someone who has led a college—back when I had a real job—and therefore knows the nuts and bolts of doing that. John Leggott College in my constituency, which I was privileged to be principal of, is still doing a cracking job locally, as is North Lindsey College, the general FE college. These colleges make a real difference to people’s lives day in, day out. However, the funding challenges that colleges face are very real: a 17% cut in sixth-form college funding since 2011; and a significant squeeze in adult education funding, as my hon. Friend the Member for Manchester Central (Lucy Powell) set out earlier.
I have high hopes for the Education Secretary, the first Secretary of State to have been educated in a comprehensive sixth-form college, but when she says that area-based reviews are already putting the sector on a sustainable funding footing for the future, I fear that she is being over-optimistic. The area-based reviews have reported, but nothing has really happened as a result. Indeed, if the funding cuts continue and the autumn statement does not contain a commitment to the 5% increase in college funding that the AOC is calling for, the challenges facing colleges will remain significant. I therefore do not think that area-based reviews will be the cavalry coming over the hill.
We have seen under this Government a plethora of confusion in post-16 provision. Area-based reviews did not look at the new university technical colleges or post-16 provision in schools. We have a complete hotch-potch: free schools, studio schools—a whole mess has replaced the preceding coherence.
I am in favour of university technical colleges where they are needed, but if a college is established as additional capacity in an area that does not need it, that creates much more inefficiency. It is not good enough for the Government to continue to fund such colleges more generously on the basis of estimates rather than real numbers. We see problems in these areas that we all know about as politicians—even in times of austerity, we can fund our pet projects—but it should not be like that, because that lets our young people down.
The insolvency scheme introduced by the Bill is probably not necessary, but we will need to see how it develops. The Sixth Form Colleges Association is concerned that it might create unintended consequences in the way banks lend to the sector, so we need to make sure that the right conversations take place between the Government and the banks. We would not want the policy to make it more difficult for colleges to go about their business.
Let me pick up one or two issues that hon. Members have raised, starting with the debate over GCSE C grades in maths and English, and the matter of functional skills. When I was principal of a college, all our students did either English and maths GCSE, or functional skills. They are both good, solid qualifications, but overall it was the opposite of the holiday postcard: there was a very different feeling from “Wish you were here” in maths and English classes. Thankfully, however, and thanks to great maths and English teachers around the country, the situation has been transformed, and people now do quite well when they resit maths or English post-16. The post-16 sector has always had bespoke qualifications that are appropriate for an older age group studying additional qualifications alongside them, rather than a system of merely repeating what was done at the pre-16 level. I ask the Minister to think carefully about functional skills because it seems that they are being put to one side. If the Minister is going to correct that, it would be very helpful, because that is certainly felt outside this place.
The hon. Member for North Swindon (Justin Tomlinson) is pursuing a good campaign on getting apprenticeships for young people with learning challenges, which I support. He cited the example of what is happening in the hospitality sector. My example would be a young constituent who recently contacted me. She has level 2 functional skills, which she achieved with great effort during her time in college. She is now doing a level 3 apprenticeship, but she has been told that she has to get a grade C in English GCSE and that her level 2 functional skills will not count. I hope that the Minister will confirm that he will brush that aside, because that seems like unnecessary repetition for a young person who has worked extremely hard. Instead of following the route suggested by the hon. Member for North Swindon, things seem to be going in the opposite direction, so I encourage the Minister to find ways to address the situation
That brings me to the key point I want to focus on: the nature of applied general qualifications. As my hon. Friend the Member for Manchester Central said, those qualifications are crucial so that young people can work towards the professions and jobs that will be needed when an ever-changing workforce face ever-changing challenges. Paragraph 2.18 of the “Post-16 Skills Plan” states:
“We plan to review the contribution of—
applied general qualifications—
“to preparing students for success in higher education; what part they can play in a reformed system; and the impact any reform would have on the government’s ambitions on widening participation. We will announce our decisions later in the year.”
Well, it is quite late in the year already, and those qualifications are crucial because of the way in which they work. They are combined with other qualifications: a student might study for a BTEC alongside an A-level, for instance. That combination gives students flexibility, enabling them to gain applied general qualifications as well as academic qualifications, and to move forward positively and successfully.
I know from my own experience that those qualifications have allowed young people who might not be suited to a full programme of three A-levels to find a successful model in an area in which they are interested and to which they are committed, with good, strong progression routes. I am anxious for us not to end up, in the course of our entirely proper search for more rigorous and effective technical education, throwing the baby of strong applied general qualifications out with the bathwater.
I know that the Sixth Form Colleges Association has been convening round tables of practitioners and arranging for members of the Department to visit sixth-form colleges to see the good work that is going on there, but I urge the Minister to champion applied general qualifications and the role that they can play for young people in driving up standards and developing progression routes. I hope that he will also give us some idea of when the review mentioned in the skills plan will take place, and when it is likely that a report will be produced.
Peter Kyle (Hove) (Lab)
It is a pleasure to follow my hon. Friend the Member for Scunthorpe (Nic Dakin), who shared with us his professional experience of guiding many young people towards the paths that they need to take. It is a shame that we have not given greater priority to further education in the past, because the skills challenge that we face remains acute, as it has been for a very long time. My hon. Friend the Member for Ashton-under-Lyne (Angela Rayner), the shadow Minister, shared with us her own rocky path from secondary education to a career and secure work. A number of people find it a difficult path. That is the challenge that the Bill seeks to meet, and many of us are supportive in respect of both the path and the challenge.
I left my school in Bognor Regis—ironically, the constituency of the Minister for School Standards—with almost no usable qualifications. I had to return to secondary school at the age of 25 to obtain the qualifications that I needed in order to return to the education system. I know from first-hand experience that for many young people, the door to education is slammed shut and needs to be broken down. We all tend to assume that the doors to education, and indeed to all our public services, are open all the time. I am very keen to remind Labour Members, as well as others, that doors are often shut and that it is our job to break them open, rather than expecting individuals to remove the barriers to getting the best out of our public services the first time round without waiting for the second.
Kelvin Hopkins
My hon. Friend is making a strong point. Some years ago, funding for adult education at sixth-form colleges was taken away. Excellent teachers and wonderful facilities are no longer used in the evenings, which used to enable adults to go back and take A-levels, for example, and possibly go to university after that. The door was shut very firmly some years ago, and it should be reopened.
Peter Kyle
My hon. Friend makes a good point.
This door being slammed shut, often in the faces of young people who do not have the skills to break it down or a background that encourages them to break it down, is one of the reasons why we have ended up with a society where those who are asset-rich will succeed in life and those who are talent-rich but asset-poor will very often not succeed. That is why it is incredibly important that we get this Bill right. It is of paramount importance for the Government’s plans for technical education, apprenticeships and the apprenticeship levy, which is now only a matter of months away from being launched.
It has long been my view that the levy as currently formatted is too rigid to fully take into account the skills challenges facing our country. When taking evidence on the issue of skills as a member of the Select Committee on Business, Innovation and Skills and as chair of the all-party group on further education and lifelong learning, it became clear that some sectors will struggle with the way the levy is currently formulated. The technology sector, for example, needs to invest very early, right back to the early years. I have visited many technology companies that are investing in nursery and primary education, and in secondary education. It is a sector that needs programming skills, and it needs imagination, flair and creativity in the way that people develop those skills. Often in such sectors post-16 is just too late. I support the apprenticeship levy, but we need to get it right, and if we are not careful we will end up with a perverse incentive in the system whereby technology companies are forced to invest in post-16 education, and in order to pay for it they will be withdrawing their support for pre-16 education, which would be a tragedy for our economy, particularly in the post-Brexit era when we might find that such companies struggle to secure investment and recruits from abroad with the right skills. We are entering tricky territory and we need to get this right first time. On mention of the word “Brexit”, I am very pleased to see my hon. Friend the Member for Luton North (Kelvin Hopkins) is still in his place.
It also concerns me that existing spending on employer-sponsored degrees or graduate schemes will not be recognised by the levy. That risks closing those routes in favour of what could be entry-level apprenticeships in order for companies to get back what they pay for the levy. The Bill creates an institute for apprenticeships that also covers technical education. I want to see that institute play a strong role in ensuring that standards remain high in apprenticeships and technical education. I still have real concerns that the levy, along with the Government’s pledge to have 3 million apprenticeship starts—starts, not completions, I note—risks incentivising a dash for quantity rather than quality.
I listened with great interest to the hon. Member for North Swindon (Justin Tomlinson), who made a fantastic contribution about the role of apprenticeships in providing productive pathways into the workforce for people with disabilities. At a recent surgery I was visited by the mother of a young woman who is trying to apply for an apprenticeship. She has a very specific disability that has always prevented her from succeeding in maths. It is an extremely difficult disability for her to live with, but all through the education system she has been provided with specialist support and allowances that have enabled her to succeed. However, she cannot apply for any apprenticeships because she does not have the maths qualification. She is applying for a dog grooming apprenticeship. It seems absurd to me that she is prevented from taking this incredible pathway into work because of her disability. I have raised this with Ministers in writing, and I hope that in his winding-up speech the Minister will show a willingness to inject a little common sense for those few people who struggle with the current system. Although this has an impact on very few people, it is a profound impact.
I have pressed the previous Secretary of State and the previous Minister for Skills on these matters. I should like to join other Members in wishing the hon. Member for Grantham and Stamford (Nick Boles) well. He stood as a parliamentary candidate in Hove in the 2005 general election, in which I played a key role in the winning candidate’s campaign. I got to know the hon. Member well at the time, and I say with all sincerity that I and all those who worked on the campaign wish him a very speedy recovery.
I pressed him and the then Secretary of State to introduce a target for the number of apprenticeship starts at level 3 and above, because that is where the training will really address our skills needs. It is nice to know that someone has been reading all the parliamentary questions that I have been submitting on this subject, because the Policy Exchange’s report on apprenticeships, which was released on Friday, calls on the Government to do just that. I hope that the present Minister will take heed of that report. I would support him in embedding targets for quality as well as quantity in the Government’s plans.
I have also pressed the Government to set a target for apprenticeship completions, which I am sure we all agree is the key figure. There is no point in getting 3 million people to start apprenticeships if a significant number of them simply drop out. The Minister has not previously shown any interest in setting a target for completions, but I noted that the Secretary of State was more conciliatory on this point when responding to an intervention today. I hope that means that the door is still open and that such a target will now be considered.
The Institute for Public Policy Research report calls for an assurance that the Institute for Apprenticeships and Technical Education will have the necessary resources and power properly to enforce quality standards. I totally agree with that. Only last week, I asked the Minister for details of the staffing levels for the institute. I hope that we will get clear answers to these questions during the passage of the Bill. Given the imminent closure of the UK Commission for Employment and Skills, which did a great deal of work with employers to utilise labour market information to map out skills gaps and sectoral needs, it is vital that the institute is able to fill that void. If it cannot, we will be much worse off.
The Bill also introduces a new insolvency regime for FE colleges, with the aim of protecting students if such an institution should become insolvent. The Government say that this follows on from the area reviews, which aimed to ensure that all FE colleges within a certain area were on a solid financial footing. In Brighton and Hove, we are lucky to have three excellent colleges: BHASVIC, City College and Varndean College. Our area review, covering Sussex, started last year, but despite an expectation that the final report would be published some months ago, it still has not seen the light of day. I hope the Minister can offer some reassurance to me and my neighbouring MPs, as well as those in other areas who are waiting for their reviews to be published, that they will be released shortly. Providers and students are anxious to know what the future holds for the institutions in which they work and study. In the Budget in March, which feels like a very long time ago, the Government pledged to
“review the gaps in support for lifetime learning, including for flexible and part-time study.”
Will the Minister update us on that, too. When can we expect the results of that study?
I welcome the Bill as a chance to focus on technical and further education, which often feels neglected in the overall educational landscape in this place and beyond. However, the Bill and the Government’s policy priorities leave a lot of questions unanswered, and I hope that the Bill’s passage through Parliament will give us a chance to remedy that.
Kelvin Hopkins (Luton North) (Lab)
It is a great pleasure to speak in the debate and to follow my hon. Friend the Member for Hove (Peter Kyle). He is currently the chair of the all-party parliamentary group on further education and lifelong learning—a job that I had many years ago. I have had a long association with the further education and post-16 sector. I taught in further education more than 40 years ago, and while I was teaching a basic statistics course I discovered that one of the major problems with education in Britain is the poor level of mathematics teaching. The students I taught had difficulty with basic computation, multiplication and division. I found that quite shocking at the time, but the problem has continued.
Some 20 years ago, the great Lord Claus Moser produced a report on numeracy and literacy, finding that more than 50% of the population was functionally innumerate. He illustrated that point by saying that 50% of the population did not understand what 50% meant, which is quite surprising—if not shocking. More recently, I asked the former Secretary of State, the right hon. Member for Surrey Heath (Michael Gove), why we were having to recruit so many qualified engineers from abroad and he said that it was because our mathematics is not good enough to produce sufficient engineers. There is a serious problem.
Rob Marris
Does my hon. Friend agree that part of the problem with mathematics is down to English culture? It is still acceptable for people to say words to the effect of, “Ooh, I don’t do maths,” without that being seen by their interlocutors as an admission of abject failure. It is just seen as a bit of a joke. It is a cultural problem. This is about not only the education system, but our culture, particularly in England. It is appalling.
Kelvin Hopkins
I agree with my hon. Friend, but it is changing and I am optimistic about that. People such as me who are good at maths are regarded as being a bit of a geek, but what is wrong with being good at maths? In the country of Isaac Newton, Isambard Kingdom Brunel and Alan Turing, why should we be ashamed of being good at maths? That is being addressed, but we are still having to recruit thousands of engineers from abroad because people cannot do the maths to become engineers through our education system.
As I said, I taught in further education 40 years ago, but I also spent four years as chair of governors at the then Luton College of Higher Education when we were producing hundreds of qualified engineers doing ONCs, HNCs and then AMIMechEs and so on. They were good engineers and they could do the maths. It may just be that we have declined in some areas because the manufacturing demand is not as great as it was. We are now trying to pick up the manufacturing sector again and we are realising that we have missed out on maths.
I am happy to say that Luton College of Higher Education went on to become the University of Luton and then the University of Bedfordshire. The vice-chancellor is now Bill Rammell, a former colleague in Parliament, and its chancellor is Mr Speaker—the greatest honour of all—and I am absolutely delighted about that. I have also been a governor of the superb Luton Sixth Form College for 25 years. It does brilliant work and gets better and better every year.
Barnfield College is also in my constituency. A dozen or so years ago, it was the first ever general FE college to be given beacon status, but it went into serious decline and wound up almost collapsing into a state of failure a year or two back. It has now been picked up by its great new principal Tim Eyton-Jones and I am sure that it will be revived, but it needs Government support. It should never have been allowed to get into that situation. The neglect of colleges was criminal. Barnfield is now on the up and will be great again, but it needs the active support of Government, particularly in finance.
In Parliament, I was for some years chair of the all-party parliamentary group on further education and lifelong learning—lifelong learning is also important—but I am now chair of the all-party parliamentary group on sixth form colleges and am pleased about that. Colleges in general, FE colleges in particular, have been neglected over decades. Colleges represent an abused sector of education, and one reason for that is that so many people in the political sphere have no connection with further education. They go to posh schools—grammar schools, public schools, whatever—and then to university. Indeed, some become special advisers—a former Spad is in our midst now—and then go into politics never having touched further education or understood what it is about.
Rob Marris
Does my hon. Friend recall the reorganisation of Government Departments in about 2007—sadly under a Labour Government—when the Department for Innovation, Universities and Skills was set up? It took a week for the Government to realise that they had not put further education in either of the two possible Departments.
Kelvin Hopkins
There is another story, which may not be true, about what happened when incorporation was introduced in 1993. When the legislation was going through, the then Education Secretary was asked what was going to happen to sixth-form colleges and he said, “Oh, shall we put them in the FE sector?” It was a last-minute thought just to drop them into that sector. Sixth-form colleges are really schools and had they stayed with the local education authorities, we would by now have a lot more of them because LEAs would never have given away all the sixth-forms from their schools to create new sixth-form colleges because they were a different, independent sector.
Unfortunately, LEAs, and indeed, councillors are possessive about their institutions and do not want to give them away. I have experience of that, because when I was chair of governors of the Luton College of Higher Education, we had a battle royal to get that college into the higher education sector—out of LEA control and into the Polytechnics and Colleges Funding Council. The chief education officer threatened to sack the college principal for pursuing that avenue, and I had to intervene to say to the CEO publicly, “If you sack the principal, you will have me to contend with and I will fight you all the way.” He backed off and we got what became the University of Luton and, subsequently, the University of Bedfordshire. LEAs are, understandably, possessive and they are not going to give away their sixth-forms to move towards sixth-form colleges. Had they done that, our education system would be much better, but that is another story.
Simon Hoare (North Dorset) (Con)
The hon. Gentleman makes an important point about people’s understanding or experience of the FE sector, but may I just invite him to reflect on the statement he made a moment or so ago? He said that the Conservative Benches are full of posh boys and girls who went to posh schools. A good four or five of us sitting on the Parliamentary Private Secretary Bench this afternoon paid no fees at all for our education and are products of state school, hard work and good teachers.
Kelvin Hopkins
I thank the hon. gentleman for his intervention, but I think the majority of Members, probably on both sides of this House, have not gone through the further education sector. A small number have, and they understand this, but a high proportion are not very familiar with FE and the vast contribution it makes to our society, in all sorts of ways.
Karin Smyth
I agree with my hon. Friend. I went to an FE college to do my A-levels, but what he is saying applies not just to politicians, but to people in our media, our legal establishment and throughout other walks of life. They do not have experience of going through that sector, which means that it is often the forgotten sector.
Kelvin Hopkins
I agree with my hon. Friend about that, and of course another cultural factor is the fact that we are not aware of things. As my hon. Friend the Member for Wolverhampton South West (Rob Marris) says, there is this idea that mathematics is something we do not do; we say, “Oh, I can’t do maths”. People do not boast about how they cannot read. I want to make sure that everybody can read, and we should have adult education to make sure that everyone can. There is a problem with our mathematics, and I invite Ministers and shadow Ministers to visit the wonderful sixth-form college where I am governor to find out how to do things well, because so much that goes on in our college is brilliant.
Lucy Powell
My hon. Friend is making some good points. I did an A-level in not just maths, but further maths. [Hon. Members: “Ooh!”]
Madam Deputy Speaker (Mrs Eleanor Laing)
Order. The House is going to defend the hon. Lady. We have heard hon. Gentlemen say that this is something about which we should not laugh, and nor should we
Lucy Powell
I find myself feeling how I did during my A-levels, when I was the only girl in the class doing science A-levels—it has taught me well for this place. Does my hon. Friend the Member for Luton North (Kelvin Hopkins) agree that the issue of maths teachers is now a looming crisis in this country? Someone who has a first or a 2:1 in maths is a very desirable potential employee, and therefore the teaching route is just not as attractive as it once was and we are facing a crisis in maths education.
Kelvin Hopkins
My hon. Friend is absolutely right about that. One of the most interesting things about Britain is that we produce more accountants than almost any other country in the world. People who are numerate can become an accountant and with an accountancy qualification they can earn a lot more money than they can by being a teacher. An accountancy friend of mine said years ago, “The reason we have so many accountants in Britain is that we are so bad at maths, we need accountants to do our work for us—our tax returns and so on.” I am digressing.
Oliver Dowden (Hertsmere) (Con)
The hon. Gentleman mentions teaching, and I have been waiting patiently for him to refer to his own experience of teaching at the excellent Oaklands further education college, to which many of my constituents send their children. As a comprehensive-educated special adviser, there I got a lot of experience of the excellent education one can get at a further education college.
Kelvin Hopkins
Indeed. In my day, it was certainly an excellent college and we did our very best.
I keep digressing from the points I am trying to make. One problem we have is that we try to pick up problems in mathematics post-16, in further education—as shown in Alison Wolf’s report—when the real problem is lower down. If someone misses out on maths in primary education, they will have much more serious problems later on. Picking it up later is much harder than picking it up at six, seven, eight or nine. My two granddaughters are studying at a wonderful school, and they are very good at maths. One was doing her long division, or whatever, yesterday, and she got everything right, because they are being well taught now. I hope that that will feed through the system, but it certainly was not the case all those years ago when I was teaching.
At the sixth-form college—I hope that this can happen in FE colleges as well—we are putting massive resources intensively into retakes for GCSE maths. The retake results, as in most places, were appalling until about two years ago; then we introduced a system with extra resource and the best possible teachers and we doubled the pass rate for GCSE retakes. That means that many more youngsters can go off to university or to apprenticeships with a maths qualification at A to C. It can be done, but it is hard work and takes more resource. I hope that the Government will recognise that. If they want to get the maths results up post-16, resource has to be put in. That means recruiting more teachers and ensuring that we have the best teachers teaching maths—people like my hon. Friend the Member for Manchester Central (Lucy Powell), who feel comfortable with the subject. Someone who is comfortable with maths is more likely to be a good teacher of maths than someone who feels uncomfortable or who has it as an add-on to something they have been doing elsewhere.
There are many other points I wish to make, but some have been made by my hon. Friends and by honourable colleagues on the Government Benches. The contribution that sixth-form colleges must make to our communities and our economy is vital for our future. If we do not get it right, we will not have the successful future we should have. We will see a declining scientific and technical culture, which we cannot afford. We must ensure that our maths is good and that our maths teaching is good at every level. Picking it up in further education has to be done, even though it is difficult, and I support Alison Wolf and her report, but we have a long way to go to ensure that we catch up with some of those other countries.
David Rutley (Macclesfield) (Con)
I must declare that I, too, am a comprehensive-educated special adviser from a long time ago, which may be familiar to you, Madam Deputy Speaker. We will move on from that. I spent many years in business, too, and that is why I am pleased to be able to speak in this debate.
Before I get to the meat of my remarks, I want to join my hon. Friend the Member for Dover (Charlie Elphicke) and the hon. Member for Scunthorpe (Nic Dakin) in recognising the important work that FE colleges do throughout the country. In Macclesfield, we have a great principal in Rachel Kay, who is moving things forward. That is great.
There have been lots of interesting developments over the past few months. Following on from Brexit, there has been Trexit—we might want to think what is Nexit—[Hon. Members: “Oh!”] It took a while. It is not clear what will happen, except that it is clear that there are vital lessons we need to learn. One lesson I took away from the referendum campaign and from Brexit was that there was an underlying concern from many people across the country about the impact of immigration.
As I spoke to people during the referendum campaign, it was clear to me that the concern ran deeper than just that. There was a sense of insecurity and a desire for greater security about jobs, work and prospects for the future. Those concerns will not be addressed by changes to immigration policy alone. That is why the Government are right to take a more comprehensive approach, a more comprehensive response, working to enhance an industrial strategy, continuing with welfare reforms, and pressing ahead with plans to address the skills gap that has been too prevalent for far too long. That is why this Bill is so important.
Since being elected in 2010, I have often spoken in the House on the importance of social mobility. I want to see more first-time entrepreneurs, more first-time employers, more first-time exporters and, crucially for those from the most challenging backgrounds, more first-time employees. A strong focus on those four roles, the four E’s, as I call them, and on motivating people to take on those roles, especially for the first time, delivers the key to economic success.
Progress in technical and further education and in apprenticeships is vital for the life chances of those seeking first-time employment. I therefore strongly support the Bill. I support it because it seeks to open clear, defined, aspirational paths to success, and it has the potential to help create much-needed parity of esteem between academic education and technical education, as has been talked about during the debate. That is further evidence that we on the Government Benches are the real workers party and that my right hon. Friend the Minister for Apprenticeships and Skills is at the vanguard of that movement.
Madam Deputy Speaker (Mrs Eleanor Laing)
Order. We cannot have sedentary remarks and remarks from behind the Chair. That is simply impossible.
Lucy Powell
I apologise, Madam Deputy Speaker. I want to put it on the record that it was I who was speaking from a sedentary position. The Minister is indeed at the vanguard, but the only other discernible member of the Government is the Minister for the Armed Forces, who is standing behind the Speaker’s Chair.
The Minister for Apprenticeships and Skills (Robert Halfon)
May I make a quick point? As the debate has highlighted today, it is quality, not quantity, that counts.
David Rutley
Indeed.
The Bill is timely. After strenuous efforts to stabilise the economy following the financial crisis, the UK faces a new opportunity—and some challenges—in Brexit. If we are to make a success of leaving the EU, it is increasingly urgent that we tackle our long-standing productivity gap compared with other leading economies. The challenge is to upskill the existing and future British workforce. It is interesting that the Chartered Management Institute says that one in four jobs was left vacant in 2015, owing to skills shortages.
Kelvin Hopkins
The hon. Gentleman is right to focus on our poor productivity level, but poor productivity often results from the availability of cheap labour because employers are not forced to invest in modern technology. That is a factor in the equation. Low productivity and low-priced labour are a problem for us.
David Rutley
The Government have already put in place improvements to the national living wage and will do more in that arena. Productivity is about a lot more than wages. From contributions that the hon. Gentleman has made in previous debates, I know that he is fully aware of that, too. The situation is more complicated.
One in four jobs left vacant in 2015 were due to skills shortages. The CBI has found that one in five employers want candidates for jobs who not only have academic qualifications but can demonstrate other skills as well. So the Government must ensure that their efforts to close the skills gap inspire and motivate those who would gain most—those in training and businesses that need their skills. If we are to strive to achieve the greater parity of esteem that we have talked about and to get businesses actively involved in education and training, we need to motivate more young people who are planning to pursue the non-academic track to gain the skills that will transform their lives. Only then will we secure the prize of greater national productivity. Wages have a role to play, but so, increasingly, does motivating young people to want to acquire these skills.
The key to promoting technical training will be the Government’s drive to provide 15 clear routes to 3 million quality apprenticeships. These routes are set out in the post-16 skills plan, which was published in July. It is a strong plan; my hon. Friend the Member for Grantham and Stamford (Nick Boles) deserves real credit for setting it out, and I join the hon. Member for Hove (Peter Kyle) in wishing him a speedy and full recovery from his current health challenges. Those routes—or “occupational categories” as they are called in the Bill—will signpost such sectors as construction, catering and hospitality, and vital ones such as engineering and manufacturing. The obvious, recognisable nature of these categories will give young people the assurance they need that apprenticeships are, and will be, focused on delivering identifiable careers and are relevant to their own fields of vocational interest. Relevance is absolutely key.
Confidence in these routes as genuine career paths can be bolstered only by involving businesses in their design. Fostering links between business and schools, and between business and the rightly reconstituted Institute for Apprenticeships and Technical Education, has never been more urgent. The Government have taken the initiative in encouraging businesses to step up to the plate and to deliver employer-led technical education that addresses the skills gap. I hope businesses will now seize this opportunity—it is vital that they do.
The Bill should be seen as part of a process of going further in breaking down the barriers between education and business—between school lessons and work experience. I have talked to my right hon. Friend the Minister about this. We need to get more young people out of school and into business, and more businesses into schools and further education. Indeed, schools themselves need to be made more aware of the options for, and the importance of, motivating young men and women in the classroom about wider opportunities to develop skills and career options.
No one in the House wants schools to feel they are being imposed on by the Bill; we want them to recognise the benefits of the Bill for the futures of the young people in their care. It is important to establish, as set out in part 3 of the Bill, an information-sharing relationship between the Department, schools, academies, colleges and other providers. Businesses, too, will need to find it easy to engage with education providers to be motivated to participate. Those relationships will need to be forged—in some cases, from scratch.
Fortunately, there is good practice—from existing schemes to introduce business skills into schools—to learn from and extend. For example, Young Enterprise and Enabling Enterprise provide teachers with opportunities to link up with business, and supply model exercises in flexible, transferable life and work skills. Young Enterprise already has relationships with over 50% of secondary schools. I shall be interested to hear—although this is not directly relevant to the Bill; it relates to the wider issue of what we can do to engage and motivate people—what role my right hon. Friend believes these schemes will play in this vital area of motivating more people.
There is much more that we need to do to close these skills gaps. In South Korea, for example, there is a clear difference between the skills gap among 55 to 65-year-olds, nearly half of whom are low-skilled, and among 16 to 24-year-olds, who have a much higher skills base. In England, however, about 30% of the 16 to 24-year-old age group and the 55 to 65-year-old age group are classified by the OECD as having low skills. It is clear that we are not closing the gap for the different age cohorts, and the Bill will be fundamental in taking that work forward.
My right hon. Friend is absolutely keen to move things forward on social mobility and to play his part in the party for the workers, which he has helped to articulate in recent years.
Rob Marris
The hon. Gentleman is extolling the party for the workers, so does he agree that workers and workers’ representatives, and not simply employers, should be involved in institutions?
David Rutley
The hon. Gentleman makes an interesting point. The Prime Minister has already talked about how we should look at having workers on the boards of companies. Let us see how we can take that forward, and what role they can play.
My right hon. Friend the Minister has a role to play in taking the Bill forward, and he has helped to articulate it further. I wish him well in the work that he is doing. He has already done important work in securing extra funding for businesses that take on an apprentice who has grown up in care. That shows that he has real credibility in driving this agenda forward.
As Conservative Members seek to build a Britain that works for everyone, we must promote social mobility and open up young people’s horizons to new experiences and aspirations beyond their own backgrounds. The Bill is vital in taking that work forward. I hope that my right hon. Friend the Minister will also take the opportunity to learn ways to bring businesses into the classroom and help more young people get out into the world of work. The Bill is an important start, and I wish him well with it.
Gordon Marsden (Blackpool South) (Lab)
I thank everyone who has spoken today. We have had a thoughtful, productive and constructive debate. Among Government Members, I particularly welcome the comments of the hon. Members for North Swindon (Justin Tomlinson), for Macclesfield (David Rutley) and for Dover (Charlie Elphicke). The hon. Member for North Swindon is not in his place—[Interruption.] Oh, I am sorry; he is. I particularly want to congratulate him and my constituency neighbour, the hon. Member for Blackpool North and Cleveleys (Paul Maynard), on the work that they did on the review of access to apprenticeships for those with learning disabilities, which was really important.
We have had some excellent speeches from Opposition Members. My hon. Friend the Member for Stoke-on-Trent Central (Tristram Hunt) quoted the famous American academic Robert Putnam on the decline of technical education and made a powerful argument for UTCs. My hon. Friend the Member for Manchester Central (Lucy Powell) talked about the importance of adult learning and the need to worry about the binary split, and I will say a couple of things about that. My hon. Friend the Member for Bristol South (Karin Smyth) pressed hard the need for upskilling, on the basis of the number of people in FE and schools in her constituency. My hon. Friend the Member for Scunthorpe (Nic Dakin), a most excellent former college head, spoke doughtily for his sector. He talked about the “cavalry coming over the hill”, but I think that the area-based reviews are not so much the cavalry coming over the hill as the “Charge of the Light Brigade”.
My hon. Friend the Member for Hove (Peter Kyle) drew on his considerable business and FE experience and talked about the rigidity of the levy. The Minister and his colleagues would do well to take on board the points he made. My hon. Friend the Member for Luton North (Kelvin Hopkins) brought his own wealth of experience to discuss the pitfalls of reorganisation, and he reminded us all of how these processes come and go and sometimes reincorporate themselves.
The Bill is timely, even if the methodology of its appearance is curious. If we wonder why it is necessary and why the Government should introduce it in a mood of humility, we need only survey the state of play in the twin areas of its operation. I bring to the House’s attention a document published today by Alison Wolf called “Remaking Tertiary Education”, which was supported by the Education Policy Institute. That research finds that technical education at levels 4 and 5 is on the verge of total collapse in terms of numbers. In 2014-15, only 4,900 learners achieved level 4 awards. In England, technical post-secondary awards now account for less than 2% of the qualifications taken and well under 1% of all qualifications funded in the skills system. Where level 4 and 5 qualifications are being delivered, they are not in subjects that meet the needs of the UK economy or labour market. Those are things that we should all think very hard about, and I look forward to Professor Wolf’s further observations when she comes before the Bill Committee as a witness.
We have heard about the decline in the financial health of the sector, and current forecasts suggest that the number of colleges under strain is set to rise rapidly. As my hon. Friend the Member for Ashton-under-Lyne (Angela Rayner) said in her excellent speech, it is no wonder, given the alarm bells about their continued viability that the Skills Funding Agency and the National Audit Office have been ringing. It is not just FE colleges that are feeling the strain. In September 2016, a Sixth Form Colleges Association survey showed that two thirds of colleges had dropped courses as a result of funding pressures, a third did not believe that next year’s funding would be sufficient and 31% thought that the college would cease to be financially viable in the next three years.
That is the context in which the Government decided to introduce a stand-alone Technical and Further Education Bill. We all know why they have done so: because the academies Bill into which they wanted to drop these measures as a feel-good sweetener has itself been dropped. The entire process has been mired in dither, uncertainty and an overall lack of connection. There was no attempt to put these measures into the Higher Education and Research Bill, where they would naturally have fitted. Rightly, the HE White Paper banged on strongly about the importance of technical and higher education skills. However, we have to look at the Bill before us.
As we have said, there is no role in the Bill for apprentices or learners to be on the board or to be involved with setting standards. We are right to draw parallels with the way in which, in the recent Higher Education and Research Bill, the Government resisted putting stakeholders—in that case, students; in this case, apprentices—into a new institution that is crucial for their success.
Gordon Marsden
I am afraid that I will not because I am short of time. [Interruption.] I am sorry, but it was indicated that I had 10 minutes.
The Government’s argument was, “You can trust us. You can leave it to us.” However, the evidence is clear: we cannot leave it to them. The skills plan consistently talks about the Institute for Apprenticeships and Technical Education being employer-led. That is precisely why FE colleges, other training providers and learners need to be an essential component of it.
The Government gave us a body that has had two shadow chief executives so far—one was a career civil servant who left fairly rapidly to become a university registrar, and the other was the head of the Education Funding Agency and the Skills Funding Agency, Peter Lauener, who was drafted in part time. That is very much of a piece with the “make it up as you go along” way in which the Government have proceeded so far. It is therefore right for us to ask how the new institute will co-operate with the Office for Students, given how inadequate the current arrangements are for involving learners and providers. Given the fiascos during the past 18 months—for example, the Apprenticeship Delivery Board, which is tasked with advising the Government, has, with the new Government, lost its tsar and now has only the previous private sector co-chair of the board as its sole chair—we are right to ask such questions. Six months after their introduction, we are no closer to finding out how the two bodies will interact with each other.
We have had no word about what capacity the Institute for Apprenticeships and Technical Education will have, and many concerns have been expressed about that. My hon. Friend the Member for Hove did us all a service by putting that question to the Minister. We know that the body was originally going to involve only 40 employers; it is now suggested that there will be 100 employers. As the chief executive of the Association of Colleges has said, in neither case will it be adequate for the purpose.
The Government have shown little sense about how the institute will operate in the jungle of organisations that now exist. There is the EFA, the SFA, the National Apprenticeship Service and the Apprenticeship Delivery Board. How will their roles overlap? What role will Ofsted play in the process? What about Ofqual? At best, it is an alphabet soup. At worst, it could become a tug of war in Whitehall, with the interests of providers and apprentices pushed from pillar to post.
The Bill has more than 20 clauses on insolvency and administration, which shows the direction in which the Government think things are going in the next few years. We believe that the outcomes of the area reviews may entrench, rather than remove, such liability. The college insolvency regime is being introduced alongside the Treasury-controlled restructuring facility. We will want to look very closely in Committee at that process and at the consultation process. We will also want to make sure that public assets are not handed to private, for-profit companies if an insolvency process is taken forward. We agree with the Association of Colleges that the Government have missed an opportunity to introduce a legal scheme that would cover both FE and HE corporations. This means that a college might have an additional regulatory burden that will make it harder to secure finance.
The skills plan itself is not without criticisms—how strategic it will be post-Brexit, and on productivity, workplace training and adult training—and the Government will need to talk about such issues. The concerns about binary choices and standards, which my hon. Friend the Member for Manchester Central spoke about, have been echoed by me, the general secretary of the Association of Teachers and Lecturers and the University and College Union. We are also concerned about the potentially limiting scope of some of the routes. As Mark Dawe, the chief executive of the Association of Employment and Learning Providers, has said, a large proportion of jobs in the economy will be outside the scope of the routes. As a Blackpool MP, with my local FE college, I believe it is crucial that the service sector, which will potentially provide huge numbers of apprenticeships and jobs, is not left out of the process.
There is no reference to the new institute having any responsibility to widen access, and nothing on a strategy to promote participation among care leavers, people from black and minority ethnic backgrounds or those with disabilities. We need that to be in the Bill. We agree with the excellent analysis of Shane Chowen, the head of policy at the Learning and Work Institute, on that point. We agree that the Bill ought to enshrine the recommendations of the Maynard review, to which we contributed. It suggested that the Department for Business, Innovation and Skills revisit the recommendations of the Little report of 2012. The Bill needs to do more for looked-after children and care leavers.
Insolvency might force some students to travel longer distances, but the Bill makes no reference to how they might be compensated or how difficult it might be for suburban and rural colleges. All these points strengthen our argument for the return of the education maintenance allowance.
I spoke earlier this afternoon about the problems the Government have got themselves into over careers advice. If we are to make a success of the institute, it is crucial that young people are alerted early in their school life to the importance and attraction of technical routes, and we must maximise the opportunities for them to get work tasters that translate into real work experience.
I am glad that the Minister for Apprenticeships and Skills has shown more enthusiasm for the progression from traineeships to apprenticeships than a couple of his predecessors. Traineeships are a key point of entry that can make more young people competitive. However, traineeships have to be progressive. If not, there is a danger that we will see some of the issues we saw in the 1980s.
Finally, I come to the issue of devo-max. In view of the potential for combined authorities to take on skills and education, why does the Bill not take more account of the potential for devolved skills policy? All it contains is a brief but important reference to the need for such authorities to report their statistics to preserve a national database. That is hardly an endorsement of the potential to drive apprenticeships and skills at a local level.
We speak in this debate having seen two overviews from two key think-tanks, the Institute for Public Policy Research and Policy Exchange, cast doubt on the Government’s direction of travel. The Government need to think very hard about some of the issues raised, such as whether level 2 apprenticeships are too job specific and whether a significant proportion of the apprenticeship standards are inadequate and a cause for concern. We will give the Bill a fair hearing. We want the Bill to succeed, but if it is to succeed there needs to be more detail and we need to hear less self-congratulation from Ministers and more aspiration for the groups that they have signally not included in the Bill.
The Minister for Apprenticeships and Skills (Robert Halfon)
I welcome the thoughtful contributions to the debate from Members on both sides of the House.
This important Bill has two purposes: to provide high-quality technical education to students; and, when colleges are suffering extreme financial difficulties, to provide clarity in the unlikely event of insolvency while protecting students as part of the process. The Bill has the protection and best interests of students at its heart, which is why David Hughes, the chief executive of the Association of Colleges, has stated that he is
“pleased that the Government is continuing to take forward the measures outlined in the Post-16 Skills Plan”.
The Bill is vital because we face serious challenges: a chronic shortage of high-skilled technicians; acute skills shortages in science, technology, engineering and maths; and low levels of literacy and numeracy compared with other OECD countries. A number of Members have raised an important issue about maths. We do not yet require all 17-year-olds who have not achieved an A to C in maths and English to resit the qualifications. Students who achieve lower than a D grade at 16 may take other qualifications. We are looking at functional skills. I want functional skills to be better and for them to be as prestigious to employers as other skills.
Robert Halfon
I ask the hon. Gentleman to hold on one second, because he said that he wanted resources for maths, and we have invested £67 million to recruit up to 2,500 additional maths and physics teachers, and to upskill up to 15,000 non-specialists. We are investing the resources.
Robert Halfon
I will not give way because of the shortage of time.
A number of hon. Members mentioned the Maynard reforms. We will implement those as soon as we possibly can, particularly with regard to the issue of maths for those with disabilities. We will inform the House as progress is made.
The hon. Member for Hove (Peter Kyle) talked about the levy and technology. The thing is that if companies have apprentices, they do not pay the levy, and they get 10% on top. This is about changing behaviour and raising money to fund millions of apprenticeships in our country.
We have substantially grown apprenticeships, with 619,000 starts, which is why we have the levy. It will have an impact on employers with a pay bill of £3 million or more and help to fund the quantity and quality of apprenticeship training. We are dramatically reducing the number of technical qualifications available, ensuring even better quality for students.
A lot has been said about FE funding, but by 2020 more will be spent on FE and skills participation than at any time in our island’s history—£3.4 billion in the year 2019-20. My hon. Friend the Member for Dover (Charlie Elphicke) correctly described FE as a ladder of opportunity for young people.[Official Report, 20 December 2016, Vol. 618, c. 11MC.]
We are adopting the Sainsbury report, as has been suggested, and will put in place 15 high-quality technical routes to skilled employment. Those will be implemented by the Institute for Apprenticeships and Technical Education, which will oversee the employer-led reforms.
We are proud of the university technical colleges. There is clearly a debate here, as some Members want those for pupils at 14 and some for education at 16. That debate will no doubt continue, but we allow flexible entry to UTCs in certain circumstances.
My hon. Friend the Member for Macclesfield (David Rutley) asked about the role of business. We have created the Careers & Enterprise Company to boost businesses’ linking up with students in schools.
The hon. Member for Wolverhampton South West (Rob Marris) talked about representation. I am very keen for all kinds of organisations to be represented. I am a trade union member myself, and I am very proud that this Government give Unionlearn £12 million. It has an incredible fund that supports thousands of learners and apprentices. I very much hope that trade unions will be involved in the Institute for Apprenticeships and Technical Education. The institute will ensure that all technical provision, across both apprenticeships and college-based courses, matches the very best in the world.
Rob Marris
On a point of order, Madam Deputy Speaker. The Order Paper I have says that this debate can continue until 10 pm. Am I misreading it?
Madam Deputy Speaker (Mrs Eleanor Laing)
No, indeed. The hon. Gentleman is technically absolutely correct that the debate can continue until 10 o’clock.
Madam Deputy Speaker
Mr Hunt is excited at the prospect of another three hours from the Minister, but it is incumbent on every Member of this House to judge the mood of the House, the pace of the debate and the necessity of taking up the time of the House. From my observation and experience, a speech of between 10 and 15 minutes from a Minister winding up is usually appropriate and welcomed by most Members of the House.
Robert Halfon
The hon. Gentleman and other Opposition Members talked about quality, not quantity. They should practise what they preach.
Let me give an example of the technical education reforms in practice. For someone aspiring to be an engineer, rather than choosing from the 500 qualifications that are currently on offer, many of which hold very little value for employers, there will be one clear route: the new engineering and manufacturing route. That individual will choose an apprenticeship or college-based technical education course by choosing an occupation. They will initially learn a broad base of knowledge based on one approved standard per occupation, and then they will specialise, for example towards electrical engineering. The awarded certificate will be universally recognised and have real value for employers. That is an example of the nature of our technical reforms.
There is no doubt that FE and sixth-form colleges play a vital role in our education system, as the hon. Member for Scunthorpe (Nic Dakin) noted so brilliantly. That is why I have visited my own FE college more than 50 times since becoming an MP. FE colleges act as genuine centres of expertise. We know that, because 80% of colleges are either good or outstanding, and 79% of adult FE students get jobs, move to apprenticeships or progress to university afterwards. It is worth noting that 59% of institutions are in good financial health and 52% are operating with a surplus.
A minority of colleges, however, are in serious financial difficulties—about 40 colleges face these problems. In supporting these colleges, we forecast by March 2017 a total spend of £140 million on exceptional financial support. That £140 million could have been invested in students. We have to deal with the roots of these problems and ensure that we protect students, which was why we started the area reviews, about which there has been much discussion. They will be completed by March 2017 and will ensure financial resilience, strong leadership and well-governed institutions. We have a moral duty to students that money is spent on learning, and a duty to deliver value for money for the taxpayer. Money that would otherwise be spent servicing debt will be freed up to invest in high-quality education and learning.
Robert Halfon
I am very sorry, but I cannot because of time, even to my hon. Friend. I apologise.
Let me be clear: no FE or sixth-form college will close as a direct result of the Bill. The Bill will help to ensure prudent borrowing and lending, and to safeguard the protection of students.
The insolvency regime under the Bill will clarify what will happen should a college become insolvent. The special administrative regime we are introducing will allow Ministers to take action to ensure that learners are protected. There will be duties on the Secretary of State to promote education, and to provide suitable apprenticeship training and basic skills training for certain people. All existing statutory requirements will stay in place. Local authorities are also legally responsible for promoting effective participation and making clear how transport arrangements support young people of sixth-form age to access opportunities. That is not to say, however, that creditors are not important. Colleges and banks have long worked together to grow and develop the FE sector. The Bill will introduce a clear process for all involved should a college become insolvent, and will reassure creditors about how their debt will be treated.
The reforms in the Bill are fundamental to the Government’s vision for a country that works for everyone. It will ensure that we improve the skills base in our country, that we increase our economic productivity, that we protect students, and that those from the most disadvantaged backgrounds have a chance to climb up the ladder of opportunity. I commend the Bill to the House.
Question put and agreed to.
Bill accordingly read a Second time.
Technical and Further Education Bill (Programme)
Motion made, and Question put forthwith (Standing Order No. 83A(7)),
That the following provisions shall apply to the Technical and Further Education Bill:
Committal
1. The Bill shall be committed to a Public Bill Committee.
Proceedings in Public Bill Committee
2. Proceedings in the Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 6 December 2016.
3. The Public Bill Committee shall have leave to sit twice on the first day on which it meets.
Proceedings on Consideration and up to and including Third Reading
4. Proceedings on Consideration and the proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion one hour before the moment of interruption on the day on which those proceedings are commenced.
5. Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion at the moment of interruption on that day.
6. Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and up to and including Third Reading.
Other proceedings
7. Any other proceedings on the Bill (including any proceedings on consideration of Lords Amendments or on any further messages from the Lords) may be programmed.—(Heather Wheeler.)
Question agreed to.
Technical and Further Education Bill (Money)
Queen’s recommendation signified.
Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),
That, for the purposes of any Act resulting from the Technical and Further Education Bill, it is expedient to authorise the payment out of money provided by Parliament of—
(1) any expenditure incurred under or by virtue of the Act by the Secretary of State, and
(2) any increase attributable to the Act in the sums payable under any other Act out of money so provided.—(Heather Wheeler.)
Question agreed to.
Technical and Further Education Bill (Ways and Means)
Motion made, and Question put forthwith (Standing Order No. 52(1)(a)),
That, for the purposes of any Act resulting from the Technical and Further Education Bill, it is expedient to authorise—
(1) the charging of fees, and
(2) the payment of sums into the Consolidated Fund.—(Heather Wheeler.)
Question agreed to.
Homelessness Reduction Bill (Money)
Queen’s recommendation signified.
Resolved,
That, for the purposes of any Act resulting from the Homelessness Reduction Bill, it is expedient to authorise the payment out of money provided by Parliament of any increase attributable to the Act in the sums payable under any other Act out of money so provided.—(Mr Marcus Jones.)
Homelessness Reduction Bill (First sitting)
Wednesday 23rd November 2016
(7 years, 4 months ago)
Public Bill CommitteesRead Full debate Homelessness Reduction Act 2017 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 23 November 2016 - (23 Nov 2016)
The Chair
Good morning. Before we consider the Bill in detail, I remind hon. Members that there will be the severest of sanctions against those who use mobile devices and, likewise, against those who try to drink tea or coffee during the sitting.
Bob Blackman (Harrow East) (Con)
I beg to move,
That, if proceedings on the Homelessness Reduction Bill are not completed at this day’s sitting, the Committee meets on Wednesdays while the House is sitting at 9.30 am.
It is a pleasure to serve under your chairmanship for the second week in a row, Mr Chope; I suspect that it will not be the last time. The motion will ensure that we have time for a full and constructive debate on the details of the Bill. I hope that everyone agrees that getting the Bill right in Committee is important, so that we can return it to the House in as complete a fashion as possible and it can complete its passage, particularly given that it has all-party support. I hope that the motion will have the full support of the Committee and that we can progress with a like mind.
Andy Slaughter (Hammersmith) (Lab)
It is a pleasure to serve under your fair and clear chairmanship, Mr Chope. We always know where we stand when you are in the Chair, for good or ill. I have no reason to oppose the motion; the Opposition welcome the opportunity for open-ended debate on this important Bill.
My only observation is that the order of consideration is somewhat unorthodox. We are to start with clause 2, so the substantive clause 1 will come later, and probably not in the first sitting. I make no formal objection to that, but—I hope that the Government and the Bill’s promoter hear this—if there are to be substantive amendments, it would be as well for those of us who may also table amendments if they could be made available sooner rather than later; otherwise we are going to get ourselves into a bit of mess, which will not help proceedings to be as clear and efficient as possible.
Not having seen any Government amendments yet, I make no criticism of them; I will wait until I see them. It would be helpful if the Minister or the promoter could indicate when they are likely to be tabled, because we will clearly either be wasting our time or getting our wires crossed if we try to amend something that is no longer going to be in the Bill.
The Chair
There are two separate motions. It will be more convenient to decide upon the first motion first, although the hon. Gentleman has just referred to some of the contents of the second motion.
Question put and agreed to.
Bob Blackman
I beg to move,
That the Bill be considered in the following order, namely, Clause 2, Clause 3, Clause 8, Clause 9, Clauses 4 to 7, Clauses 10 to 13, Clause 1, new Clauses, new Schedules, remaining proceedings on the Bill.
Over the past few weeks, I and others have met stakeholders, in particular the Minister and his officials, to consider the Bill as presented on Second Reading. We will discuss potential amendments to some of the clauses, to make sure that their meaning is clarified, any errors are corrected and their effect is improved. One of the problems associated with this type of Bill is the consequences of changing the system. We do not want it to impact on that. My proposed order of consideration will allow sufficient time to complete the process. We are clear that we want to proceed on an all-party basis, working closely together in a collegiate fashion, so that amendments, especially Government amendments, are tabled in plenty of time and everyone has a chance to read and understand them, and, if Members want to propose further changes, we can do so.
One rationale for the order of consideration is that there has been substantial lobbying on clause 1 in particular. I propose that we debate that clause at the end, because that will allow us to ensure that any proposed amendments to it are drawn up in a suitable fashion, through parliamentary counsel, and circulated to Members. By the time we come to debate the clause, everyone on the Committee will have had a chance to see and understand the provisions and obtain any background information that they need.
That is the reason for a slightly strange order of consideration. One reason that clauses 4 to 7 are included later is that it was envisaged—although this may turn out not to be the case—that there might be consequential amendments to clause 4 in particular, as a result of amending clause 1. I understand from our discussions last night that that may not necessarily be the case.
The order of consideration gives us a sensible route for discussing the clauses. My understanding is that some of the earlier clauses are less likely to be controversial or require amendments, but we want to go through them in detail as well. I hope that, in that spirit, we can discuss the Bill in the order suggested. If colleagues are concerned and want to change it, I will understand, but I believe that it is a logical way of dealing with the Bill, because it is complicated and any changes will have consequences.
Andy Slaughter
I have nothing to add other than this: I understand that there is no formal programme motion for a private Member’s Bill, but given the tactics that the hon. Gentleman has set out, I wonder when he envisages the first sitting taking place. It looks like there will be an interesting debate on clause 1 or what replaces it, but when will we get to that point? This is a bit like “Hamlet” without the prince: we are talking around the subject before we actually get to it. When will the new position on clause 1 be set out and when are we likely to debate it? Clearly, that is a matter for the Committee, but it would be useful to know what is in the minds of the Government and the promoter.
Mr Clive Betts (Sheffield South East) (Lab)
I want to re-emphasise the point that my hon. Friend has made. It would be useful to have some idea of timing so that we can plan ahead and prepare. I also welcome what the hon. Member for Harrow East, who is in charge of the Bill, has said about the intention to proceed on an all-party basis and to try to secure agreement, because that is how we have worked on the issue. Even before the Bill was a gleam in the hon. Gentleman’s eye, the Communities and Local Government Committee discussed the issue and its members worked together on trying to improve the service that homeless people receive.
I welcome the fact that we will take another look at clause 1. On Second Reading, I raised concerns about the loopholes that it might provide for those authorities that are perhaps less enthusiastic than us about trying to improve the service. Some of the caveats may give them wiggle room not to deliver the sort of service intended. It is important that we get the clause right, that we make it watertight and that we do not allow wiggle room for authorities that do not want to comply, so it is very important that we have time to consider it.
The Parliamentary Under-Secretary of State for Communities and Local Government (Mr Marcus Jones)
It is a pleasure to serve under your chairmanship, Mr Chope. I reiterate the Government’s support for the Bill promoted by my hon. Friend the Member for Harrow East. As he has said, since Second Reading we have been working closely with him and a number of other stakeholders to get to this point.
I hear what has been said about clause 1. As I said on Second Reading, we were aware that several stakeholder groups had concerns about clause 1. At that point, we said that we would listen carefully to those concerns. We have continued to do that and to engage in dialogue.
As my hon. Friend has said, we cannot yet say for definite when the amendment to the clause will be tabled, but I assure Opposition Front Benchers that, in the spirit of how the Bill has been handled so far—a spirit of co-operation across the House to enact important legislation that will benefit homeless people and people at risk of becoming homeless across the country—we fully intend to ensure that the hon. Member for Hammersmith has sight of the proposal for clause 1 as soon as is practicable. We are willing to work with him.
Bob Blackman
I trust that that reassurance from my hon. Friend the Minister and me is sufficient to ensure that colleagues are content. The hon. Member for Hammersmith asked when we are likely to get to clause 1. Provided that my proposed order of consideration is agreed to, I propose that we adjourn now, and that we meet next Wednesday to start the process.
I envisage that we will not debate clause 1 until, possibly, 14 December, depending on the progress we make, but I am clear that when the amendment to the clause is ready, we will circulate it to all members of the Committee. If there are any other amendments, we will circulate them as soon as they are available. I hope that colleagues on the other side of the argument will also take that in the spirit in which it is intended. The earlier we can have sight of proposed amendments, the better, so that we can carefully consider their impact not only on the clause, but, consequentially, on the Bill. I trust that we have satisfied everyone and that we can proceed accordingly.
The Chair
May I remind Members that amendments for next week would need to be tabled before close of play on Friday? As nobody knows exactly what progress there will be, the sooner amendments are tabled, the better.
Question put and agreed to.
Ordered, That further consideration be now adjourned. —(Bob Blackman.)
Homelessness Reduction Bill (Second sitting)
Wednesday 30th November 2016
(7 years, 4 months ago)
Public Bill CommitteesRead Full debate Homelessness Reduction Act 2017 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 30 November 2016 - (30 Nov 2016)
Bob Blackman (Harrow East) (Con)
I beg to move,
That the Order of the Committee of 23 November 2016 be amended, by inserting at the end—
“except on 14 December when the Committee will meet at 10.00 am.”
Let me explain, for the benefit of the Committee, that we intend to proceed as much as possible by consensus. I have had a request on behalf of three members of the Committee who will be visiting Berlin with the Communities and Local Government Committee. They will be travelling back that day, so we will meet slightly later to allow them to attend this Committee and play a full part in proceedings.
Question put and agreed to.
Clause 2
Duty to provide advisory services
Question proposed, That the clause stand part of the Bill.
Bob Blackman
In many ways, this substantive clause, on which we have been given notice of no amendments, goes to the very heart of the Bill. The current position is that advisory services are provided by local authorities to priority need households, but not to non-priority need ones. The measure will require each local authority to provide advisory services on all local housing authorities for all applicants. Authorities will have to provide information and advice to any person who goes to them from their area. The advice must cover: the provision of preventing and relieving homelessness; the rights of homeless people or those threatened with homelessness; the duties of the authority; the help available from the local housing authority and other agencies; and how to access the available help.
The idea is that each local authority should design its own service. We do not want to take away the flexibility of local authorities to design their help and advice service, but clearly they should design such a service with certain listed vulnerable groups in mind—for example, care leavers, who are covered in the Bill for the first time, and victims of domestic abuse. The Bill allows local housing authorities to outsource the advisory services, if they so choose, to a third party such as a contractor or a specialist agency.
The measure has been included in the Bill to ensure that local housing authorities provide detailed advice and information to all households in their area, including those that are homeless or at risk of becoming homeless, so that households can be empowered to seek support and solutions to their current situation. That is a far cry from what goes on at the moment. Currently, many local authorities, as we discovered through the Select Committee process, do not provide such services to non-priority need homeless people. Clearly there are local authorities that do provide such services, and we do not want to hamper their ability to do so.
The measure ensures that everyone has access to a similar type of help in the first instance. People who face the terrible crisis of being threatened with homelessness or, worse still, have suffered homelessness will get help and advice; they will not just be shown the door by a local authority. It is quite clear that the existing law does not specify the type or quality of advice and information that must be provided on homelessness and its prevention, and nor does it require that advice to be tailored to the needs of local people, particularly the needs of certain groups. Evidence that we secured through the Select Committee process suggested that some local authorities provide minimal or, even worse, out-of-date information. The measure means that, for the first time, local authorities will have to provide that service to people in this terrible position.
Michael Tomlinson (Mid Dorset and North Poole) (Con)
Will my hon. Friend clarify how he envisages the interplay between this local authority advisory service and charitable organisations such as Routes to Roots, which is just outside my constituency but within Poole?
Bob Blackman
I thank my hon. Friend for that intervention. Local authorities will clearly have to design the service with local needs in mind. We cannot prescribe every single way in which they can choose to provide the help and advice that individuals in their area will need, because to do so would hamper their creativity. The whole idea behind the Bill is to turn on its head the attitude, which has existed in some local authorities, that they will not help someone unless they are in priority need. Local authorities would now be required to provide help and advice to anyone and everyone from their local areas who is threatened with homelessness. For example, my hon. Friend’s local authority may choose to outsource its role to a charity or another third party; that is its choice and we do not want to hamper it. What matters is that the individuals receive the help and advice they need to guide them in the right direction.
Christian Matheson (City of Chester) (Lab)
I am not a member of the Select Committee. What would drive a council not to want to provide that service? What kinds of factors would influence them to have such a negative attitude?
Bob Blackman
One of the clear ways, which we covered in some detail on Second Reading, is the fact that for 40 years, thanks to legislation, we as Members of Parliament have encouraged local authorities to concentrate all their resources on priority need households and not to provide help and assistance to single homeless people or non-priority need households. The idea behind the Bill is literally to turn that on its head so that everyone will get help and advice. The key issue is that local authorities have funding pressures and so must concentrate on what they have to do to meet a statutory need, rather than necessarily on what they would like to do. For 40 years local authorities have rationed the help and advice given to individuals threatened with this situation. When this Bill, hopefully, becomes law, local authorities will be planning for how they will meet that particular need.
Will Quince (Colchester) (Con)
An amendment will be considered later relating to other advice that might go alongside the advice on homelessness and housing. Might citizens advice bureaux, which exist in many towns up and down the country, be commissioned to do that, on the basis that they can offer advice not only on homelessness reduction, but on other areas that a local authority homelessness adviser might not be able to advise on?
Bob Blackman
When an individual threatened with homelessness approaches a local authority for help and advice, one of the pieces of advice that they might be given is to go to a citizens advice bureau. Citizens advice bureaux are not resourced to provide that service at the moment. Under the Bill, however, if local authorities choose to outsource it, they will need to fund it as part and parcel of the process. That could be good news for citizens advice bureaux and other organisations up and down the country.
David Mackintosh (Northampton South) (Con)
Given my hon. Friend’s experience in local government, I am sure that he will agree that many people who present to local authorities as homeless and in priority need are covered under the current legislation and funded. However, does he agree that if many of those people had been given the advice that is proposed in the Bill, they might not have found themselves in those circumstances in the first place?
Bob Blackman
We are extending the prevention duty to 56 days so that local authorities can intervene early. My aim in introducing this Bill is to ensure that no one ever becomes homeless, because they will seek help and advice at an early stage and the local authority will identify an alternative property for those people who are threatened with this situation. That might take some time and it might not be realisable in the first place, but if an individual, a family or others approach the local authority at an early stage and are given help and advice, the homelessness that often happens can be prevented. There can be nothing worse for any family than being forced to wait until the bailiffs arrive, and then having to present themselves at a local housing office with their bags packed and nowhere to sleep. The idea is to stop them getting to that stage.
The Parliamentary Under-Secretary of State for Communities and Local Government (Mr Marcus Jones)
My hon. Friend is making a powerful case. With regard to the points made by my hon. Friends the Members for Mid Dorset and North Poole, for Colchester and for Northampton South, does he agree that the £20 million fund for prevention trailblazers, which will drive better prevention work within local authorities even before the Bill comes into effect, will be valuable, particularly as the bidding process is now open? We are expecting bids from people working with charities, not-for-profit organisations and other parts of the public services to help prevent people from becoming homeless.
Bob Blackman
I thank my hon. Friend for that timely intervention on the ingenuity of local authorities to meet the needs of local residents. It is good news that the fund is available, and I would encourage every local authority to bid for it and to start thinking about creative ways to help people threatened with homelessness. We want to prevent those individuals from becoming homeless in the first place. Local authorities can now get their thinking caps on, get creative and bid for that fund. I understand that up to 20 local authorities might be successful in this bidding round. I hope that it is oversubscribed, so that the Minister will have to find extra money to support that initiative in the run-up to the Bill hopefully becoming law, with every local authority in the country having to provide that service.
The advice given will be different depending on the needs of the individual, the family or the sets of individuals who are applying. The idea is that the advisory service should be designed to meet the needs of particularly at-risk groups, such as care leavers or victims of domestic abuse—those are two examples, but there are many reasons why people become homeless. It is not easy to categorise those areas, so the key is that the advisory service should be individualised. It should not be a basic service where someone turns up and has a look at a computer; it should be individual and with people who have been trained with this in mind.
The most important point about the clause is that those threatened with homelessness will get effective information right across the country. It will help every household threatened with homelessness or, worse still, those who become homeless. They will get the information they need. I believe that this has been supported throughout. There is a cross-party consensus, so I hope that everyone in the Committee will see the benefit of the clause and that we can then go forward.
Andy Slaughter (Hammersmith) (Lab)
It is a great pleasure to serve under your chairmanship, Mr Chope, for the first substantive sitting of this Committee. I echo what the Bill’s promoter said: as far as possible, there will be a consensual and hopefully constructive atmosphere throughout our proceedings, because the substance of the Bill is supported by those on both Front Benches. We have already seen two indications of that. First, I am grateful for the change in the sittings motion, which is mainly for the convenience of Opposition Members so that they can come here direct from Berlin, filled with European bonhomie, in order to engage in our proceedings. Secondly, no amendments have been tabled to this clause. However, it is an important clause and I would like to make one or two comments.
Michael Tomlinson
It is great to be on a Bill Committee where there is cross-party support. Does the hon. Gentleman agree that the burdens on local authorities are not especially onerous and that the associated costs, specifically in relation to clause 2, will therefore be relatively minimal?
Andy Slaughter
No, I do not. All the right points have been made in relation to how we can either not provide a service or provide lip service. If we want to provide a good quality advice service—in other words, trained staff who know what they are doing and who can spend time with often vulnerable people—it will require a substantial increase in resources. That is obviously only part of the equation, and I accept that other duties in the Bill will be more onerous. There will, however, be additional demands on those small authorities that might not have anybody, or only one person, who does that as part of their job. I will not go into the detail now, but I put the Minister on notice that, at some point in Committee, we hope to hear clearly from the Government what resources will be made available, in cash and percentage terms; how those resources will be delivered; and how prescriptive they will be. Will there be a specific advice budget?
Alison Thewliss (Glasgow Central) (SNP)
Happy St Andrew’s day to the Committee and to you, Mr Chope. Is the hon. Gentleman aware of the Scottish experience? We abolished priority needs in homelessness, but we had a 10-year run-up before doing so. Does he agree that, given the steps in the Bill to make advice available to everybody, the resources and planning need to be considered carefully?
Andy Slaughter
The hon. Lady makes a good point, and I have no doubt that the Committee will hear a substantial amount about the Scottish experience. I do not know whether anyone here is qualified to talk about the Welsh experience, which also underlies much of the Bill.
It is almost a truism to say that, if we are to address this issue, we cannot address it piecemeal. We have to consider not only how services are resourced, but the potential outcomes so that we can see, I hope, a seamless link from prevention through to advice and resolution. If there are lessons to be learned from Scotland, the hon. Lady will not be slow in recommending them.
Will Quince
I have listened carefully to the hon. Gentleman, and I still fail to understand his exact point. My understanding is that local authorities already have this duty—it is a function that they should be performing. In my experience—I will not follow his advice in making partisan attacks on my Liberal Democrat and Labour-run local authority—the advice currently being given is, in many cases, poor and inaccurate. That is an issue not of funding, but of giving good quality advice.
Andy Slaughter
I respectfully disagree with the hon. Gentleman. I am trying to be factual, at least according to my own experience, and my experience is not uncharacteristic. I saw nods from members on both sides of the Committee when I described what Members have to deal with as a consequence of local authorities not dealing with issues and of advice simply not being available.
It is an issue that local authorities have not been doing what they should have been doing, but the reason for that is that they do not want to resource the service. Therefore, they either resource the advice inadequately through insufficient training, or they deliberately do not resource it in order to avoid incurring the additional expenses that result from accepting people as homeless, giving them proper advice and providing a solution to their housing problems. I agree with the hon. Gentleman that there has to be a change in mindset, but we cannot just wish for that and think it will happen.
Michelle Donelan (Chippenham) (Con)
Does the hon. Gentleman accept that there is a postcode lottery in terms of the service that people get? If someone is homeless in one area, they might get a completely different service from that available in another. We need more than a change in mindset; we need a change in the legislation, which is perhaps why we are all here today.
Andy Slaughter
Yes, there are different attitudes in different areas. Some of it may be policy-driven, but some may be resource-driven or demand-driven in the way that authorities respond. Well motivated though the Bill is, I am not sure that simply enacting it will resolve that issue. It will take not just funding, but careful policing, both by Government and the homelessness charities, which will no doubt monitor the Bill’s implementation —just as they monitor the current problems—to ensure that local authorities live up to their duties.
I do not want to talk for too long, so let me exemplify what I mean by the difficulties arising from the clause. What it proposes is materially different from the existing situation, because the clause is far more specific and onerous in its description of the categories of people who should be given advice and what type of advice should be given. Let me mention a point from each side of the argument, namely what Shelter and the Association of Housing Advice Services told us in their briefings. I am grateful, as I am sure are other hon. Members, for all the briefings we have had. Although local authorities and charities have different views, I do not think that any of the bodies involved disagree on the need to improve how these issues are dealt with, and the fact that the concerns being raised by local authorities are legitimate. Had I known of Shelter’s concerns earlier, I may well have tabled an amendment to that effect.
Shelter is concerned that although groups were rightly specified relatively recently in legislation—under the previous Labour Government—as being a particular concern, such as persons leaving prison, persons leaving hospital, victims of domestic abuse and care leavers, we should not forget the categories of priority homeless: pregnant women, children and older people. I raise this with the Minister because the Government may consider amendments in the other place as well, and it would be sensible to consider whether the list, which is obviously not closed, should include those categories as well.
Let me mention what AHAS said: is specifying the needs of groups with complex or specific problems—perhaps people with mental health problems or those leaving custody—placing a particularly onerous burden on local authorities? In other words, instead of being asked to provide general advice on how to deal with homelessness and what is available in the area, will they be asked to cater for the needs of people in those circumstances, which would better be dealt with by specialist agencies? AHAS raised the possibility of a legal challenge, which might say, “Yes, a perfectly adequate degree of advice was provided for somebody who doesn’t have those needs, but the local authority should have gone further. It should have spent more time, more money and been more concerned about dealing with these people because of their specific needs.” I would be interested to know whether, on those two points, the Government share the concerns that I and local authorities have.
I make one final, general point. I have not attempted to deal with this; it is beyond my drafting skills. There is something slightly odd about the Bill: it applies to England and Wales, but most of the duties it imposes are on housing authorities in England. There are areas of legislation that are now different in Wales—for example, NHS legislation or the Children Act 2004. That might mean that, say, care leavers who have been in the care of Welsh authorities will now come under the purview of English housing authorities, but will still be owed a duty in that way. I ask the Minister and the Bill’s promoter to go away and look at whether we have covered those angles in their entirety.
Will Quince
It is a pleasure to follow my hon. Friend the Member for Harrow East and the hon. Member for Hammersmith. One issue I have with the current system is the short-sightedness of the approach of some local authorities. I do not want to do down local authorities, because many of them up and down the country do a fantastic job of offering high-quality advice. However, as my hon. Friend the Member for Chippenham said, too many local authorities throughout the country offer advice that is frankly terrible—advice that suits the local authority, as opposed to the individual who faces the threat of homelessness. It is that postcode lottery that I am sure clause 2, and the Bill in general, will address.
We all know that there is a huge cost to homelessness, but we should never forget the huge social cost that comes with it, especially for those who are vulnerable—we have discussed some of the groups that fall under that category. When we look at homelessness, we know from some of the families who come to our surgeries that the people involved have considerable complex needs, which make addressing and preventing homelessness a particular challenge.
Take the example of a family who realise that they are failing to meet their monthly rent in the private rented sector. There may be all sorts of reasons for that. Let us say that they are £200 a month short. At the point at which they realise that they are starting to fall into arrears, they approach their local authority. Their local authority says, “Well, actually the best thing for you to do is wait until your landlord serves you with notice because your arrears have become so considerable—then let’s talk.” They get served with a notice and they go back to the local authority. The local authority then says to them, “Well, wait until the legal proceedings have been commenced and you are then forced out of that property by a bailiff.” Only last week, I met a family who were forcibly evicted from their house while the children were in it. The bailiff smashed the window and came in, the children were scared and crying and the family phoned me. That is disgraceful. That kind of advice should never be given, in my view, but if it is given, that should happen only in very rare circumstances.
Flip that on its head. Say that we applaud the family who recognise at the earliest possible opportunity that they are in difficulty or have a problem. They know they are getting into arrears, but they do not want to let down their landlord and they do not want to make themselves homeless, so they approach the local authority. The local authority says, “Actually, it’s £200 a month. Let’s sit down with you, let’s work with you and let’s see what we can do.” Even if the local authority decided, “You know what? For the sake of £2,000 to £2,500 a year, we will cover that cost”, that would be money well spent, given the cost of helping that family post-eviction. Not only have the family gone through that traumatic ordeal, they now have considerable arrears and a county court judgment against their name. Never again will they be accepted into the private rented sector, and—let us be honest—across all our constituencies, social housing is not readily available, especially for larger families.
Even when the council accepts that it has a duty to help and house the family after they are evicted via a bailiff, they are rarely put in temporary accommodation in the town where they seek help. In my constituency, people are often sent to neighbouring towns, away from their schools and their places of work, which puts both of those in jeopardy.
The point is that it is a huge disruption to their lives. However, the local authority then has very minimal options, because what does it do if it does not have the social housing and particularly those large houses? Its option is to look back to the private rented sector, but what landlord will help somebody who has a CCJ against their name, as well as a record of arrears and not paying their rent?
Moreover, what does what we are saying to those landlords do for the reputation of local authorities up and down this country? I am not a landlord and I will not defend the private rented sector, although it is very important to our housing options, but landlords often have mortgages, so six months of someone not paying rent affects their family, too. The likelihood of their then going on to be reasonable and help those who in the past have got into trouble financially, or indeed those who have a CCJ, is minimal at best.
I welcome the clause for several reasons, largely because of the duty it places on local authorities, to which, as effectively a branch of Government, individuals go for help at possibly one of the most vulnerable and emotionally difficult periods of their life. Those individuals need to rely on that support and have faith that the advice that they are given is not only the best advice but the right advice.
We know that, at the moment, some of the advice being given by local authorities across the country is not right, is against Government advice and is in the interests of the local authority, not those of the individual. Ironically, I believe that giving such advice is not in the medium to long-term interests of the local authority; it is in its short-term interests.
My hon. Friend the Member for Harrow East raised a very good point about detailed advice on rights, because such advice should absolutely be tailored to each and every individual case. I mentioned earlier the complex needs of those facing the threat of homelessness. No one family and no one individual is the same as another family or individual. In one instance, it might be the case that paying that £200 in rent arrears was not only the most financially advantageous but the most socially advantageous thing to do. In other instances, it may not be, but we need to ensure—as this clause does—that when local authorities offer advice to vulnerable people at very difficult times, they give the right advice, including the different options that are open to them.
My hon. Friend hit the nail on the head when he said we should empower families in such a position not just to rely on the state but to consider the different options available to them to prevent their becoming homeless in the first instance. If we do that—if we offer that help and advice at the first possible instance—we will then have the best possible chance of preventing homelessness: preventing that social cost but also the huge financial cost that would otherwise fall on our local authorities.
Consequently, I wholeheartedly support this clause. It is absolutely the right thing to do and it ensures that, across the country, people will be offered consistent advice that is right for them as individuals.
Mr Clive Betts (Sheffield South East) (Lab)
It is a pleasure to serve under your chairmanship, Mr Chope.
It is also a pleasure to follow the hon. Member for Colchester. He made many points that I would certainly want to associate myself with. Looking back to the Communities and Local Government Committee’s first report on homelessness, we drew attention to many of those issues, including the shortage of affordable homes to rent, particularly social housing, in many parts of the country, and the need to provide more homes of that kind. In the autumn statement, it seemed that the Government were moving more into that territory, although we are still trying to work out precisely how far they have moved. Maybe at some point the Minister could illuminate us on that.
There are many reasons for homelessness in individual cases, although the ending—for various reasons—of tenancies in the private sector is now the main one. In our Select Committee’s report on homelessness, we also drew attention to the increasing problem of the growing gap between rents and the level of local housing allowance that is paid in the private rented sector. If that level is frozen now for the next few years, it will become a more difficult issue and a bigger reason for the continuation of homelessness.
Those are all factors that, in general, we need to take account of, but the particular reason that I support the clause is the evidence we heard in the Select Committee. We all sat for several hours, listening to many witnesses with direct experience of being homeless. We also had a private conversation with some young people who were still being dealt with by the homelessness system at the time, and they talked to us confidentially about their experiences. It all created an impression that, in many cases, people go to their local authority and do not get the service they deserve. The clause is an attempt to put that right.
The Crisis mystery shopper exercise really affected all members of the Select Committee. Crisis sent someone out to local authorities, not declaring who they were, simply to find out what it was like to be homeless in that local authority area and to present before the local authority. It was revealed that people got inadequate advice and support in 50 out of 87 visits. That is a pretty staggering number—50 out of 87 got it wrong and did not give help and support. That goes along with many comments we heard about support, assistance and advice being unprofessional and sometimes inhumane. We cannot allow that to continue.
I slightly part company with Government Members in that I do think we are asking for a new burden on local authorities. At some point, the Minister will have to respond to that. I hope that there are helpful and constructive discussions with the Local Government Association; I am a vice-president of the LGA. To some degree, when local authorities, even the better local authorities that take their responsibilities seriously, have limited resources—we should not pretend that local authorities do not have limited resources, because they are more limited than they were—they naturally tend to deal, as a first priority, with those people who are in priority need. If they have resources to spend, they tend to be spent on people in priority need—people with children, for example—who present themselves. That family needs rehousing, so that is where the effort and support goes. If a young person, a single person, a couple without children or people in other circumstances turn up, they will get what is left. The person at the local authority has only a bit of time—a few minutes—to say, “Here’s a list of estate agents’ telephone numbers. Go and phone them.” We heard that, in some cases, those phone numbers were actually out of date. That is what people often get.
There is a code of guidance, which I am sure we will come to later in our discussions of other matters. The code of guidance is not always followed by local authorities, but it is guidance, not an absolute and utter requirement. There is a difference, to my mind, between having a code of guidance and having something on the face of an Act, which I hope the Bill will become. The duties in the clause are substantial, asking local authorities to look at not simply preventing homelessness, but the issues around care leavers, young people in prison or youth detention, people who have been in the armed forces, domestic abuse and people leaving hospital. The measure demands an awful lot of support and expertise within local authorities if they are to discharge that long list of responsibilities properly.
It is absolutely right that getting these things done in a proper way can ultimately save money. Homelessness has a cost not merely for the individuals, but for society as a whole and for public services. Very often local authorities have to spend the money—hopefully spend it well to stop homelessness, to help people in these situations and to prevent them from having other future problems—but the savings then come to other public bodies including, probably, the criminal justice system in due course, the health service and others.
Yes, it is absolutely right that we are changing the legislation and placing a stronger requirement on local authorities, but that is a new burden. It is one that is absolutely right, but it is a very big ask to get all these responsibilities carried out in a proper way. We will return to resources in due course but, to my mind, the measure does not really ask local authorities to do what they should be doing anyway; it asks them to do an awful lot more. I fully support the asks in the clause.
David Mackintosh
It is a pleasure to serve under your chairmanship, Mr Chope. I am particularly delighted to serve on this Committee because I served on the Communities and Local Government Committee and asked, with other Members, for the homelessness inquiry to be undertaken. I chair the all-party parliamentary group on ending homelessness. I see many cases in my constituency and through the work we did on the Select Committee where a range of different advice is offered. We even see different advice offered within the same authority, so this legislation is needed to mainstream the issue.
Helen Hayes (Dulwich and West Norwood) (Lab)
It is a pleasure to serve under your chairmanship, Mr Chope. I am pleased to see this clause in the Bill. I particularly welcome the emphasis that runs throughout the Bill on shifting resources into prevention, so that we stop as many as people as possible becoming homeless in the first place.
The Bill will drive a change in culture and we need legislation to drive that change in many local authorities. The culture that prevails has come about because the existing requirements on local authorities, as well as the pressure of resources, force councils into a position in which they support the people they have to support. Resources are not currently available to support all the people councils have to support, and it is necessarily the case that many people fall outside the scope of local authority support. I agree entirely that local authorities should have the flexibility to devise and design services at local level that are appropriate to the needs that present themselves.
The hon. Member for Mid Dorset and North Poole indicated that he does not believe the provision of advice services constitutes a set of new burdens on local authorities, but we delude ourselves if we think the provision of meaningful advice does not constitute a series of resourcing requirements that result in a set of new burdens on local authorities. It is important that the Committee acknowledges what we mean and the implications of the clause for local authorities. We should ensure that the clause can be effective in delivering the outcomes that we all want.
I am a member of the Select Committee on Communities and Local Government. I too heard and saw the evidence that that Committee received during the homelessness inquiry. We saw evidence of local authorities being unable to support many people presenting as homeless in two different categories. We saw evidence of very poor practice—that came through strongly from the Crisis mystery shopper exercise. Some local authorities were simply not interested in helping or advising anybody they did not have to advise. In some cases, even people eligible for support were not receiving support of any kind of quality or meaningfulness. We also saw overwhelming evidence that the systems that exist to support homeless people in local authorities are at breaking point—they are overwhelmed.
The problem faced by many local authorities is to do with the wider housing crisis that we face in this country. We saw evidence of advice that was not up to date, as other hon. Members have said. Referral to third-party organisations that are already overstretched is a common form of advice. Local authorities are saying, “Go and see the local advice agency, go to the local law centre, go to the citizens advice bureau.” Residents turning up to those places find that they have to wait in a long queue and that they cannot get an appointment immediately, and then find that those agencies are not in a position to provide meaningful advice because the housing that people ultimately need is simply not available. We saw evidence that advice was being provided for people to contact organisations that could and should be able to provide alternative housing, but which themselves had been forced to increase their threshold for accessing their support.
I have an example of a constituent who was given a list of organisations that she could telephone who would provide alternative housing because that was what she needed. She phoned them. As a single person, she was not considered to be in priority need, and every one of those organisations required a nomination from a local authority in order to access their services. Such advice is not in any way meaningful.
I want to ensure that we introduce clause 2, and that it will result in the provision of meaningful advice to people seeking support from local authorities. The provision of meaningful advice is to a large degree about the provision of meaningful options. I can say to my constituent, “I advise you to contact your local authority to seek their support with housing.” The local authority will say, “We simply do not have any social housing available and we have a list of many thousands of people already waiting for that housing.” That is not meaningful advice for me to provide to my constituent. We need to focus on the issue of meaningfulness.
Two things are important in ensuring that we deliver: first, we need to be clear that, in introducing a new duty, it cannot be acceptable for a local authority to discharge their duty, and to be considered to have discharged their duty, by providing advice that is poor quality or out of date, or not the best possible advice that can be provided. I flag up to Government Members the need for the provision of detailed guidance to accompany the Bill to make it clear to local authorities what constitutes the discharge of their duty to provide advice. The guidance would also make it clear that the Government will not stand for the continued practice of passing the buck to external agencies who cannot themselves provide that advice, resulting in a situation in which people are not meaningfully helped. Detailed guidance is important.
Secondly, we need to locate the clause firmly within the wider debate about the expansion of housing provision, including social housing, and the expansion of support for advice and support agencies that people need when they are at risk of becoming homeless. I wish to assert my view that the clause imposes new burdens on local authorities, and I would like a response from the Government on the question of what resources will be made available to enable those new burdens to be met. Otherwise we give ourselves a pat on the back in this House that we have enacted something that talks about the provision of advice. If the measure does not make the necessary difference on the ground, we have failed and we will be held to account. With those remarks, I am pleased to support the clause.
Mr David Burrowes (Enfield, Southgate) (Con)
It is a pleasure to be involved in the debate on clause 2, which in many ways is at the heart of the Bill. If we get clause 2 right, we will have made a big difference in reducing homelessness. Following on from comments made by hon. Members on both sides of the Committee, including the hon. Member for Sheffield South East, the point I wish to make is that it is about ensuring that good practice is enshrined. As other hon. Members have said, good practice is not always followed.
On behalf of the vulnerable, and as the chair of the all-party parliamentary group on complex needs and dual diagnosis, I welcome the Bill and the duty to provide advisory services. Those groups of people often miss out and do not properly access the advice that they need. If they could access advice earlier at a preventive stage, it could prevent greater complexity, greater cost and crisis management.
I recognise that the Bill enshrines good practice and codes of guidance, as has been said. However, if properly applied, the Bill also places an additional burden on statutory services. If one looks at the example of the Bill, one sees the burden applies not least to persons leaving hospital. St Mungo’s has been particularly active in highlighting the scandal that 70% of homeless people who are in hospital are then discharged on to the streets. That must end, and the Bill must help it to end. Local authorities including mine in Enfield sign charters, but it is one thing to sign up to a charter and another to ensure that there is a link between health, social care and housing—that needs to happen and often does not—to ensure that support and advice is provided at the point when people need it most on leaving hospital. That is why it is welcome to see that explicitly included in the Bill. Frankly, it is neglectful that that does not happen and we need that statutory duty and provision.
I welcome, through the good endeavours of the Select Committee, the addition of victims of abuse and domestic violence. I pay tribute to Agenda, which is a charity representing the interests of women and girls at risk. I understand that it gave evidence to the Select Committee and made the point that the reality is, sadly, that the victims of abuse are not getting the proper advice that they need, which we will know from our constituency case work.
Indeed, in my surgery on Saturday, a victim of domestic violence came to me and said that she needed desperately to move from her house with her young child. Recently, her shed had been burned down by her abuser and her car had been vandalised. She went to Enfield Council to seek advice and was met, sadly, with indifference. I recognise that within Enfield Council there are some excellent housing officers, and in many ways they are overstretched, but she was met with a yawn and someone saying, “Well, we can’t help everyone.” That attitude towards my constituent in a state of absolute vulnerability is shameful and must end, which the Bill will help to do. She has simply been told, “We will get back to you in 10 days,” but then there is another 10 days and another 10 days. She has not heard anything from the council in terms of meaningful advice. The Bill and the clause will help.
May I draw attention to one detail? Within the draft Bill and what would have been the new section 179, people with a learning disability were included as a group, although the provision was not limited to them. That is not included in the Bill before the Committee. Hon. Members will know from experience that those with learning difficulties and disabilities are particularly vulnerable and have problems accessing meaningful advice. They may not fall within priority need or appear at first communication to do so, but because of their learning disabilities they may not be able to communicate those needs properly. There is therefore a need for specific and meaningful advice for them. I ask my hon. Friend the Member for Harrow East and the Minister to help me to provide reassurance that the category of
“persons suffering from a mental illness or impairment”
properly includes people with learning disabilities and that, in practical terms, they will receive the meaningful advice they need.
Mr Jones
My hon. Friend is making an extremely good point, and in responding I should declare my interest as a member of my local Mencap society. Obviously, adults with learning disabilities are an extremely important group that need to be supported. I reassure my hon. Friend that they are indeed dealt with within that definition. I additionally reassure him that that will be clarified within statutory guidance that will go alongside this Bill.
Mr Burrowes
I am grateful to the Minister for that reassurance.
For adults who are struggling to get a diagnosis of autism, clarification is needed in the guidance on the level of evidence necessary to ensure that the duties are triggered. I welcome the clause.
Michael Tomlinson
It is a great pleasure to serve under your chairmanship, Mr Chope. I rise to address one or two points that have been made in this constructive debate, and I speak strongly in favour of clause 2 as drafted.
I agree with almost everything that the hon. Member for Dulwich and West Norwood said, and she is right that there is no point in setting out more detail in the Bill if the Bill does not impose additional duties and burdens, but my point is slightly different. There are heavier burdens and financial duties elsewhere in the Bill, and I had a measure of agreement on that from the hon. Member for Hammersmith. I do not minimise the additional duties set out in the clause—far from it. I will address one or two details, but I anticipate that in Committee we will hear further detail from the Minister on funding.
I am grateful to my hon. Friend the Member for Harrow East, who commented on the interplay between local authorities and local charities and organisations. I mentioned the Routes to Roots organisation in Poole. Each year, the youth worker at the parish church of Lytchett Minster & St Dunstan’s at Upton organises the great Dorset sleep out. You can join us next year, Mr Chope, if you happen to be free on that date—I will perhaps need to give you lots of warning.
Michael Tomlinson
The hon. Member for City of Chester and other hon. Members are more than welcome to join, too. It is a fun occasion that makes a serious point. It does two things. First, it raises money for the charity. Secondly, it raises awareness of homelessness. People picture Dorset and Poole as a leafy part of the country and ask why on earth we have homelessness, yet even today people are sleeping rough on the streets of Poole. One evening a few weeks ago, we heard from two people who had formerly been homeless—they were not homeless in Dorset—but are happily now homed in Poole. Had the measures in the Bill to provide advisory services already been in place, they would have helped those two individuals no end by pointing them in the right direction.
Michelle Donelan
Does my hon. Friend agree that the clause will free up charities to help people via other mechanisms rather than fighting for them to get the advice they need? My local charity in Chippenham, Doorway, has shared that with me.
Michael Tomlinson
My hon. Friend is right. It is about flexibility. Local authorities will have a duty under the Bill, but I would like far greater interplay between local authorities and charities. The relationship works well in some areas, as we have heard from Members on both sides of the Committee, but the aim of the clause is to raise standards across the board.
My final point is on the detail. I am particularly pleased that proposed new section 179(2) of the Housing Act 1996 lists
“former members of the regular armed forces”,
which is right and proper. It also lists
“persons released from prison or youth detention accommodation”.
I am sure the Government’s ambition and intention is to reduce reoffending—if it is not, it should be. There are three key planks to that. One is housing, and the other two are education and employment. If housing or advisory support on housing were available, it would be a big step in the right direction. I strongly support the measures in clause 2.
Mr Jones
It is a pleasure to respond to clause 2 on the second day of our consideration. It is obvious from this first debate that my hon. Friend the Member for Harrow East has chosen well because Members on both sides of the Committee are not only capable and knowledgeable but have spoken with immense passion and power. It is obvious that the members of this Committee care about the enactment of the Bill.
The Government welcome the duty to provide homelessness advisory services and hope it will go a long way in helping to provide access to the same high standard of information and support for everyone. It does not help to prevent homelessness if local authorities provide minimal and out-of-date information but, technically, they could still be acting within the law. The measure is a key first step to addressing that. Having said that, some local housing authorities provide relevant and up-to-date information and, in some cases, tailored advice, and they need to be commended.
The clause will help to ensure that all local housing authorities step up to the standard of the best by providing detailed advice and information to all households in their area while empowering people to seek support before their housing concerns turn into a housing crisis. We hope local housing authorities provide more personalised advice that meets the needs of households that are likely to be at risk of homelessness, and advice that targets the vulnerable groups identified in the clause.
Earlier, I mentioned some prevention trailblazers. The best local authorities include Newcastle, where staff work to gather information to identify people at risk of becoming homeless so they can target their advice and support far earlier so that people do not end up in a housing crisis. That is the spirit in which the clause sets out further obligations for local authorities, and what we expect to happen.
To ensure that the measures work in practice, we will work with local housing authorities, homelessness support organisations and others to review and update the guidance on how local housing authorities should comply with the new duty. In doing so, we will look to Wales, which has a similar duty enshrined in legislation in section 60 of the Housing (Wales) Act 2014, and to other good practice such as that which I mentioned in England.
As I mention Wales, may I respond, in order to assist my hon. Friend the Member for Harrow East, to the point made by the hon. Member for Hammersmith about the extent of the legislation regarding England and Wales? I reassure him that we have discussed the Bill with Welsh Government lawyers and are satisfied that the approach taken in the Bill correctly addresses the devolution points he raised. I have some responses to assist my hon. Friend the Member for Harrow East in a few other areas.
A number of hon. Members mentioned the issue of funding for the Bill. I reiterate that we are absolutely committed to funding the costs of the Bill. As the hon. Member for Sheffield South East, who chairs the Select Committee, mentioned, we are still working with local authorities and the LGA to identify the costs of the Bill. Given how the Bill has been brought to the House, the timescales have been tight, particularly for the Select Committee’s scrutiny process and the tabling of amendments.
We are now dealing with changes to clause 1 to deal with challenges raised by a particular stakeholder group, so we are still finalising the costs. We expect to be able to come to the Committee shortly with the final details of those costs. I can reassure people that when we come back with that final detail, we will be taking into account the costs as a result of clause 2.
Andy Slaughter
The Minister has said that he will come back to the Committee, so I am assuming that we will have something in time for next week’s sitting or the one on 14 December.
Mr Jones
As I have said, I will bring those costs to the Committee as soon as is practicable, but the hon. Gentleman is not making an unreasonable point. I hope to be able to satisfy his request. It is important that the Committee should have the chance to see what the costs are.
The hon. Gentleman made a point about AHAS and the information duty. AHAS raised an issue about councils going beyond the provision of just homelessness issues. I want to be absolutely clear that the measure is about a duty to provide advice and information relating to homelessness only; it is not about local authorities going beyond that. Local authorities can signpost to other services, but we expect them to work with local partners to help address wider issues, and that is what the best authorities are already doing.
The hon. Member for Dulwich and West Norwood raised a point about the Bill, and the clause in particular, being about changing culture at the local level, and I very much agree. I also agree with my hon. Friend the Member for Colchester about reinvigorating the role of housing officers so that they can get back to a position where they genuinely feel they are helping people—as he rightly pointed out, that is why most housing officers took up their roles in the first place. We have seen a similar change in culture in Wales, which bodes well for the Bill. We will make absolutely clear that the revised guidance on what constitutes good advice will accompany the Bill once it makes its passage through the House and into law.
I will conclude by saying that the Government are extremely pleased to support clause 2. We think it will bring about a real shift in culture and enable people who hitherto have not received good advice and assistance to receive the support that they absolutely need.
Bob Blackman
I will respond briefly to the debate. I thank all Members for their contributions and for serving on the Committee.
Those threatened with homelessness or those tragically becoming homeless need to get the help and advice they need as early as possible: that issue is clearly at the heart of the Bill. I turn to some of the points that have been made; if any individuals want further clarification, I am happy to deal with that. Several Members have referred to the mystery shopping exercise conducted by Crisis, which fed into the Select Committee report. The inquiry and the pre-scrutiny of the legislation are one of the benefits this Committee has—we have the benefit of real evidence of the experience across the board. The reality is that the experiences individuals are receiving from local authorities are relatively poor, generally speaking. Some local authorities do a good job, but the majority do not. That is clearly an issue, because advice services are so important.
I will not go into the hon. Member for Hammersmith’s views on his own council. I could have a view of my own council, and I am sure several other colleagues could, too, but the reality is that we want to see all local authorities brought up to the standard of the best on advice and help.
My hon. Friend the Member for Colchester referred to another key issue. We do not want people to get to the point of incurring huge debts and having county court judgments and so on, which mean that they are not able to get accommodation anyway. We want people to get help and advice early.
The hon. Member for Sheffield South East, Chair of the Communities and Local Government Committee, and the hon. Member for Dulwich and West Norwood, also a member of that Committee, referred to the resources required. We are looking to the Minister to come forward with the resources. I accept that these are considerable extra burdens on local authorities. The expertise that will be required is important and unless that is properly resourced, the help and advice needed will not be available. That part of the process is quite clear.
Mr Betts
I beg to move amendment 1, in clause 3, page 4, line 44, leave out from “particular” to the end of the paragraph and insert—
“(i) what accommodation would be suitable for the applicant and any persons with whom the applicant resides or might reasonably be expected to reside (“other relevant persons”);
(ii) the schooling arrangements for the children of the applicant and of the other relevant persons; and
(iii) caring provided to or by the applicant and the other relevant persons;
(iv) the location and natures of the employment of the applicant and the other relevant persons.”.
This amendment would ensure that the assessment of an applicant’s case takes account not only of suitable accommodation for the applicant and those residing with the applicant but also their schooling, caring and work arrangements.
The Chair
With this it will be convenient to discuss the following:
Amendment 3, in clause 3, page 5, line 2, leave out “and”.
See amendment 4.
Amendment 4, in clause 3, page 5, line 5, at end insert—
“(d) what other support the applicant is or may be entitled to from any public authority under any other enactment.”.
These amendments would ensure that, when assessing a case, the local authority must consider any other duties which might be owed, whether by it or by another authority, for example a care-leaver who has applied as homeless may be owed additional obligations under the leaving care provisions of the Children Act 1989.
Mr Betts
We had a very good debate on clause 2. It is a long time since I heard the Minister say, “I’ve got the money and I am going to spend it.” What welcome words! I think that is what the Minister said—he is not correcting me, so we will say that is what the Minister said; we will see in due course how much the money actually is when agreement is reached, as it hopefully will be with the LGA.
There is a similarity between what I am going to say and the debate that we have just had on clause 2. Clause 2 details a whole range of responsibilities for local authorities in terms of the advice and support that they give to people who present themselves as homeless, irrespective of whether they are in priority need. In clause 3, we come to the personal plan and to the eventual offer that is likely to be made to individuals who are homeless.
We heard in evidence to the Select Committee that there were also problems in that regard. I probably want to tag the name Daisy-May to the amendment, because we heard from Daisy-May Hudson, a young, very intelligent, very determined lady. Her family had been made homeless and ended up in temporary accommodation for about a year. She not only gave evidence to the Select Committee, but made a video that was shown to Select Committee members about her experiences. The way in which the family were treated was pretty horrific. As they put it, the brusque letters that came saying no to this and that were really heart-wrenching for them.
One particular issue came to mind, which is why I decided to table the amendment. I say straight away that I want to see something in the Bill that deals with this issue, and if the Minister has a better way of doing it, I am open to hearing from him. The similarity with clause 2 is that requirements relating to what is suitable accommodation, particularly in terms of its location, are all contained in guidance. The Minister has armies of civil servants—hundreds of people—to advise and assist him with his responses and to help him to draw up amendments and alternative wording, so if he can look to them and come up with a better of way doing this, I will always be open to suggestion.
As a Back Bencher, I rely on the expert advice from people in the House—and it is expert advice; it is important to recognise that. The Clerk of the Committee helped me to draft the amendment and drafting advisers on the Select Committee helped us throughout our process. People in the House of Commons Library also helped me to find the right words in the guidance. There is a lot about the suitability of accommodation and its location in the Homelessness (Suitability of Accommodation) (England) Order 2012, which goes into detail about what authorities should be doing on suitability and location in respect of recognising people’s employment, caring responsibilities and education.
However, when Daisy-May gave evidence—indeed, this is in her film—we heard that the family were made an offer of accommodation, but that it was two hours away from her sister’s school. It was completely unsuitable and was just not a reasonable offer. Despite the fact that the family had provided a lot of evidence—medical and other supporting evidence—it was all pushed to one side. As they said, they got a letter and a form to send back with three lines to fill in to say why the accommodation was not suitable. That authority gave a token response, saying, “Here you are. This is the accommodation. If you don’t like it, say in three lines why you don’t.” It was a completely inappropriate way to deal with the matter.
The difficulty is this: eventually the family got a different offer, but only because they threatened to take the case to court—I think they had the help of Shelter, but I may be mistaken in that respect.
David Mackintosh
I thank the hon. Gentleman for mentioning this important point. I share his view that the video that Daisy-May Hudson presented to us in the Select Committee aptly deals with all these issues and should be viewed by every member of this Committee, so that they can see the issues that people face. I want to see provisions on that in the Bill, and I think the Minister might touch on that later.
Mr Betts
I look forward to hearing what the Minister has to say. I draw a parallel with clause 2, which will be on the face of the Bill—hopefully on the face of the Act—because the current guidance is not always observed; it is not as strong and does not give people as strong a right to the services that we think they ought to have. I am making the same point with the amendment. Currently, the suitability of the location is contained in the guidance. An authority should take account of it, but in the end it does not have to. Now, perhaps people can take a judicial review against the authority, but we should not be relying on applicants in very difficult circumstances to get appropriate advice and take a JR against the local authority to ensure that the will of this House is implemented.
Michael Tomlinson
Following the point made by my hon. Friend the Member for Northampton South, would the hon. Gentleman release the video that he is talking about, or get permission to have it released, so that those of us who do not have the privilege or pleasure of being members of his Committee can have the benefit of seeing it as well?
Mr Betts
I certainly will. The Select Committee saw it, and I believe that it was also sent to its members so that we could view it on our own computers. I think that there are licensing issues with the ownership, but I will certainly go back to the Clerk of the Committee to see whether it can also be released to members of this Committee. That is a very helpful point and I will try to achieve that.
The purpose of the amendment is to put on the face of the Bill the requirement to take account of those issues when drawing up the plan with a view to looking at what accommodation might be suitable. I entirely understand that it might not be possible in some parts of the country—particularly London. It might be that an authority has no suitable accommodation in-area and therefore, in the end, must go out of borough. That might be inevitable in some areas.
In other parts of the country, including mine in Sheffield, although there is a shortage of suitable accommodation and it is not always possible to have regard to all the factors when an allocation is eventually made, when considering a suitable offer authorities should at least have regard to where children are at school and where caring responsibilities are in place, either for or on behalf of the individuals who are homeless or threatened with homelessness. If people are in work, authorities should look at whether they can continue to get to their job and whether they will lose their job as a result of being found a house. Where possible, authorities should have regard to those things, but they do not always do so. I have had letters on behalf of constituents from my local authority saying, “We can’t really take account of those issues. It’s going to be one offer, and that’s it.” That is not acceptable. If it can be done, it should be done.
Christian Matheson
Is the point of my hon. Friend’s amendment therefore to overcome the idea that when an offer is made the local authority has discharged its duty and can walk away from the problem?
Mr Betts
Exactly. It is not always possible, and some people will become homeless in areas where there simply is not a local authority property of the right size available, and where one will not become available for some time. Of course that is the case, but in other areas a little more thought and effort by the local authority could achieve a much better offer to meet people’s needs according to the code of guidance.
Alison Thewliss
The hon. Gentleman is making an excellent case. Does he agree that getting it right in all those cases will increase the sustainability and the likelihood of success in the new accommodation? If people are supported by their family networks, schools and employers and are able to maintain that, they have a greater prospect of having a successful, happy life.
Mr Betts
That is absolutely right. We must not find somebody family accommodation, only for them to lose their job. If a family is homeless or threatened with homelessness, that affects the whole family, and the young people in particular. If a young person who has already been through a traumatic experience is studying at school for their exams, and if their family goes through that trauma and they suddenly find that they have to move school at a crucial time and possibly travel for two hours to get to the new school, they might drop out. All those things add to their problems.
There might be other ways of doing this. It might be—I am sure the Minister has even better advice than we do—that the clause can be amended so that the local authority has to take account of the code of guidance when drawing up a plan to provide suitable accommodation for a family in priority need. I will await the Minister’s response, but we have to toughen up the clause. It is no use simply saying that the code of guidance is there; we have to do something to make sure that it is followed in practice when families are in real need and when they need a suitable offer in the right location, wherever that can be achieved.
Will Quince
I intend to speak only very briefly. I have great sympathy with the point being made in the amendment tabled by the hon. Member for Sheffield South East. We have all seen these situations, certainly in constituencies around London. My constituency is 50 or so miles outside London and my constituents regularly come to me for assistance because the council is putting them into temporary accommodation in Ipswich. Although it is only 20 miles away, that is a long way for people who do not drive: they are 20 miles away from their school, their place of work, their support network or their family. We know the considerable burden that places on those who are in very vulnerable situations and are going through a crisis.
However, I have some concerns about the enforceability of what the hon. Gentleman proposes, partly because the requirement already exists in article 2 of the Homelessness (Suitability of Accommodation) (England) Order 2012. In my view, the solution is not duplication of existing secondary legislation, but the Government ensuring that that legislation is given more teeth and enforceability. As well-meaning as the amendment is, my fear is that it will not achieve anything, because the existing legislation already ensures that local authorities have to take into consideration the suitability of accommodation for the applicant and issues such as schools, caring requirements and work arrangements. Subject to the Minister’s approval, the obvious answer is for the Government to take the hon. Gentleman’s concerns away and look at how to ensure that the existing legislation, which already requires local authorities to do what he asks, is given teeth and enforceability.
Andy Slaughter
Before I speak to the amendments in my name, may I briefly express my support for the amendment tabled by the Chair of the Communities and Local Government Committee, my hon. Friend the Member for Sheffield South East? I am surprised that Government Members are not prepared to support it; I ask the Bill’s promoter to encourage his colleagues to do so. Although the hon. Member for Colchester is absolutely right that there is case law and guidance on locality, it is fair to say that it is often more honoured in the breach than in the observance. The consequence is a lot of unnecessary litigation, where advice and lawyers are available to assist with it, and a lot of work. My office spends a huge amount of time on this issue, trying to persuade local authorities not to move people out of the area or to bring them back after they have been moved, when it has proved impossible for the family to continue to live as they did before.
I had a case in my surgery this week in which a family with three children were living in temporary accommodation that was so poor, with damp and disrepair, that the local authority needed to move them somewhere else. There is nowhere available in the borough at the moment, so it is seeking to move them outside London. All the kids are in local schools. My view was that the family had been in temporary accommodation for 10 years in a variety of places, so surely the solution was to find them permanent accommodation. That just showed that I am not completely in touch with everything that goes on, because my senior caseworker said that it is not exceptional now for people to spend 10 years in temporary accommodation. That gives a little insight into the real problems that occur, particularly in London boroughs but elsewhere too. That point needs to be emphasised, so I strongly support what my hon. Friend said.
Let me deal briefly with the amendments standing in my name. I entirely accept that I am placing those additional burdens on local authorities that I warned against about an hour ago. That is why I am particularly keen to hear the Minister come forward with his bag of cash at the earliest opportunity. Nevertheless, if we are to legislate for the long term, we need to make clear what we expect housing authorities to do.
Michael Tomlinson
I am grateful to the hon. Gentleman for giving way, and I am delighted by the smile on his face as he presents his amendments. Does he not see that, as drafted, the obligation on local authorities is so wide that they would have to look across multiple different authorities in order to fulfil it? I think he notes that by his smile. Is this not just placing unreasonable burdens on our local authorities?
Andy Slaughter
I will turn the point around and say that the objective of the Bill is either to pay lip service to a problem or it is designed to tackle a problem. When individuals in housing need, owed duties by the state, present themselves, they will receive advice and assistance. That point was made by a number of hon. Members on both sides of the Committee in relation to the list in clause 2. That is not an exhaustive list, though it could be quite onerous. We will later consider, under clause 10, the way that other public authorities should assist local authorities in discharging their duty, and that is the other side of the equation. I will not say anything more on that because I am conscious of the time. I will simply say that if we are going to look at the different approach that local authorities need to take, we should be as comprehensive as possible.
If I may be allowed two sentences, I think they will evolve neatly into talking on clause stand part. I am conscious that, as we will probably find in every clause, there are caveats from homelessness charities that the proposed legislation does not go far enough and caveats from local authorities that it places undue burdens. The AHAS does not see the need for a plan that it believes would be extremely onerous in the bureaucracy, the drawing up, the modifying and the review of that. Shelter would say that there is no statutory right to a review on the plan and that that itself should be reviewed. I think we have probably got it about right. There is a need for a plan. I do not accept what local authorities say on that point. I am conscious of the example that the LGA gave in relation to this. It used the example of Stoke-on-Trent Council, which believes that the administrative costs around prevention work will require four more homelessness officers at about £35,000 a year each, just in relation to dealing with those issues.
I will stop there, Mr Chope, by urging support for the amendments in my name and that of my hon. Friend the Member for Sheffield South East. We are, a little bit, creating a wish list and talking in a vacuum until the Minister makes clear what resources he intends to provide.
Helen Hayes
I wish to speak briefly in support of amendment 1, which arises directly from evidence we heard in the Communities and Local Government Committee, as the Chairman of that Committee has already said. It also speaks directly to the experiences of my constituents and some of the most devastating cases in my time as a Member of this House and, before that, as a local councillor.
As Members well know, homelessness is one of the most devastating circumstances that can befall someone in the UK today. In such challenging circumstances, people will often hang on to every little bit of stability that they can, in particular for their children. Which of us would not do that? My local authorities do everything possible to place people in borough when they have to provide families with temporary accommodation. When they place people outside the borough, they do everything they can to find accommodation in neighbouring boroughs, so people do not have to travel long distances.
The first of two cases that I particularly recall involved a family placed in temporary accommodation in Edmonton who were travelling with their children to primary school in Dulwich every day. That is a very long distance, by any stretch of the imagination. The train would have been the quickest way to make the journey, but they could not afford that, because they were a family facing homelessness. They had to leave their temporary accommodation in Edmonton at 5.30 every morning to travel with their children to my constituency for school, because they were part of a stable school community and knew that their children were receiving good support there.
More recently, a family living in temporary accommodation —a hostel in Dulwich—were travelling every day to Leytonstone with their daughter to attend primary school. Similarly, because they were a family in destitution and without any money, mum was sitting on a park bench in Leytonstone for the duration of the school day before collecting her daughter and travelling back to Dulwich. Such circumstances are devastating.
The other sets of circumstances covered by the amendment are, straightforwardly, invest-to-save provisions. I can recall countless constituents who have come to my surgeries to tell me that the local authority is suggesting that they move to accommodation further away, but they are fearful of what that would mean in terms of loss of support from their family and community networks. Furthermore, most often, they are constituents with mental health difficulties. As we know, and it seemed self-evident when I was talking to them, if they were forced to move from their support networks, their families and the people they rely on to maintain some stability in their lives, there would be additional costs. Not only would those individuals be much more likely to be forced into a crisis, but there would be additional costs to the NHS and to social services arising from people being moved away from their informal networks of support.
The final set of circumstances covered by the amendment involves people who are in employment. We all applaud anyone facing homelessness who manages to sustain their employment. That is a difficult enough thing to achieve in the best of circumstances, but if as a consequence of homelessness people are forced to move a long distance from their employment, so that they could not afford the travel costs or time, the burden would become unsustainable. That, too, would be a false economy. The state should be doing everything to ensure that, where possible, employment can be sustained.
For those reasons, I hope that the promoter and the Government will accept the amendment, because the matters that it covers are so important that they should be on the face of the Bill.
Mr Jones
On amendment 1, tabled by the hon. Member for Sheffield South East, local housing authorities must already have regard to the significance of any disruption that would be caused by the location of the accommodation to the employment, caring responsibilities or education of the person or members of the person’s household under article 2 of the Suitability of Accommodation (England) Order 2012. I therefore do not agree that an amendment to repeat that point is necessary.
To expand on that and to reassure the hon. Gentleman, local authorities must by law take account of the factors included in a suitability order. If an authority acts illegally, as he pointed out, households would have redress by review and on appeal. My Department intervened in a Supreme Court case on just this point to ensure that the order and the guidance are followed.
Mr Betts
I hear the Minister, but the fact is that local authorities often do not do that. It is okay saying, “Well, there are reviews and we may eventually get to legal action,” but when a family is homeless and desperate for accommodation—they will probably be in temporary accommodation—that is not a great help.
Another problem is that the words “must” and “should” seem to be used interchangeably. The Minister said that local authorities must have regard to the guidance, and he used the word “must” with regard to medical facilities, but the word used in paragraph 53 of the supplementary guidance on the 2012 order is “should” not “must”. Is that not a problem? Could we at least look at toughening up that guidance by putting in a few more “must”s instead of the “should”s that are currently in it?
Mr Jones
I have great sympathy with the hon. Gentleman’s points, certainly where local authorities are not complying with the 2012 order in the way that is intended. The existing power in section 210 of the Housing Act 1996 allows the Secretary of State to make an order—secondary legislation—to strengthen the definition of “suitability”. Such an order may specify the
“circumstances in which accommodation is or is not”
suitable or
“matters to be taken into account or disregarded in determining whether”
the accommodation is suitable.
We expect councils to adhere to both the 1996 Act and the 2012 order. As I say, that Act gives us significant powers where the order is not followed. I reiterate that that is not guidance but an order, and councils must adhere to it. The Bill must serve as a reminder to local authorities that the order must be adhered to, and I put local authorities on notice that if it is not, we can review and change the regulations through the 1996 Act. Should councils not respond to the Bill or the order that is already in place, I am certain that we will seek to do that.
David Mackintosh
Does the Minister think that that would be a good thing for the Communities and Local Government Committee to look at?
Mr Jones
I always welcome the Select Committee’s work, and if councils do not respond in the way that we ask them to respond—that is, by adhering to the 2012 order, the importance of which is reiterated in the Bill —it perhaps would be sensible for the Select Committee to look at the issue again.
I agree with what the hon. Member for Sheffield South East said on Second Reading about recognising the importance of speaking to people from the very beginning about addressing their housing needs. We are talking about the important first step in creating the culture that we all want. We need a more co-operative and effective relationship between local housing authorities and those they try to help. That is why clause 3 is really important. However, I do not think it is necessary to amend the Bill, as the hon. Member for Sheffield South East would like.
Amendments 3 and 4 tabled by the hon. Member for Hammersmith would require local housing authorities to consider a further requirement when assessing the applicant’s case. There would be a requirement to consider,
“what other support the applicant is or may be entitled to from any public authority under any other enactment”.
The amendments would create a very broad duty. Local housing authorities would need to investigate the legal duties of multiple authorities to identify whether such a duty were owed. There could be a scenario, for example, where a local housing authority would have to undertake a mental health assessment to establish whether a person is owed duties in respect of any mental health issues that they may have.
Owing to their wide-ranging nature and the general requirements that the amendments would bring to local housing authorities, the proposed changes would place an unacceptable burden on those authorities. As I mentioned previously, local housing authorities already have to take into consideration a wide range of factors, including the significance of any disruption that would be caused by the location of the accommodation to the employment, caring responsibilities or education of the person or members of the person’s household; and the proximity and accessibility of the accommodation to medical facilities and other support.
Successful prevention, as the best local authorities already know, takes a broad view in assessing needs. Many of the things we are looking at here will be dealt with in the personal housing plan, which is covered in the substantive clause.
Andy Slaughter
To look at this the other way, does the Minister not think that it could be helpful to local authorities in identifying other organisations or other resources that should be brought into play? What was good on clause 2 in relation to specifying people with particular needs may also be good on clause 3.
Mr Jones
There are many ways in which the Bill broadens the support that people will get. As the hon. Gentleman knows, later in the Bill there is a duty to refer. Organisations will therefore have to notify local authority housing teams of people in certain circumstances as they pass through the NHS system in hospital A&Es and so on. The hon. Member for Sheffield South East is proposing a broad provision. As I said, it is difficult in terms of its workability. The challenge would be massive for local authorities, which would almost have to become experts in massive areas of work that they are simply not in a position to be experts on.
However, the hon. Gentleman is absolutely right that local authorities can work in a better and more collegiate fashion across public services and other organisations that can help people who are homeless or becoming homeless. In many ways, the Bill will seek to achieve that. I therefore do not think it is necessary at this point to support the amendments that the hon. Gentleman has tabled.
Mr Betts
I have a difficulty because I do not think the provision is satisfactory. Equally, I understand that the Minister wants to see what is in the code of practice or code of guidance implemented. From a Select Committee point of view, we had a clear view: we were concerned that these matters were not being properly addressed in terms of location when offers were made to people who qualify as homeless persons. We are trying to find a way forward that keeps some unanimity, but gives us more reassurance that something will be done. I take the point made by the hon. Member for Northampton South that there could be a role for a Select Committee, but there is also a role for Government.
Homelessness Reduction Bill (Third sitting)
Wednesday 7th December 2016
(7 years, 4 months ago)
Public Bill CommitteesRead Full debate Homelessness Reduction Act 2017 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 7 December 2016 - (7 Dec 2016)
The Chair
I remind the Committee that with this we are discussing the following:
Amendment 3, in clause 3, page 5, line 2, leave out “and”.
See amendment 4.
Amendment 4, in clause 3, page 5, line 5, at end insert—
“(d) what other support the applicant is or may be entitled to from any public authority under any other enactment.”
These amendments would ensure that, when assessing a case, the local authority must consider any other duties which might be owed, whether by it or by another authority, for example a care-leaver who has applied as homeless may be owed additional obligations under the leaving care provisions of the Children Act 1989.
Mr Clive Betts (Sheffield South East) (Lab)
At the last sitting, I talked about amendment 1 and how it was important, when local authorities made an offer of housing accommodation, to have regard to the location of that accommodation in respect of the household’s employment, caring responsibilities, schooling arrangements and so on. I said it was important to ensure that the code of guidance was implemented and I sought unanimity across the Committee on that matter.
Since then, the Minister helpfully requested a meeting with me and the hon. Member for Harrow East. We talked about what was in the code of guidance and I accept that there are probably more things in there than in my amendment. The problem is that many local authorities are not having proper regard to that and are not carrying out their responsibilities in the way we would like.
I am sure the Minister will confirm that he has now indicated that once the Bill is enacted, he will write to all local authorities to draw attention not merely to the new elements of responsibility they will have under the Act, but to existing responsibilities under previous legislation and the code of guidance. He will ask them to come forward with a strategy to deal with homelessness. He will work with the Local Government Association to try to get some model wording for the advice that local authorities will offer to those presenting themselves as homeless, including on suitability and appropriate location of a property, that a local authority should have regard to.
The Minister will ask authorities to reply to him indicating their strategy and the wording in their advice. He will then have staff available to go into those local authorities where he has concerns that they might not be following that through. I think that is a summary of our conversation, but I would be happy for the Minister to confirm that on the record. In that case, I would not press my amendment and would be happy to move on with our discussions.
The Parliamentary Under-Secretary of State for Communities and Local Government (Mr Marcus Jones)
I thank the hon. Gentleman for the constructive conversation that we had following last week’s Committee sitting. I am pleased that he recognises that local housing authorities must already have regard to the significance of any disruption that would be caused by the location of the accommodation to the employment, caring responsibilities or education of the person or members of the person’s household, under article 2 of the Homelessness (Suitability of Accommodation) (England) Order 2012.
I look forward to working with the hon. Gentleman on the successful implementation of the Bill. As he said, that will include working with the sector on the code of guidance and on the co-production of templates for personalised plans on this and other elements of the Bill; re-emphasising to local authorities the importance of complying with the suitability order; and taking the further steps that he has just mentioned.
Ms Karen Buck (Westminster North) (Lab)
Will the Minister assure me that, within the code of guidance and his follow-up to ensure that local authorities are implementing it, due regard will be given particularly to the most vulnerable children with special needs? I say that because only this week I dealt with a case—one on review—where a family with a severely disabled child attending a special school in central London had been placed by Westminster Council in Essex, requiring the parents to get up at 5 in the morning and commute for five hours a day. That child has now been in that situation for many months—
Mr Jones
I hear what the hon. Lady says. We are saying that the suitability of accommodation order should be followed. We are determined that we want that to be followed and, therefore, will reiterate that in guidance. We will take the steps mentioned by the hon. Member for Sheffield South East to ensure that local authorities are complying with the law.
Mr Betts
That brings the discussion of this matter to a conclusion. I thank the Minister for his reassurance and for taking the significant initiative of having that conversation ahead of this sitting to try to get agreement. Not all Ministers behave in that way, so when they do we should respect it and have proper regard for it, because that is how things should be done. I very much thank the Minister for that, and I thank the hon. Member for Harrow East for joining that discussion. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Bob Blackman (Harrow East) (Con)
I thank hon. Members for the amendments they have tabled and for the debate we have had. I reiterate to the hon. Member for Sheffield South East that we are not talking about mere guidance; local authorities will be ordered to take into account matters of education and employment, and the other aspects he mentioned. We wish to proceed in this Committee by consensus and discussion. If we can agree on that, it is going to help considerably.
Clause 3 will require local housing authorities to carry out an assessment for all cases in which an applicant is homeless or threatened with homelessness. The housing authority will have to look at the circumstances that caused the person to become homeless, or that threatened them with homelessness, which will be specific to that person, and it will have to look at the person’s housing and support needs.
Following the assessment, the authority must work with the applicant to agree what steps need to be taken by the applicant to secure and retain suitable accommodation, and what steps need to be taken by the authority to help them. The steps must be notified to the applicant in writing, in the form of an agreed plan, which will mean that applicants will be clear on what steps they, as well as the local authority, need to take to get accommodation.
There may be circumstances in which agreement cannot be reached. If that is the case, the local authority must record the reasons why and provide the applicant with a written copy of them that also contains the steps that the authority will take and those that it thinks it would be reasonable for the applicant to take.
The clause has been included in the Bill because local housing authorities are not currently required to assess the circumstances that have caused an applicant to become homeless or to be threatened with homelessness. That can lead to vital information about the applicant’s circumstances being missed, which in turn causes them extra difficulties. By asking applicants for more information about what happened to make them homeless or led to their being threatened with homelessness, a potential solution should be identified.
A more personalised approach will definitely help local housing authorities to get it right first time and prevent people from becoming homeless. The tailored approach will help the applicant and the housing authority to understand the actions that have to be taken and the responsibilities on both sides. The clear intention is to help both the housing authority and households to become more effective in preventing and alleviating homelessness, thereby diverting more households from the crisis point.
I have sympathy with the desire of the hon. Members for Westminster North and for Sheffield South East to ensure that the consideration of specific issues relating to education, employment, health and other matters is spelled out. Only this past weekend, a constituent’s case was related to me. The husband is undergoing knee surgery at a local hospital, the three children are in local Harrow schools, and both the mother and father of the children are employed locally. Harrow Council has offered them a place in Wolverhampton, so it is clear that the existing order is not being enforced correctly. I welcome the Minister’s commitment to making sure that local authorities understand and implement their duties. With that, I commend the clause to the Committee.
Question put and agreed to.
Clause 3 accordingly ordered to stand part of the Bill.
Clause 8
Local connection of a care leaver
Question proposed, That the clause stand part of the Bill.
Andy Slaughter (Hammersmith) (Lab)
Good morning, Mr Chope. It is good to see you in the Chair again.
The clause is uncontroversial and we support it. The objective of the clause, as we see it, is to give greater flexibility in the case of care leavers, particularly when there is a conflict between different authorities or different tiers of authorities within the same area. I gently point out to the Minister that that is exactly the point I tried to make with amendment 4, which he rejected. It may be that, in looking at the Bill again, he would like to see those provisions not only for care leavers but more generally, and for local authorities to consider what their duties are towards people presenting as homeless.
Michael Tomlinson (Mid Dorset and North Poole) (Con)
I will briefly pick up on one theme in relation to clause 8, which I support wholeheartedly. As the hon. Gentleman said, it is relatively uncontroversial, but it is worth teasing out a little.
Of course, care leavers are at particular risk of homelessness. I think of foster carers. There are many excellent foster carers across all of our constituencies. Foster carers and families that I can think of in Dorset, in particular, look after children from beyond the boundaries of Dorset, and the clause will help them and local authorities to avoid any confusion as to whether there is a local connection for those care leavers. That relates to foster carers in particular, but there are other examples. I believe that the clause is uncontroversial and should go through unamended.
Mrs Flick Drummond (Portsmouth South) (Con)
I agree that the clause will substantially improve the ability of care leavers to access homelessness assistance. However, I would like to see some movement towards the Government’s “Keep on caring” strategy, which extends some support to care leavers up to the age of 25. There are other Bills looking at that as well. Will the Minister comment on that?
Mr David Burrowes (Enfield, Southgate) (Con)
I very much support the clause and its focus on care leavers. I note that it is not an extension of the local connection that was considered in the draft Bill, which the Communities and Local Government Committee scrutinised and recommended should not be extended more widely—and that was accepted—as it could have caused some issues and was perhaps in conflict with existing guidance.
I want to ask the Minister about a concern that I think is shared by the hon. Member for Westminster North. The Select Committee’s earlier report recommended that the Government should consider the guidance given to local authorities for when families move from lower-cost areas to high-cost areas and subsequently present as homeless after a short period in private rented accommodation. That is a regular reality in Enfield, where many people come for accommodation from boroughs such as Westminster. That leads not only to the presentation of homelessness after a period of time in private rented accommodation, but associated needs as well. There are often complex needs, and the bill has to be picked by Enfield.
That is something that happens all too often and there needs to be a proper attempt to deal with it, with guidance and proper co-ordination. I have spoken to London’s deputy mayor for housing about the meetings that are taking place with directors of housing to try to deal with this problem, which is affecting outer London boroughs such as Enfield.
Mr Jones
The Government welcome the clause. We believe that it will lead to more care leavers who experience homelessness getting help in the area that they feel at home in, where they are close to the people who are important to them and to the services that they use. As my hon. Friend the Member for Enfield, Southgate explained, broadly speaking somebody may have a local connection with an area because they live there or have been living there for a certain amount of time, because they work or have family associations in the area, or because they have other special circumstances.
David Mackintosh (Northampton South) (Con)
Recently, the all-party group on ending homelessness held an evidence session with care leavers. One issue that came up, aside from housing, was that people in care often do not have the life skills to help them when they leave care and try to make it on their own in the world. Has the Minister seen that evidence? If not, I would be happy to send it to him.
Mr Jones
I thank my hon. Friend for that intervention. He has done an enormous amount of work with the all-party group. I am aware of the information he referred to, and would be more than willing to meet him to discuss it at greater length.
Under the existing rules, a young person leaving care can find it difficult to establish a local connection in the area where they feel most at home. That is likely to be a problem if they were living in an area different from that of their home local authority while they were in care, or if they have been looked after by a county council that has several local housing authorities within its boundaries.
Michelle Donelan (Chippenham) (Con)
Does the Minister accept that it is important to value and listen to the opinions of young care leavers, who are perhaps the most vulnerable in our society? I recently visited Alabaré in my constituency. One young woman told the harrowing story of being placed away from the area she identifies as home and the effect that had had on her.
Mr Jones
I thank my hon Friend for making that point. We should never forget that we are discussing a group of people who, through no fault of their own, have had a very difficult and tough start in life. When they are leaving care, we should not make the situation any more difficult for them; indeed, we should help them, which is why my hon. Friend the Member for Harrow East has included this clause in the Bill so that we can help and assist a group of people who are often very vulnerable and deserve the best chance in life.
The proposed amendment to the definition of a local connection will make it easier for care leavers to get help with homelessness in the area where they feel at home, even if that does not fall within the current requirements. To make sure that it works in practice, we will work with local housing authorities, children’s services authorities and specialist voluntary sector agencies to review and update the guidance on how local authorities should comply with the new duty.
It is important that care leavers get the help and support they need. As I said in response to my hon. Friend the Member for Northampton South, when they are trying to secure help from homelessness services in the area to which they feel most connected, they should not be disadvantaged because of their background in care. When they find themselves facing a housing crisis, the change in the Bill should help them to get back on track and to move on in their lives in the area where they feel most at home and are most likely to have the support networks they need.
David Mackintosh
There can sometimes be a difficulty when care leavers are looking for housing in two-tier areas because services are managed by different authorities. Will the guidance take that into account?
Mr Jones
My hon. Friend makes a good point. As I was saying, the care leaver is often in the care of a county authority, which has the responsibility in that regard, but may then wish to reside in a district of the authority that has housing responsibility. The clause certainly will recognise that challenge in two-tier areas.
My hon. Friend the Member for Portsmouth South takes a huge interest in care leavers and in other legislation currently going through the House that affects them. We cannot second guess other Bills when we are making this legislation. Any legislation being made by the Department for Education that might affect the age at which people leave care will ultimately have an effect on the work of local authorities. We need to wait to see those legislative changes before we seek to look at what further guidance will be provided to local authorities as a result of the Bill.
The intentions of the hon. Member for Hammersmith are honourable, but by extending the provisions we might very much end up with the guidance in conflict with the existing situation, so at this point we should not look to change it. I am also more than willing to sit down with my hon. Friend the Member for Enfield, Southgate to discuss the important issues he raises. During the passage of the Bill, I am sure we will get the opportunity to have a sit-down and a chat about them over coffee.
Bob Blackman
We have had a useful brief debate on the clause. We should remember that the existing position for care leavers to prove a local connection is that they must be currently or previously normally resident in the area, be employed there, have a family association or have special circumstances. Care leavers are often unable to prove such a position, which makes it very difficult for them to get assistance when they need it on leaving care. Young people leaving care are extremely vulnerable and need assistance with housing.
My intention is to clarify the position so that it is straightforward for a local authority to house care leavers in their area if they wish to do so, and so that any district can accommodate care leavers if they are in the care of the county. The local connection will therefore be enhanced and provide a facility, as the Minister described. My intention is to make it much easier for care leavers to prove a local connection and therefore to gain assistance from the local authority.
Question put and agreed to.
Clause 8 accordingly ordered to stand part of the Bill.
Clause 9
Reviews
Andy Slaughter
I beg to move amendment 9, in clause 9, page 15, line 32, leave out paragraph (ba)(i).
This amendment would enable the different review stages to be amalgamated and processes streamlined.
The Chair
With this it will be convenient to discuss amendment 10, in clause 9, page 15, line 42, leave out paragraph (bc)(i).
This amendment would enable the different review stages to be amalgamated and processes streamlined.
Andy Slaughter
The clause and amendments go to the heart of the dilemma that we talked about last week on clause 2. Almost everyone on the Committee supports the intentions of the Bill and the extension of the duties to local authorities, but that poses a substantial question about the additional burden and cost placed on local authorities. We continue to wait with bated breath for the Minister’s pronouncements on finance that we were promised for the Committee stage.
My amendments are probing—I do not intend to press them to a vote—because at the end of the day having a review provision in the Bill is right. I am sure Committee members have read the briefings we have had from London Councils and the LGA. London Councils estimates at least four additional stages for which a review might be requested. The very helpful explanatory notes to the Bill give eight examples of circumstances in which a decision may be reviewed.
Review decisions have become something of an art in local authorities. Highly experienced housing officers seem to spend their entire lives constantly writing reviews of homelessness decisions. In many cases, the decisions were thorough and proper—they have to be, one reason being that they are subject to review by the county court. Additional resources and staff are likely to be needed by local authorities not only internally, but because of a lot more proceedings in the extremely overstretched county courts, which already have substantial waiting lists for hearings.
There are two examples in the briefings. The group of east London authorities estimates that review processes will cost an additional £4 million a year. Swindon Borough Council estimates that it will need to employ two to three officers in addition to the existing seven employed in its homelessness section. These are substantial resources for individual authorities, but spread across the country they would be a huge additional burden.
I hope to keep my comments uncharacteristically short on the amendments because the Government have an opportunity to show that they have thought about the consequences of the Bill. The debate on Second Reading showed that we have largely discussed and agreed the principles of the Bill and the additional duties.
We want to know how the Bill will work. This is a good example of where the Government can show that they have already thought about it. When I talk to my local authority and others, particularly in London where pressures are highest, there is huge concern they will be overwhelmed when the Bill is enacted. In many cases, having cut their budgets by about 50%, they simply do not have the resources to deal with the provisions.
Ms Buck
I rise briefly to echo the points made by my hon. Friend on the review process. This is potentially life-changing. A review is important because it could be the difference between an individual and a family having a prospect of security in their housing conditions or being left to fend for themselves despite their vulnerability. It is essential that local authorities ensure that there is a proper review process at every stage. I support the principles of the Bill in ensuring that, with the additional duties and expectations it introduces, there is capacity for review at every stage of the process. However, as my hon. Friend said, it is critical that that process is properly supported and resourced.
I would like to know from the Minister what estimates his Department has made of the additional number of reviews that are expected in different local authorities. We know that the burden of responsibility will fall particularly heavily on London local authorities and those on the front line. What expectations does the Minister have of the additional costs? If those costs are not fully funded by local authorities, one disturbing consequence will be that the review process will be delayed.
I am sure I am not alone as an MP in frequently dealing with very distressed constituents who come to me saying that they have come to the end of the review process only for the local authority to ask for additional time, leaving them in emergency accommodation in very unhappy circumstances and often huge psychological distress. It is very important that we do not allow that to happen.
Finally, as my hon. Friend said, the Bill has to be seen in the context of an unprecedented squeeze specifically on funding for housing services in local authorities. Shelter has estimated that housing services—not the provision of housing; just the administration of housing services in local government—have fallen by 8% in the past year alone and by almost a quarter since 2010. That is a bigger single reduction than in any other area of local authority services. We all support the Bill, but it is absolutely incumbent on the Minister and Department to recognise that point, ensure that the resource implications are spelled out and understood by the Committee, and make a commitment to full funding.
Mrs Drummond
I disagree with the amendment because the review process is important to give everyone a voice and ensure a fair and transparent service. It is therefore vital that the process is extended to cover all relevant decisions that can affect an applicant’s journey under the new duties. I disagree with the amendment because it would remove protections from the applicant.
The amendments would remove the statutory right of review in two instances. First, it would remove a person’s right to review
“any decision of a local housing authority…as to the steps they are to take under subsection (2) of section 189B”.
Those steps are the reasonable steps the authority must take to help to secure accommodation. Secondly, the amendments would remove a person’s right to review
“any decision of a local housing authority…as to the steps they are to take under subsection (2) of section 195”,
which comes from the fact that the authority
“shall take reasonable steps to secure that accommodation does not cease to be available”.
I understand that there might be a resource implication, but it is extremely important that vulnerable people get the right review processes so that they can get accommodation under the Bill.
David Mackintosh
I agree with my hon. Friend. I understand the need to streamline in local authorities or local housing authorities, but the amendments would be counterproductive and would take away some of the protections afforded to people. From my time as a local authority leader and from cases I see in my constituency, I know that people value the ability to challenge decisions. The provisions under clause 9 help with that, so I am pleased that the hon. Member for Hammersmith will not press the amendments to a vote.
Mr Jones
The Government do not believe that amendments 9 and 10 will have the intended effect. Rather than streamlining the reviews process, the changes would simply remove protections for applicants. They would have the effect of removing an applicant’s right to request a review of the steps the local housing authority considers reasonable for it to take to help the applicant to retain or secure accommodation, which we would not seek to do. It is only right that applicants have the opportunity of redress.
We recognise the concerns that the review process has become difficult for some authorities, but we do not believe that cutting out safeguards for vulnerable people is the best answer. We will monitor the impact of the new duties on the levels of reviews, and we will work with stakeholders, including local housing authorities, to see what improvements can be made to the process.
Taking up the general point made by the hon. Members for Hammersmith and for Westminster North, we have worked with representative groups of authorities to understand the impact of the clause and have fed that back into the costs model. I can certainly say that this and other measures in the Bill will be funded. We are in the process of speaking to the LGA to discuss our final proposals. We also need to ensure that we have got things right in relation to clause 1.
Michael Tomlinson
Perhaps when there is clarity on funding and with reassurance from the Minister, the amendments, and the concerns of the hon. Member for Hammersmith in relation to the clause will fall away. His amendments would emasculate the clause.
Mr Jones
I hope that that will be the case. I was heartened to hear that the hon. Member for Hammersmith does not propose to press the amendments to a Division. Understandably he wants to highlight the issue, but he also does not want to put something in the Bill that has the effect of taking away the rights of very vulnerable people.
We are developing a costs model around this and the other clauses in the Bill. We expect to be in a position to bring it to the Committee shortly. We need to clarify clause 1, as I have said, but after that I expect that the Committee will be able to see that we are funding this provision and other aspects of this important Bill.
Bob Blackman
I thank the hon. Member for Hammersmith and other Members for the brief debate we have had on these amendments. As the Minister and other colleagues said, the amendments would remove the right of review.
We should remember that local housing authorities will be dealing with a much greater volume of people whom they will have a duty to assist. Those people are extremely vulnerable. They have come into the local housing authority, probably for the first time, because they are either threatened with or suffering from homelessness. They are likely to agree to almost anything that the local authority says on first sight because they are in a position of seeking help and advice. When they go away with a plan put together with the local authority, they may discover after reading it and taking further advice that what is being offered is not reasonable. It would be quite wrong to remove their right to appeal and have the decisions taken about their case for help and assistance reviewed. I am sure that that is not the hon. Gentleman’s intention, but that would be the effect.
My hon. Friends on the Select Committee will know that during our inquiry, we took a great deal of evidence on that. Local housing authorities do not always do what they are supposed to do. They do not always adhere to everything expected of them—the mystery shopping exercises substantiated that during our inquiry. It is important therefore that reviews are possible for people who claim and need assistance from a local authority. That is why the reviews are spelled out loud and clear in the Bill. My concern is that the amendments would remove the protections for applicants.
I have every sympathy with the hon. Member for Westminster North in respect of potential delays. The Minister made an important commitment to monitor the process to ensure that we do not have review after review, and delay after delay, preventing people from securing accommodation. The resources provided to assist local authorities in delivering the duty are vital.
Michelle Donelan
Does my hon. Friend agree that our current system often unintentionally exacerbates the problems for those who face homelessness? That is why it is so important we are careful with every amendment not to do the same thing. We are trying to rectify the situation.
Bob Blackman
As my hon. Friend says, the clear intention behind the Bill is to have a comprehensive strategy on dealing with homelessness and to reduce homelessness.
The aim is that no one ever becomes homeless. If they get help, advice and prevention measures from the local authority, they will not reach that terrible position. However, we know there are problems in local authorities at the moment and that many are not delivering what they are supposed to deliver. This group of amendments would remove the right of review, which is vital for vulnerable people. I trust that the hon. Member for Hammersmith, having heard the debate and the commitment from the Minister, will withdraw his amendment.
Andy Slaughter
As I said, I have no intention of pressing the amendment to a vote. I hear what the Minister says, and I look forward to his proposals, but warm words are not good enough on this, wherever they come from.
I am the first to criticise local authorities when they fail in their duties, but I do not believe that most local authorities do so wilfully or because of a lack of concern. I do not believe that concern or compassion is any less among local councillors than among members of this Committee. The reason they are failing in their duties now is often inadequate resources. The reason they effectively ration their support for homeless people—which I am not defending, but this is a fact—is that they are rationing many of their services. It is irresponsible, in my view, for us to pass legislation that puts duties on other people without ensuring that those duties can be fulfilled. That is the point I will repeat as appropriate throughout our discussions on the Bill. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
The Chair
With this it will be convenient to discuss new clause 3—Power to prescribe information—
‘The Secretary of State may in regulations prescribe the contents of a document which summarises the rights of a person under sections 202 or 204 of the 1996 Act and which must be given to an applicant by the local authority when the authority notifies the applicant of any matter under this Part.’
This new clause would enable the Secretary of State to produce a standard form, advising applicants of their rights at each stage of review and appeal. This would remove an administrative burden on local authorities and would also ensure that information is provided in a simple and accessible manner.
Andy Slaughter
I will be brief because I think that we have dealt with the clause stand part debate. We all agree that if we are to give new duties to local authorities there has to be a power of review. New clause 3 is intended to be genuinely helpful, and I live in hope that, one day before I die, the Government will accept a clause that I table. It may be this one—who knows?
I say that because—this is not by any means unique to the Bill—housing legislation is littered with notices. An example would be, under clause 4, proposed new section 195(8), which says:
“A notice under this section must be given in writing”
and so on. Rarely, but sometimes—it seems to be idiosyncratic—notices are to be in a prescribed form, and it is helpful to have notices in a prescribed form. I think of section 21 notices, which are perhaps one of the most widely used, or section 8 notices. To have a prescribed form is helpful to both the party issuing it and the party receiving it. That, in my submission, would make a small but significant contribution to alleviating the burden on local authorities, because things would be done in a clearer, more consistent and thorough manner, which would be clearer for the person on whom the notice is being served. That is the simple point, and I look forward to the Minister’s accepting the new clause.
Mr Jones
I will speak first to clause stand part. The Government welcome the measure that my hon. Friend the Member for Harrow East proposes. We believe that it will encourage local authorities to deliver their new required services to the highest possible standard, ensuring that vulnerable people who require help because of homelessness get the support that they need. As my hon. Friend explained during the discussion on the amendments, this measure means that an applicant can request a review of the decisions made by the local housing authority when delivering its homelessness support services under the new duties in the Bill.
Elsewhere in the Bill, new prevention and relief duties for local housing authorities have been brought in to better support vulnerable people who are either homeless or at risk of becoming homeless. The clause ensures that applicants can request that a review be carried out of the decisions taken by the local housing authority when undertaking those new duties. The measure does not amend the review process; it just extends which decisions are covered. We hope that this measure will encourage local housing authorities to deliver their new services effectively and to the highest standard. If they do not, there is a clear and transparent recourse process that applicants can follow.
New clause 3 would give the Secretary of State the power to prescribe a document summarising an applicant’s right to request a review for all relevant decisions taken by a local housing authority when discharging its homelessness duties and an applicant’s right to appeal to the county court on a point of law arising from any decision on the review. The authority would be required to supply a copy to applicants each time it is notified of anything relating to those rights and duties.
Although I understand that the new clause is intended to be helpful, local housing authorities are already required by law to inform applicants of their right to request a review of decisions and the guidance recommends that the procedure should be explained fully. In cases when the applicant has difficulty understanding their rights or the implications of any decision, it is also recommended that authorities arrange face to face support to understand the full picture. A prescribed document such as a standard letter or form would work against that flexibility and could result in an applicant failing to understand or exercise their rights.
In addition to this requirement under the existing legislation, clause 2 of the Bill, which is on the
“Duty to provide advisory services”,
states that each local housing authority in England must provide, among other things:
“information and advice on…the rights of persons who are homeless or threatened with homelessness, and the duties of the authority, under this Part”.
We will make it absolutely clear in guidance that this should include information on an applicant’s right to review.
We will certainly keep the guidance under review and address any concerns about the applicants’ ability to understand and exercise their rights. I hope that, given that reassurance, the hon. Gentleman will withdraw his amendment.
Bob Blackman
I trust that the hon. Member for Hammersmith will see from the Minister’s comments that new clause 3 is unnecessary. However, it is important that we consider the right to reviews in this process, because we are extending the homeless support services for people not only in priority need but across the range of homelessness, and the aim of the review process is to ensure that a fair and transparent service is offered to an applicant. It is crucial that that covers all the decisions that affect the applicant’s journey to seek and obtain support.
Currently, applicants have the right to request a review made by the local housing authority in relation to their homelessness case in specified circumstances, so it is important that clause 9 does not change the current review process but merely extends it to the new duties in this Bill. That will allow an applicant to request a review of specified decisions in the new prevention and relief duties in the Bill.
Specifically, with the decisions that can already be reviewed, individuals have the right to request a review when a housing authority decides: what steps it will take to help to prevent an applicant threatened with homelessness from becoming homeless, or to help an applicant to secure suitable accommodation; what duties are owed to all eligible persons who are homeless or threatened with homelessness; to end the duty to help to prevent an applicant who is threatened with homelessness from becoming homeless, or the duty to help to secure suitable accommodation when an applicant—this is a very important aspect of the review process—has “deliberately and unreasonably” refused to co-operate with the authority when exercising its prevention or relief functions, or to take up any agreed step in the personalised plan to prevent or relieve their homelessness, or to take any step that the authority considers reasonable and has recorded when no agreement could be reached; what duties are owed to such applicants, and the suitability of accommodation offered by way of a “final Part 6 offer” or a final accommodation office offer.
The key issue here is that this process raises the bar on reviews and on the position of applicants who “deliberately and unreasonably” refuse to co-operate. That is very important. This is a bit of tough love, if you like. An applicant can come in and seek help from a local authority, but if they just sit back with their arms folded and say, “You’ve got to find me somewhere to live” and actually take no action on their own part, then a local authority can say, not unreasonably, “Well, you’ve got to be part of this process as well”. It is important that applicants understand that duty but also that local authorities can end the responsibility if someone unreasonably and wilfully obstructs the process.
All other aspects of the current review process remain, including the right to appeal to the county court on a point of law if the applicant is dissatisfied with the initial decision. I trust that the hon. Gentleman understands that under those circumstances new clause 3 is unnecessary, because local housing authorities already have to inform applicants of their right to request a review. I therefore hope that he will not press new clause 3.
Question put and agreed to.
Clause 9 accordingly ordered to stand part of the Bill.
Clause 4
Duty in cases of threatened homelessness
Andy Slaughter
I beg to move amendment 5, in clause 4, page 6, line 30, leave out “reasonable steps” and insert
“such steps as it considers reasonable”.
This amendment would reduce an ambiguity in the present draft. The local authority should decide what steps it should take, subject to the normal rules of public law and judicial review.
The Chair
With this it will be convenient to discuss amendment 6, in clause 5, page 8, line 11, leave out “reasonable steps” and insert
“such steps as it considers reasonable”.
See amendment 5.
Andy Slaughter
I shall be very brief. On reflection, I am not quite sure why I tabled the amendments, because they are rather interfering. I was trying to assist the Government with their drafting, which I am not sure is really my job. If I want to get a job as a parliamentary draftsman, I will go away and do so—perhaps I would be better remunerated.
The amendment is on a narrow but important point. The phrase I have suggested,
“such steps as it considers reasonable”,
is more common, clearer and more accurate. Let me be clear: the amendment is not in any way designed to weaken the Bill, but to make the duties on local authorities more specific. There would obviously still be the full power of judicial review of any decisions, but what is being reviewed is the conduct of the local authority—whether it is behaving reasonably.
The applicants may want to say all sorts of things—they may be reasonable or unreasonable, or here or there—but we need to be clear about what we are reviewing. This perhaps relates back to clause 9. If we are going to have new powers and duties and a power to review—of course, that will include not only recourse to the county court, which will be the first point of recourse, but in certain circumstances recourse to the administrative court—we need to be clear about what we are reviewing. That is the purpose of the amendment. It is slightly technical in nature, and I thought the Government might be keen on it, but my hopes are no longer as high as they were a few moments ago, so we will see.
Michael Tomlinson
Perhaps the hon. Gentleman gave the game away when he stood up and said he could not quite work out why he had tabled the amendments. It is always helpful to have those indications at the outset of a speech. When I looked at the amendments last night, I found I was scratching my head trying to work out what difference they would make. The hon. Gentleman’s explanatory statement asserts:
“The local authority should decide what steps it should take, subject to the normal rules of public law and judicial review.”
With respect, it would have to do that in any event. The amendments would not make a difference one way or the other.
I was interested to hear the hon. Gentleman say that the form of words he has come up with is more common than what is in the Bill. Like him, I have come across housing cases in a court setting. In my view, it makes no odds whether the provision says “reasonable steps” or “such steps as it considers reasonable.” In any event, the local authority would have to follow the normal rules of public law and judicial review. I have enjoyed this close examination of the difference—or lack thereof—between the wordings, but there is precious little between the two.
Helen Hayes (Dulwich and West Norwood) (Lab)
It is a pleasure to serve under your chairmanship, Mr Chope.
I shall briefly express my support for clause 4—
The Chair
Order. We are discussing the specific amendments. I shall tell the hon. Lady when we get to the stand part debate.
Helen Hayes
I apologise, Mr Chope; I thought we had moved on. I am happy to reserve my remarks until then.
Mr Jones
I thank the hon. Member for Hammersmith for highlighting an important issue. It is essential that authorities are able to make objective judgments on what constitutes a reasonable step. I reassure him that the current formulation will have the same effect as his amendment.
Under the measure as currently drafted, the authority must already consider what steps it is reasonable to take, taking account of all relevant factors. The existing reference to reasonableness brings in an objective standard, which is based on what steps a reasonable authority in the actual authority’s position would take in relation to that particular applicant, with all the characteristics, abilities and so on of that applicant. I hear what the hon. Member for Hammersmith said about his hopes and aspirations that may one day be fulfilled by the Government’s accepting one of his amendments. I do not wish to dash his hopes and aspirations but, as he feared, I urge him to withdraw the amendment for the reasons I have mentioned.
Bob Blackman
Clearly, I agree with other hon. Members about these two amendments. When I looked at his proposal, I wondered what the hon. Member for Hammersmith had in mind. I am a convinced localist. It is right and crucial that local authorities make their decisions and ensure they deliver services that they customise to their local residents.
However, one intention behind the Bill is to bring local housing authorities up to the standard of the best. The current wording of “reasonable steps” for the local authority to help people threatened with homelessness is crucial. I do not pretend to be a lawyer but I see a potential risk in the reading of the amendments. An interpretation could be that a local authority could decide what steps it considered reasonable to take, as opposed to the reasonable steps that are well understood in law that would be expected to be taken by a local authority.
The risk is that individual local authorities that may be laggards in assisting homeless people could interpret this by saying, “We consider this to be reasonable.” Different standards would operate in different areas of the country and between different local authorities. That is the risk of these amendments and I trust the hon. Gentleman will, therefore, withdraw them.
Andy Slaughter
I disagree with what the promoter of the Bill just said. On the contrary, focusing on local authorities’ behaviour is more likely to ensure consistency and the ability to challenge where a local authority has not behaved reasonably. Having said that, I do not want to prolong the debate so I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Question proposed, That the clause stand part of the Bill.
Bob Blackman
This clause is a major part of the Bill. It would insert a whole new section into the Housing Act 1996, requiring a local authority to take reasonable steps to help prevent homelessness. It is essentially a homelessness prevention duty. Reasonable steps could include the provision of debt counselling, the provision of tenancy support or help with family mediation, so that a person can stay with their family.
As we know, the causes of homelessness are vast and each individual case has to be looked at on its merits. The duty would be extended to any eligible household that is threatened with homelessness. It applies regardless of priority need, intentionality and local connection. As clause 1 would make changes to the period a household is threatened with homelessness, it does mean that households are owed this duty from 56 days before they are likely to become homeless. Clearly, that gives a two-month window in which a local authority can help someone who is threatened with homelessness. In deciding what reasonable steps it should take, a local authority must have regard to its assessment of the applicant. We have already agreed the assessment process in clause 3.
The prevention duty can be ended in a number of different ways, and those are set out in the Bill. The Minister has already given some of the detail of ways the duty can be limited, so I will add some observations. If the Bill is successful in creating a more effective and collaborative approach, I expect the most common way the duty will come to an end will be because the situation has been resolved—the household has been either rehoused or maintained in its existing, accommodation. That is the idea outcome, but the clause states that a local housing authority can be satisfied that the applicant has
“suitable accommodation available for occupation”
when there is a “reasonable prospect” of retaining that accommodation
“for at least 6 months”.
Where the local housing authority has secured that accommodation, it can choose to do so for a longer period if it agrees that that is the right solution.
Mr Betts
The hon. Gentleman makes an important point. We had a good discussion in the Communities and Local Government Committee on this as well. He is absolutely right. The clause tries to anticipate an ideal situation in the future that Ministers can act upon, while recognising the reality that, if we increased it to 12 months now, that might exclude a whole range of accommodation and make it very difficult in some areas for local authorities to find the right accommodation to offer.
Bob Blackman
I thank the Chair of the Select Committee. This is one of the aspects that we looked at in the Select Committee and in pre-legislative scrutiny. A longer period of 12 months was in the original draft, but after consideration of the problems we currently face, that was amended to six months. That is the minimum we would expect. We would all like to see that extended to a much longer tenancy so that families and individuals have more permanency about where they are living, but we are just setting the minimum.
Finally, the authority must give notice to the applicant to bring the duty to an end. That notice must
“specify which of the circumstances apply”
and inform the applicant that he or she
“has a right to request a review of the authority’s decision”.
It is absolutely appropriate that we get to the point where individuals will have a notice in writing informing them that the local authority is ending its duty, where they can ask for a review of the process because of the relevant circumstances.
Andy Slaughter
I welcome the clause. As the promoter says, it is an important departure from current practice in law, if not necessarily from practice; the best local authorities have taken prevention duties seriously over a period of time. We are looking to codify that and make it consistent across the piece.
We should not underestimate the significance of this change. I do not intend to say a great deal in welcoming and explaining the reasons for the clause, as they are self-evident and have been previously debated. My colleagues may wish to add to that. Suffice it for me to say that this ought to be a virtuous circle. In the examples given by the promoter, or in any other examples, if homelessness can be prevented by negotiation with a landlord, with advice and support, or possibly with finance—we will perhaps come back to that later—somebody can be kept in their home, and provided that that is a reasonable and decent home, that is more likely to be suitable and will retain the links of locality, family, community and so forth. That is clearly desirable and is also likely to be cheaper than having to deal with homelessness, not just because of the distress to the individual and their family, but also because of the additional cost burden that falls on the housing authority. For that reason, I think that this is one of the two most significant provisions in the Bill.
Let me raise a couple of concerns, which the Minister may wish to respond to. My first point is that prevention is nothing new and that local authorities have done that over time. Yesterday, however, I received—I am sure other Members did too—the publication produced by Shelter for its 50th anniversary, and this section caught my eye:
“Homelessness acceptances fell sharply from 2003 to the end of 2009. Analysis shows that a large part of this was due to local authorities placing greater emphasis on homeless prevention, alongside increased funding for support services.
Homelessness acceptances started to increase from 2010. Local authorities still favour an approach that starts with preventing and relieving homelessness. However, such activities have become harder.”
That is the reality of the environment in which we now live.
We should not go into this wearing rose-coloured glasses, thinking that if we pass this legislation—as I hope we will—our job will be done. The Bill will create the duty, but the Local Government Association tells us—in an estimation only, although I know that the Minister is working with the LGA on this—that some London boroughs anticipate an average increase of 266% in the number of people coming to them for assistance as a consequence of the clause. That is a huge increase in work, predominantly from non-priority cases.
An important thing about the clause is that it is as much about priority as non-priority cases, but I have a concern—which we might discuss with clause 5—that existing duties on priority homeless already place such stress on local authorities that any massive additional burden will not only prove difficult in itself to deal with, but have that knock-on effect. The sort of priority homeless cases mentioned by both Opposition and Conservative Members, in particular of families with school-age children being sent many miles away, put in unsuitable accommodation or simply not being dealt with and therefore staying in emergency accommodation for a long time, will increase as a consequence of what we are doing in the Bill. We have to go into it with our eyes open.
My further point is about the legislation in Wales being prayed in aid of such an approach. We can all admire and learn from what the Welsh Government have done, but I make the point that, first, the Welsh legislation is different, because it is part of an overall strategy; it goes further than simply imposing a duty. Secondly—this was said by someone else last week, but it bears repetition—fewer people in total present as homeless to Welsh authorities than do to the London Borough of Lambeth alone. The hon. Member for Harrow East, the promoter of the Bill, made that point, so he is well aware of it, but it gives an idea of the magnitude of the task and of the responsibility that we are putting on local authorities, particularly those that are already under high levels of stress.
That does not in any way weaken my support for the Bill or the clause, but again our eyes must be open about the difficulties and the burden of responsibility that we will place on local authorities.
Helen Hayes
Thank you, Mr Chope, for your patience with my lack of attention to the procedure this morning.
I will speak briefly in support of the clause, which is one of the most significant measures in the Bill. It is at the heart of what we are seeking to do through the Bill. It is significant because it will shift the emphasis of local authority practice to prevention, not to the exclusion of their duties to assist people who have actually become homeless, but to make the work to support those facing homelessness more effective.
The measure addresses much of the evidence we heard in the Select Committee. It also speaks to some of the most harrowing cases that I have seen and continue to see in my constituency, which are those involving people facing certain homelessness. They are on a route that in law and legal practice can only lead to them becoming homeless, and yet they are told to wait until the bailiffs turn up and they are actually homeless before seeking help and support from the local authority.
Only last night, I was reviewing a case in my constituency and thought how useful this new prevention duty would be. The case concerns a family who are unlikely to be helped until they face the trauma of homelessness under the current legislation. In the Select Committee we looked at the evidence, and it found that the current statutory framework to support people facing homelessness is not fit for purpose. This new duty is one way in which we can make it fit for purpose.
A shift to prevention is about culture change within local authorities, but in certain circumstances it also has the potential to save local authorities money. Additional duties may increase the costs that local authorities face. However, in some cases the local authority ends up picking up the scandalous costs of nightly rate temporary accommodation if it waits until someone has become homeless before accepting a duty. Where those circumstances can be prevented and someone can be enabled to remain in their own home—perhaps by the local authority paying that rent for a short period, where the rent is lower than the scandalous costs of nightly rate temporary accommodation—there is potential for a focus on prevention to result in more efficient use of resources.
We cannot escape the fact that the current tools at local authorities’ disposal to undertake prevention are extremely limited. That is because we face a lack of supply of affordable housing in this country and because of the unregulated state of the private rented sector. We cannot escape the fact that the single biggest cause of new homelessness cases is the ending of a tenancy in the private rented sector. Until we address that, local authorities’ power to intervene to prevent homelessness for people living in the private rented sector is sorely limited. While the new duty is very important and significant in changing culture and practice within local authorities, I hope the Minister will reflect on the current limitations on the tools at local authorities’ disposal genuinely to prevent homelessness with the maximum possible effect.
We need to see a substantial reform of the private rented sector, longer forms of tenure introduced as standard and limits introduced on rent increases within the terms of a current tenancy. We also need reform of the section 21 process. There is provision in law for landlords who need their property returned to them for genuine reasons to do so without the section 21 provisions. I see in my constituency time and again the irresponsible and unethical use of section 21 notices, which causes instability for families and evicts people who have done no wrong—they have not failed to pay their rent or done anything to breach the terms of their tenancy, but they are simply made homeless so that the landlord can charge more rent to the next tenant. That practice is irresponsible and widespread, and the Government need to intervene outwith the bounds of this legislation to stop it.
I am fully supportive of the change in culture, practice and emphasis towards prevention. If we prevent some of the harshest consequences of homelessness, it will prevent many families from facing homelessness in the first place. That is the right thing to do. The Government need to take seriously the question of resourcing for local authorities in terms of front-line staff and additional burdens. They also need to look very carefully at the wider situation, because we have a private rented sector that is not fit for purpose for the many people who live in it.
Mrs Drummond
Like the hon. Member for Dulwich and West Norwood, I think this clause is the crux of the Bill. Preventing homelessness in the first place will save local authorities money in the long run. I particularly welcome the measure that provides an assessment and personalised plan. Extending the duty to 56 days gives both parties more time to sort out issues that quite often are relatively simple, such as housing benefit or debt advice. I know that many hon. Members have had constituents in their surgeries, such as the one just mentioned by the hon. Lady, who are terrified that they will be made homeless. I hope that the clause will help.
I recently dealt with two families at risk of homelessness, including an armed forces family. The mental health impact was visible. I think that 28 days was too short a period, and that the clause will prevent more people from becoming homeless.
Ms Buck
I shall be brief, as I endorse everything said by my hon. Friend the Member for Dulwich and West Norwood. The cultural change that the Bill proposes is welcome. Many MPs have experienced dealing with constituents who faced homelessness and were left, in the most extreme cases—though it is not unusual—with their possessions piled up on the pavement outside their home, while the bailiffs were there and they waited for the local authority to assume its duty for them.
It is right that everything possible should be done to prevent that. The earlier we intervene, the better. As has been said, however, there are major structural pressures that militate against the effective delivery of what we hope the Bill will achieve. That does not detract from the aims and objectives, but it means that the Government must pay the matter serious attention.
We already know, from the prevention work done in priority homelessness cases under the prevention and relief of homelessness measures, what some of those structural problems are. The end of a shorthold tenancy is the principal driver of homelessness and, as my hon. Friend has just said, in many cases that is consequent on a section 21 notice being issued because a landlord knows that more money can be earned from a rental property, particularly in high-value areas such as London.
Research done with the Residential Landlords Association shows that only 7% of landlords in inner London are now prepared to let to people on housing benefit. The figure is about one in four across London as a whole, and it has been falling rapidly. A quarter of the cases that the prevention and relief of homelessness measures deal with are related to housing benefit problems—sometimes administrative, but often simply a shortfall. The Government are making such shortfalls worse by the extension of the benefit cap and will certainly make them worse with the additional local housing allowance measures that are being brought in.
The very people at whom the Bill is aimed—the non-priority cases and single homeless people, many of whose situations are terrible but who cannot cross the threshold into priority need—are precisely the ones most at risk from the additional squeeze on local housing allowance. In such circumstances the Government always say that the answer lies in discretionary housing payment measures, inadequate as they are, but the crux is that those payments are temporary.
I have raised that argument many times in this place: when we talk about measures to prevent homelessness and ensure that people are given some form of housing security, it is not good enough to rely on a local authority’s discretionary—the clue is in the name—housing payments, which are by definition time limited. They can mean the difference between homelessness today and in six, eight or 10 weeks’ time. They are not a means of protecting even priority households—households with children, elderly people or people with disabilities—from homelessness. They are certainly not going to be enough to protect non-priority and single people, whom we want and need to assist.
Does the Minister think that the discretionary housing payment scheme also needs to be reviewed? Should the temporary nature of such assistance be reviewed, if we are to make the measure work?
Michelle Donelan
I echo colleagues’ comments that clause 4 is the heart and core of the Bill—it is fundamentally about preventing homelessness, which is why we are here. The clause would end the current postcode lottery—it is also a time lottery, because someone can get help one day when they might not the next. It can depend on the area, which person they see, and a number of factors such as how busy the council is.
I am sure we all agree that the introduction of a standard system across the UK is fair, right and proper. It will mean that no one who is vulnerable can be turned away. The fact that we are increasing the window from 28 days to 56 days will prevent homelessness. We see constituents week after week in similar situations when they have left it too late after being given advice. The measure is about helping them and untying our councils’ hands.
There has been a lot of talk about burdening councils, but some parts of the Bill, including extending the time window to 56 days, actually untie councils’ hands. The relief duty means that those who need help will get it, and not just those who are deemed priority need on a particular day. That will help charities by allowing them to have more time to get on with helping homeless people rather than fighting councils over viewing people as priority need.
The clause will make things cheaper in the long run for councils and at a national level. Statistics show—this is echoed by my local charities including Doorway in Chippenham—that most people in the initial stages of being threatened with homelessness do not have the same complex needs such as mental health issues, drug abuse and alcoholism as people in later stages. The current system exacerbates problems and causes people a great deal of pain, as well as cost. It is our duty to try to alleviate and avoid that pain.
The success of prevention will be seeing people in the round, and implementing the duty in conjunction with the assessment and the personal plan. Preventing homelessness is possible only if we look at people as people and not as statistics. We must look at the other problems they endure and allow for more partnership working with other bodies. I fully support the clause, which is the essence of the entire Bill.
David Mackintosh
Under clause 3, we talked about the difficulties people face when they are made homeless, including the difficulty of relocating them in areas that contain their support network, not least their schools and families. It would be great if we could avoid that altogether by preventing homelessness in the first place. That is the intention behind clause 4, which is why I agree with colleagues that it is at the heart of the Bill. The measure will help local authorities, as my hon. Friend the Member for Chippenham said, and help councils to exercise their duty. For whatever reason, there are often difficulties in processing applications or helping people within 28 days. By extending the time period to 56 days, it is much more likely that people will be helped and avoid homelessness altogether.
I am sure we all have examples from our constituencies of people who have come to us to talk about the problems they face with their landlord, or with getting help and support from local authorities. Indeed, as part of the Select Committee evidence, we heard examples of people being deliberately led down the section 21 route to be made homeless because it allowed more time for the process. As a result, people are suffering trauma and other consequences. That is no way for people to be treated when they are at a vulnerable stage in their lives, and when they need help and support. The provisions within the clause will change that fundamentally, bring about the cultural change we have mentioned, help housing officers to do their job and prevent people from becoming homeless.
Mr Burrowes
I am pleased to take part in this stand part debate on clause 4 because, as hon. Members and hon. Friends have said, it is the essence of the Bill. If it is implemented properly, it will indeed help to prevent any eligible person who is at risk of homelessness from becoming homeless. Local authorities will no longer be able to turn away people who do not meet the priority need criteria or are unintentionally homeless. That broad approach is welcome.
Although there are concerns—we have received briefings about the cost implications of the Bill—the clause provides greater flexibility and a greater practical impact. It means we are not left in the situations that hon. Members have mentioned, with people coming to the constituency surgery who do not meet the statutory criteria and have been turned away. It is therefore not simply about providing accommodation in every place, in every town and locality. The measure provides greater flexibility. I have often had constituents who stay with an extended family member as a family crisis or situation arises. Because they are in that family accommodation and are not unintentionally homeless, they do not come within the criteria of being in priority need. In that situation, they are unable to receive what could be low-level support, such as family mediation, which may well lead to them staying in that family home or, indeed, finding other suitable accommodation.
I mentioned an example in a previous sitting of a victim of domestic violence who had been rebuffed by a housing officer. To take the point from the hon. Member for Hammersmith, there is no monopoly on compassion, whether by Members of Parliament, council officers or councillors. There is a reality of rationing resources, and dealing with limited housing stock and limited provision. However, the reality for that constituent was that they were told, “Do you think you’re the only one who needs help?” Clause 4 will bring an end to that kind of response.
That individual plainly needed help. She was facing a situation in which her shed and her car had just been vandalised by her abuser, and a litany of threats to her life had been recorded by the police. Women’s Aid were making the case that she needed to be considered for rehousing. She was in work but needed some help to get the rent deposit to be able to get away from the risk to her and her daughter’s life.
While we can say that she should not have been dealt with like that under existing legislation and guidance, the measure will make it crystal clear that it is not a case of a housing officer seeing whether an individual comes within the priority need requirements of being unintentionally homeless. She and others will be eligible—the broad understanding of and criteria for eligibility will be extended to those who are intentionally homeless. Many people in our constituencies will fall in that category for one reason or another. They are intentionally homeless, but that does not negate their need for proper support so that they avoid going into the crisis management that inevitably ensues, whether they are intentionally or unintentionally homeless.
I believe the Bill will release not only charities, as my hon. Friend the Member for Chippenham mentioned, but housing officers to do the job that they are there for and that they want to do. They want to help. They do not want simply to turn people away because they do not think they meet a particular threshold within a statute. It will open them up to saying, “Yes, I do want to help you. I am not going to simply judge whether you think you should receive more help than someone else.” There will be help.
I particularly welcome the help to secure provision in clause 6. That is important, because it means we have that important flexibility. It may be that the individual who comes to the housing officer will not need to be given new accommodation, but they may need a variety support. It may be that they can find their own accommodation in their own way themselves, but the housing office may have particular responsibilities, for example to give help to raise a rent deposit and guarantees of support. It may be that the duty can be discharged in that regard, and it will be up to the individual to move on.
The reference in the clause to suitability is important—we will come to that under clause 12. I recognise that location is not referred to and that there is no location element within the provision. There is no need for it because it applies to all accommodation that the local authority has secured, but it is important to recognise that the duty is to help to secure. That could mean a whole variety of factors and enables the housing officer not to turn around and simply rely on their duties.
That will help in a variety of ways. Presently, there is such a limited stock in my area of Enfield. The ability to find accommodation in Enfield may be limited, but that does not mean that the local authority can simply fall back on the lack of specific available property, or indeed the limited statutory responsibilities. The clause opens the door to a much greater variety of flexible support. In partnership with charities and others, the duty can be discharged to the benefit of all who are eligible and who are threatened with homelessness.
Mr Betts
In response to the request from the hon. Member for Mid Dorset and North Poole about the Daisy-May Hudson film at our last sitting, I understand that Select Committee staff have been in touch with the Clerk to this Committee. The Clerk is looking a little vacant, but perhaps the email is on its way to say that Daisy-May has been contacted and is happy to make the film available to the Committee. It is a licence arrangement and will be available until 21 December for Members to look at.
The prevention duty is extremely important, but I will not repeat the comments by colleagues on both sides of the Committee about the heart of the Bill being to stop people becoming homeless in the first place. No doubt the Minister will say that that is not his responsibility, but he has a responsibility to draw his colleagues’ attention to matters that make it more difficult for local authorities to prevent people from becoming homeless. The Select Committee looked at a range of issues, some of them revolving around the welfare system. Reference has been made to the problems tenants face in the private rented sector with section 21 notices being issued because landlords can get more money from another tenant moving in. That will only get worse, as the Select Committee drew attention to in its report, if local housing allowance is frozen and rents continue to rise for the next four years.
The Government will not indicate that discretionary housing payments, if they are intended to deal with the problem, will increase at the same rate as rents to help local authorities to continue to bridge the gap. If they do not increase discretionary payments, the problem of section 21 notices being used to get rid of tenants who cannot afford to pay rising rents because their benefit is not sufficient will get worse, and the Minister must take account of it.
The Committee drew attention to other issues—perhaps the Minister will at least reflect and draw his colleagues’ attention to them—including direct payments and universal credit. One way to prevent a family from becoming homeless might be to arrange for payments to be made direct to the landlord, with the tenant’s agreement. We need assurances that the universal credit rules will be flexible enough to allow that to happen. For a long time, the welfare Minister’s view was that everyone would get the money and must sort it out, but if a family is not sorting it out and would welcome some assistance with direct payment to their landlord, the system should be flexible enough to enable that to prevent them from becoming homeless.
Another problem is that young people aged 18 to 21 will not be entitled to the housing element of universal credit. A young person might be in work and doing everything right. They might have their own property because they can afford it out of their earnings but then become unemployed. They might have a realistic prospect of getting another job and try hard to get one. We asked in our report whether there could at least be a period of weeks when that young 18 to 21-year-old who is not eligible for housing element of universal credit is allowed the housing element while they get back into work and are once again able to pay the rent, instead of becoming homeless and having to move out of the property.
The Select Committee drew attention to sensible solutions to those three problems. If the Government do not consider them, people may become homeless and the local authority would be unable to prevent it. A key aim of the Bill is stopping people becoming homeless and ensuring that local authorities have the range of measures they need for prevention.
Michael Tomlinson
I thank the Chairman of the Select Committee for making the Daisy-May film available to those of us who do not have the benefit of being a member of his Committee. If he can get round the licensing arrangements in time for the next sitting, I am sure those of us who do not sit on his Committee will be grateful.
As I am on my feet, I will say that I fully support this clause as drafted. I agree with other colleagues of all parties that this is at the very heart of the Bill and that the extension to 56 days, for example, will be greatly welcomed.
Mr Jones
Since 2010, local authorities have successfully prevented homelessness in over 1 million cases using funding that the Government provide to local housing authorities. However, not every household that needs help and support to avoid a homelessness crisis has always received it. The clause will ensure that that help is extended to all eligible households, and that is why the Government support this Bill and welcome this new duty. It will require authorities to take reasonable steps to help households retain their accommodation or secure alternative accommodation, and so prevent their homelessness. Any eligible household that is threatened with homelessness will be entitled to this help and assistance regardless of priority need, local connection and intentionality.
Mr Jones
I think that local authorities need to look at that in the context of the fact that preventing somebody from becoming homeless is far cheaper than when somebody actually becomes homeless and they have to pick up the pieces from that. As the hon. Lady said from a sedentary position, not all authorities do this, but the best ones do. I reassure her that—picking up on a point made by the hon. Member for Hammersmith who said that this Bill is not accompanied by a strategy—we do very much have a strategy around homelessness prevention and there are many other measures that the Government are embarking on to prevent homelessness. Within that, the advice, guidance and support we give to local authorities to help them to prevent people from becoming homeless will help in the way that she identifies.
The type of help that people receive will be based on the information identified during the assessment process, which I spoke about when we discussed clause 3. The steps to be taken under the personalised plan are also developed during the assessment process. For example—picking up on the point made by the hon. Member for Westminster North—if the main issue is that a household cannot secure a rent deposit and that is the only barrier to their finding a home, the local authority can provide that deposit and the household can look for their own accommodation.
Introducing a wider-ranging prevention duty that extends to those who are not in priority need will help far more people. It will help them significantly at an earlier stage as well. This will bring a number of advantages. First, households will receive better, more consistent support. Secondly, they will get that help earlier, which is more effective but also costs less. The combination of those two factors means that fewer households will have to experience the stress and upheaval of a homelessness crisis. That will help reduce the number of homelessness acceptances, reducing the costs for local authorities.
The duty itself lasts for 56 days and comes to an end in a number of different ways. It might be helpful if I say a little more about some of the most important. The way we envisage its being ended most frequently is, of course, through helping to secure accommodation or by helping people to remain in their existing homes. Therefore, if an authority is satisfied that the applicant has suitable accommodation and there is a reasonable prospect of their retaining it for at least six months, the duty successfully comes to an end. That is what has happened in Wales and we expect to see a similar effect, if less pronounced, in England. The duty can also come to an end if the steps taken by the local authority and the applicant themselves have not prevented homelessness. In this case, the relief duty applies, meaning that people get continued help and support. I will talk about the support available when we reach clause 5.
Clause 4, alongside clauses 7 and 3, also places an element of responsibility on households themselves. They will be expected to take certain identified steps to help prevent their own homelessness. However, requiring co-operation in this way means that if an applicant deliberately and unreasonably refuses to co-operate, the duty can come to an end. How this works will be explained when we discuss clause 7, when we will also consider the safeguards built into the process.
The hon. Member for Hammersmith mentioned a potentially increased case load and a 266% increase as a result of the duty. We recognise that increases in different parts of the country will differ. However, to say that the increase will be 10 times higher than that in Wales is unrealistic. Broadly speaking, any rise will come from those not in priority need. We would have to ask why so little support had been offered and why there had been such a rise when authorities already have obligations that they should follow.
The hon. Member for Dulwich and West Norwood mentioned supply, which is an important part of the issue. The Government have committed £8 billion to provide 400,000 affordable housing starts by 2020-21. The Committee will have heard the comments made by my hon. Friend the Minister for Housing and for London. The Government’s White Paper will be published shortly and will elaborate on the Government’s plans in this area.
The hon. Lady also mentioned additional regulation on landlords. It was a pleasure to serve with her on the Committee that considered the Housing and Planning Bill, which has now been enacted. We introduced significant measures to tackle rogue landlords. I do not think anybody on this Committee would argue with the Government’s intent to drive rogue landlords out of business. As for further regulation of landlords, we always need to get the balance right. If regulation goes too far, we might reduce the supply of homes in the private rented sector, as was the case before the Housing Act 1988, which introduced the shorthold tenancy because the supply of private rented property had very much been diminished. The hon. Lady also mentioned prevention and keeping households in their existing homes. At present, half of all the prevention work that takes place results in people staying in their existing homes.
The hon. Members for Westminster North and for Sheffield South East mentioned affordability, discretionary housing payments and the local housing allowance. They will know that the amount set aside for discretionary housing payments has doubled in this Parliament to £870 million. I understand the hon. Lady’s point about discretionary housing payments being a temporary measure, but they allow households and authorities the time and space to look again at the circumstances and take action. In some cases, it gives the time to help people move into work or improve their situation in other ways.
Mr Burrowes
Proposed new section 195(7)(a)(ii) covers the time limit requirement. I appreciate that it is now “at least 6 months”, rather than 12 months, but can the Minister confirm that “at least 6 months” covers situations such as those in hostels? This issue was brought to the attention of the Communities and Local Government Committee by the council of my hon. Friend the Member for Harrow East, Harrow Council. It said:
“We know that many hostel places give 6 month agreements, which generally are extended over again for up to 2 years”.
Are those agreements included in the duty?
Mr Jones
We are talking about a minimum of six months. The provision does not prevent a longer period from being agreed. I hope that that reassures my hon. Friend.
The final matter that the hon. Member for Sheffield South East mentioned was housing benefit and 18 to 21-year-olds. I reiterate that the reform will affect only new claimants on universal credit from April 2017. It will not affect people in work. The measure is intended to ensure that young people do not slip into a life on benefits. Youth unemployment has a long-term scarring effect on people, so it is important to improve the incentive for young people to move into work. We are introducing a new youth obligation, which will offer a new and intensive package of labour market support for 18 to 21-year-olds to get back into work.
The measure is also about bringing parity to a system in which an unemployed young person can leave the family home whereas an employed young person may not be able to. Exemptions will be put in place to ensure that those unable to return to the family home have the right access to support, and there will be a grace period for those who have been in work for the previous six months.
Mr Betts
Will the Minister elaborate on his point about the grace period, which is important? Is he therefore saying that if a young person who has been in work for six months then loses their job, they will, for at least a time, get a housing element of universal credit to enable them to stay in their home while they get further work?
Bob Blackman
I will pick up just a few points that colleagues have raised during this debate on what I think essentially is the heart of the Bill.
The hon. Member for Hammersmith rightly alluded to the potential increase in applications to local authorities. I remind colleagues that, according to the House of Commons Library’s helpful briefing on the Bill, statutory homelessness applications—not acceptances—peaked in 2003-04 at nearly 300,000 cases and by 2010 had dropped to about 100,000. The point there is that individuals in a position whereby they know they will not get any help from a local authority will not go to it, but under the Bill everyone who is owed a duty will try to gain the assistance of a local authority. It is therefore natural that the case load will increase and, under the new burdens doctrine, I look to my hon. Friend the Minister to ensure that resources follow as appropriate.
The hon. Member for Dulwich and West Norwood and several other colleagues mentioned supply issues. I agree that we must increase supply, but that is beyond the scope of the Bill. She also alluded to reform of section 21 notices. Someone reminded me last night that this is already, I believe, the private Member’s Bill with the most clauses ever, so if we were to continue the process we would end up with a veritable dictionary. I agree that we must reform those notices, but that is also beyond the scope of the Bill.
The hon. Member for Westminster North rightly mentioned the shortage of housing and issues about the benefit cap and local housing allowance. Clearly that is for the Government to consider. It is appropriate for those issues to be raised in Committee but they are beyond the scope of the Bill.
Andy Slaughter
I note in passing that the title of the Bill includes the words,
“to make provision about measures for reducing homelessness”.
The hon. Gentlemen is courteous enough to say that it is reasonable to raise such matters. I would have thought that, given the matters covered by the Bill, the issues that my hon. Friend the Member for Dulwich and West Norwood and I have raised on supply, financial measures that are effectively increasing homelessness—whether LHA or other measures—and the nature of the private sector market are on point.
Bob Blackman
Clearly the Bill is part of an overall strategy. We must understand that, as we have said, the causes of homelessness are many and varied and the solutions are many and varied. Without doubt, supply is one of the key elements. The White Paper will be published soon—soon in Government terms seems to stretch quite a lot—and I look forward to its coming forward as quickly as possible so that we can debate increasing supply, which is important.
Several issues were raised in terms of the postcode lottery, with clear examples of potential rationing of services from my hon. Friend the Member for Enfield, Southgate in particular. We should remember that the Bill’s aim is a cultural change and dramatic shift in helping and advising people who are in desperate need of housing rather than having housing officers trying to trap them to stop having to provide them with help and assistance.
I note what my friend the Chair of the Communities and Local Government Committee said about its review and some of the issues raised. Pertinent points on the welfare system were made, and I know that my hon. Friend the Minister will ensure that they are raised with the appropriate Ministers so that they are looked at in the round as part of the overall strategy.
Bob Blackman
I am mindful of the time, so I will not give way. I request that the Committee agree that the clause stand part of the Bill.
The Chair
Before putting the Question, may I say that, on issues of scope, I will be the ultimate judge? I have allowed a wide-ranging debate because the clause is about causes of threatened homelessness and I thought it reasonable to discuss those issues.
Question put and agreed to.
Clause 4 accordingly ordered to stand part of the Bill.
Homelessness Reduction Bill (Fourth sitting)
Wednesday 14th December 2016
(7 years, 4 months ago)
Public Bill CommitteesRead Full debate Homelessness Reduction Act 2017 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 14 December 2016 - (14 Dec 2016)
The Chair
For the benefit of those Members who have been travelling overseas, who may not have noticed that the selection and grouping list has changed since the provisional version was circulated on Monday, revision two is available in the Committee Room this morning.
Bob Blackman (Harrow East) (Con)
I beg to move,
That in the Committee’s order of 23 November setting out the order in which the Bill be considered, leave out “Clauses 4 to 7, Clauses 10 to 13,” and insert “Clauses 4 to 6, Clauses 10 to 13, Clause 7”.
The purpose is to reorder consideration of the Bill, because we have discovered a technical problem with clause 7 that requires an amendment and we are awaiting clearance for that amendment before we can consider it in debate.
Andy Slaughter (Hammersmith) (Lab)
It is a pleasure to see you in the Chair this morning, Mr Chope. We do not oppose the variation, because it is important to get the drafting of the Bill accurate. I do however want to raise a concern. I am sure we are all capable of coping with taking clauses in any order, but, as we are now waiting on Government amendments in relation to clause 7 and, more importantly, clause 1, it would be useful to get an indication as to when those will be circulated. That is my first point.
Secondly, inevitably consideration will be stretched into the new year. I think there was probably an informal wish on both sides of the Committee that matters could be concluded before the recess but that clearly will not be possible. We have made our contribution to try to speed up the process in deeds rather than words by not moving several amendments and new clauses and either making those points more briefly in clause stand part debates that happen anyway, or by reserving the right to bring them back on Report.
I say that in the consensual spirit in which the Committee has largely proceeded thus far, but it would be helpful to get an idea of when the Bill’s promoter and the Government will be able to table the further amendments, whether we have some idea of when we might conclude, and whether it is in the mind of the promoter to schedule additional sittings—this is also a matter for you, Mr Chope—either before the recess next Tuesday, which is tight, or, if we are to sit on the morning of 11 January, later on that day or on another day that week. This event, as unfortunate as it may be, may focus our minds on those matters.
The Parliamentary Under-Secretary of State for Communities and Local Government (Mr Marcus Jones)
To reassure the hon. Member for Hammersmith, the amendment to clause 7 is due to an unforeseen situation in relation to its drafting. He is correct that we need to get the Bill right and therefore we have had to take some additional time to change the drafting. He is also correct that a final version of clause 1 is still outstanding. I expect that those proposed changes to the Bill should be drafted shortly and laid in order to enable us to debate them on 11 January. If that were to be the case, I expect them to be laid by the Christmas recess.
Bob Blackman
I thank the hon. Member for Hammersmith for raising those issues. Clearly the amendments to clauses 1 and 7 are not available to us. I thank the Minister for clarifying when he expects to table them. We have proceeded thus far on a cross-party, consensual basis, and it is clearly our intention to continue to do so. There is no intention to rush things so that amendments do not receive proper consideration, particularly where they are detailed, as with clause 7. There is a more substantive amendment to clause 1 and we want everyone to be able to see and review it before we debate it.
My intention as the Bill’s promoter is that, depending on our progress this morning, we shall reconvene on the morning of 11 January. I am grateful to the hon. Member for Hammersmith for not moving his amendments and new clauses, which should enable us to make speedier progress. If we are not able to conclude on the morning of 11 January, my intention would be to table a motion to bring us back on 18 January, including the afternoon if necessary, so that we would conclude on that date at the very latest. The Bill could then return to the Chamber on Report and hopefully Third Reading before being dispatched to the other place.
I appeal to Opposition Members: if there are amendments it is better for us to debate them here than for them to be debated on the Floor of the House. We can consider things in detail, from the perspective of detailed knowledge; otherwise there is the potential for delay and a risk that the Bill will be derailed in the Chamber. I trust that we can agree on the revised order of consideration.
Question put and agreed to.
Clause 5
Duties owed to those who are homeless
Question proposed, That the clause stand part of the Bill.
Bob Blackman
Clause 5 inserts a new section into the Housing Act 1996 requiring a local authority to take reasonable steps to help resolve homelessness. That means that the local housing authority has to take reasonable steps to help an applicant to secure accommodation.
It is not easy to prescribe in legislation every single eventuality that might mean someone becomes homeless, or the details of the help that they might need. A reasonable step could be the provision of a rent deposit. It could be help with family mediation, if a family had broken up—a local authority adviser could help to mediate so that someone did not become homeless and could live with another relative. It could be discussion with a private sector landlord about extending a tenancy. The clause does not specify exact details but prescribes that the local authority should carry out reasonable steps.
The clause also extends the duty to provide help and support in the form of reasonable steps to any eligible household that is homeless. It extends the duty for 56 days. Clearly, if a household has a local connection to another district, in that time a referral can be made to it—we are not prescribing anything.
It is important to note that households in priority need will be placed in interim accommodation while the reasonable steps are carried out. Those not in priority need will not be provided with accommodation, but the clause requires authorities to take reasonable steps to help them to secure accommodation. That is an important part of the process. Clearly there will have to be triage of applicants when they arrive, to ensure that the local authority understands its duty and how it will deal with the individuals or family affected.
As with all provisions of the Bill, the steps that the local housing authority will take will be based on the assessment and the plan that is agreed with the applicant, or they will be any steps that the authority considers reasonable where no agreement can be reached. The duty can be brought to an end in a number of ways, which are set out in the clause and are similar to those in clause 4, relating to the prevention duty. In that case, I would point out that the duty can come to an end if the authority has taken reasonable steps to help to secure accommodation and the 56-day period of duty has ended. If the relief duty efforts have not been successful, households in priority need will move on to the next stage and may be owed the main homelessness duty. The new enhanced information and advice duty we discussed under clause 2 persists and may be of assistance to those who are not in priority need.
The duty can also end if the applicant has become homeless intentionally from any accommodation that the authority has made available. For example, if they refuse to pay rent that would be a reason. That also addresses the point of an applicant, as well as the local authority, acting in a reasonable fashion.
Michael Tomlinson (Mid Dorset and North Poole) (Con)
My hon. Friend mentioned intentional homelessness and the interplay in the clause. Will he spell out the position under this clause or elsewhere when a tenant refuses to pay in the example he just outlined? What responsibilities and duties if any will there still be on a local authority, should those circumstances come to pass?
Bob Blackman
The clear position is that, if relief efforts and reasonable steps in the plan have not been followed, the local authority can bring the duty to an end. That would still leave the applicant the opportunity of a review. For example, they might have agreed an action plan to accommodate them but not honoured their steps, or the local authority might not have honoured its steps. There can be a review at that point.
We need to be clear that there are duties on the applicant and the local authority. When people do not co-operate and behave unreasonably, it is not fair if others in desperate need and who are acting reasonably suffer—there will obviously be diminished efforts for them. Not paying the rent is a prime reason for someone to become intentionally homeless. That is a reasonable position to take.
Of course, an applicant might be entitled to benefits. Under those circumstances, if a local authority has not met the benefit requirements, it would be unreasonable to end the duty. That clearly has to be looked at on an individual basis.
Finally, it is up to the applicant if they wish to withdraw the application at any stage. I hope the duty would come to an end when a satisfactory position is achieved and the applicant has accommodation and is no longer homeless. With that, I urge that the clause stand part of the Bill.
Andy Slaughter
Alongside clause 4, clause 5 is a major part of the Bill and a major departure from current practice. We should all be aware when discussing the clause that it proposes a significant change to how homelessness legislation works.
We welcome both the 56-day period of assistance by local authorities to those who are not in priority need, and the requirement for six months with a possible extension to 12 months. I note that Shelter wishes to see a 12-month period, and we will see the Government’s response to that. We clearly do not want a yo-yo situation with people going into short-term accommodation and coming back. That will not be helpful either to that person or to the local authority, and 12 months might be a more appropriate period.
As I said, we welcome the measure although we do not underestimate the sea change. Let me highlight our concerns. First, will there be a knock-on effect from non-priority homeless to priority homeless? Local authorities, particularly those under heavy stress such as London boroughs and other metropolitan authorities, are finding it almost impossible to cope with the demands put on them by priority homeless cases. In theory, perhaps there should be no overlap. There has been a significant change since the first draft of the Bill, which I will come to in a moment, which means that the duty owed to non-priority homeless is very different from that owed to those in a priority situation.
Ms Karen Buck (Westminster North) (Lab)
I wonder whether my hon. Friend saw the report from the chief executive of Birmingham City Council on the news this week. He made specific reference to cuts to homelessness prevention expenditure, which he directly linked to the quadrupling of rough sleeping in the city of Birmingham. Does that in any way shape my hon. Friend’s view of the resource requirements?
Andy Slaughter
My hon. Friend makes a very good point. We will debate homelessness in the main Chamber later today. I raised the example of social care not only because it is another example, and perhaps the clearest example, of the pressures on local authority finance, but because these matters are linked, and the Government need to look at them in a linked-up way. I note that the Government pray in aid the Bill in their amendment to the Opposition motion. That is all very well, but it works only if there is a joined-up and funded response to the pressures local government is under in terms of social care, supported housing, rough sleeping and homelessness legislation.
Michael Tomlinson
Like the hon. Gentleman, I encouraged the Minister to spell out where the money is coming from during our first sitting. The hon. Gentleman also recognised in his opening speech to the Committee that this is not only about the human cost, and that there is potentially a cost saving through the measures. If the Bill works—we sincerely hope it does, which is why we are here—there will be a long-term cost saving. The hon. Gentleman has recognised that potential, but does he still?
Andy Slaughter
I recognise that more in relation to the duty on prevention, but I do not want to go back to the debate we had last week. We are now talking about measures local authorities will have to take to secure accommodation. It is ironic hearing that from Government Members: every time the Opposition have mentioned the idea of investing to save—we argued for investing in housing advice services to prevent homelessness, and argued against cuts to legal aid—we have received a dusty answer. I will be glad if the hon. Gentleman is a convert. There will be costs up front even if there are savings down the line—people will be less reliant on services when they are properly housed, or indeed when homelessness is prevented. The key is that there will be substantive up-front costs.
What stands behind the Bill even more than the funding of local authorities in their discharge of the process is the fact that most local housing authorities, and particularly those in high-stress areas, are not in a benign climate. We are not in a climate in which chief executives and council leaders can sit down and say, “The law’s changed. We’d better now implement this. When people come into our homeless persons unit, we need to take it much more seriously and treat them not only with compassion but with efficiency. We need to secure them accommodation to the best of our ability.” Unfortunately, as a direct consequence of Government policy over the past six years, we are in the most hostile climate to those ambitions being achieved. That is true in relation to finance, the now reduced benefit cap, the bedroom tax and the freeze on local housing allowance.
It is also true of the private rented sector. The Government and the Housing and Planning Minister restated that only last week or the week before. The sector appears to be implacably opposed to longer tenancies, which we wish to see, and as part of that contractual change, to controls on rent increases. As we know, the serving of section 21 notices is currently the single greatest cause of homelessness. About 30% of people turning up at local authorities homeless are there because a section 21 notice has been served. At least part of that could be resolved by reform of that process.
On the other side, we are at a 24-year low in terms of the building of social housing. We know that the Government still, for the time being—I hope they see sense on this as they have in relation to other measures in the Housing and Planning Act 2016—intend to pursue not only the sale of housing association properties but the funding of that by the sale of high-value local authority properties. My hon. Friend the Member for Westminster North will correct me if I am wrong, but I think in her authority that means that the vast majority of council homes would have to be sold over a period because they are of high value. That is true of about 50% of the homes in my borough.
How can we realistically say we want local authorities to take on a major extension of their duties in relation to the provision of housing? One way they could do it, which I believe has been done in Welsh authorities—we see that as a template for the Bill in many ways—is by the use of authorities’ own accommodation. Stresses on social housing in Wales are much less than they are in London and other places. If the Government are not building social homes and actively encouraging or enforcing their sale, how on earth will the objective of the clause be discharged?
Michael Tomlinson
We started off in Committee with cross-party consensus that we want change—consensus has been the basis of many of the Bill Committees I have sat on, but particularly this one. However, for the last two or three minutes, the hon. Gentleman has made party political points about the past six years. I hear those points, and we will come back to section 21 arguments when we look at new clause 1. Does he not recognise the good intentions of not only the Bill’s promoter but the Government in backing clause 5?
Andy Slaughter
The hon. Gentleman and I have not had the pleasure of serving on the same Committee before, so he will not recognise that I am pulling my punches considerably and have engaged consensus mode for the duration. The Bill’s promoter recognises that because we have been in this position many times before. Yes, my points are party political to the extent that his Government have got so much wrong in the provision of housing supply, particularly for people who need social housing and genuinely affordable housing. That must be addressed, but I have tried to put that in non-party political terms as a fact.
I have gone through, in a short period, a long list of issues that I believe are compounding the housing crisis at the bottom end. I am not sure whether the Minister is in a position to get up and gainsay that—he might have some other points to make in a sparring way. The hon. Member for Mid Dorset and North Poole is correct that there is not a great deal of point in getting into a long tennis match in Committee, but I want to put on record that we cannot pass the Bill with our eyes closed and say, “Once it exists as statute, everything will be resolved.”
Mr David Burrowes (Enfield, Southgate) (Con)
I appreciate that the hon. Gentleman is seeking to restrain himself to consensus mode as far as possible, and that he wants to avoid going into issues for later debates and stand part debates. However, although he gave a poke if not a punch to the Government’s record, the autumn statement takes us in the right direction—it included the housing deal for more than £1 billion with the Mayor of London, providing flexibility of tenure and 2,000 accommodation places for those with complex needs. Those are the people who are particularly affected and who we are concerned about. As part of a wider package, that will help to provide the resources to fulfil the duties in the clause.
The Chair
Order. Before the hon. Member for Hammersmith answers that, I think we are in danger of getting away from the specifics of the clause.
Andy Slaughter
I am grateful, Mr Chope. I was about to conclude my remarks. I note in response to the hon. Gentleman only that, if he is inviting me to congratulate the Mayor of London on making an excellent start in his housing policies, I reluctantly join him in doing so.
I do not know how much detail the Minister wants to give in responding, but I would like some acknowledgment not only that he will get the financing of local authorities right in the execution of the Bill, but that something must happen in relation to housing supply. I note what London Councils sent to us for the debate. The estimated spend by London boroughs on temporary accommodation alone in 2014-15 was £633 million, of which £170 million was met from boroughs’ own funds.
Responses have alluded to this, but I would welcome confirmation from the Government that, following the changes from the original draft, nothing in the Bill will require local authorities to provide accommodation, and rather that they will be required only to assist. As the Minister will understand, that is of huge concern to local authorities, because a requirement to provide would take the burdens under the Bill from being onerous to insuperable. I believe the Government recognise that in the changes. We would all wish for people who are not priority homeless to be able to access good quality social housing, as may have been available in previous generations, but there is a social housing crisis in this country and it is not available.
David Mackintosh (Northampton South) (Con)
I strongly believe that early intervention is essential in preventing homelessness and minimising all the stress and trauma that goes with it. However, we have all seen situations whereby people have come to local authorities, presenting themselves as homeless, and it is incredibly frustrating when they are seen as in non-priority need. In the eyes of many people they are homeless, and they require action from the local authority, which is not forthcoming. It is frustrating for Members of Parliament when we see that and get involved.
Michael Tomlinson
Perhaps you will permit me, Mr Chope, before I comment on clause 5, to thank the Chairman of the Select Committee, who, through the Clerk to the Bill Committee, made Daisy-May Hudson’s film available to all of us who do not sit on that Committee. It was both compelling and difficult to watch, and it was illuminating for those of us who had not seen it before.
I suppose that we all sincerely hope that if clause 4 is successful in its aim of preventing homelessness, when there is a threat of it, clause 5 will not be needed, but I agree that it is none the less an important clause. I should welcome some clarity from the Minister and from my hon. Friend the Member for Harrow East about the sort of reasonable steps that are to be expected of local authorities.
As to what the hon. Member for Hammersmith said about local authorities, I agree that they work hard and that, certainly going by my experience in Dorset—in Poole, East Dorset, and Purbeck—they are struggling with resources. I should welcome clarity on the matter of reasonable steps, although my hon. Friend suggested a few. I understand—and you know this better than any of us, Mr Chope—that it is not desirable to set out in a Bill each and every reasonable step, and that guidance may be anticipated in due course, but it would still be helpful for the Committee to understand in more detail what the reasonable steps would be.
I am sure that that clarity will be forthcoming, and in view of that I warmly support the clause.
Mr Jones
The Government support clause 5, which introduces a new duty to households that are homeless, known as the relief duty. It requires the local housing authority to take reasonable steps to help to secure accommodation for any eligible homeless household.
Like the new prevention duty, the relief duty extends help and support to a wider range of households. It applies to all, regardless of priority need and intentionality, and provides 56 days of help and support. It provides an additional safety net for those households for which homelessness prevention activity has not been successful. It also provides additional help for households that have sought help at a later stage.
The type of help that they receive will be based on the information identified during the assessment process, which I talked about when we discussed clause 3. The authority and the applicant would identify the reasonable steps that the applicant would take, through that process. For example, if the main issue is that a household member has left home after a relatively minor disagreement with their family and that is the only cause of their homelessness, the local authority can provide mediation to try to reunite the household. I think that is the type of example that my hon. Friend the Member for Mid Dorset and North Poole was looking for.
Households in priority need, for example those with dependent children or vulnerable for some reason, will be provided with interim accommodation for the duration of the duty. They will be placed in interim accommodation as there is an expectation that the relief duty will be successful and they might be required to move to new settled accommodation at short notice. Less time spent in interim accommodation will mean less uncertainty for the household, so they can start rebuilding their lives more quickly.
Like the prevention duty, the relief duty can come to an end in a number of different ways. Again, it might be helpful if I set out some of the most important. The way we envisage it will be most frequently ended is through help to secure accommodation. If the authority is satisfied that the applicant has suitable accommodation and there is a reasonable prospect of their retaining it for at least six months, the duty will come to an end.
The duty can also come to an end if the local authority has taken reasonable steps for a period of 56 days but those steps have not relieved homelessness. In that case, the advice and information duty persists and those in priority need can move to the main homelessness duty.
Ms Buck
A frequent cause of homelessness that I see is young people living in severely overcrowded accommodation with their parents and families. If a young person approaches a local authority, does the Minister consider it would be reasonable for the local authority to require that person to return to a home that is by any reasonable measure overcrowded?
Mr Jones
I would say that the local authority would have to look at the circumstances on a case-by-case basis. I would make another point to the hon. Lady. I know that she would have supported the spare-room subsidy for people in private rented accommodation but she does not support the principle of the spare-room subsidy for people in social housing. However, that policy is freeing up accommodation that will support larger families of the type she describes.
Mr Jones
That is something the hon. Lady needs to speak to her local authority about. I would need to see more details to comment further on that.
Both the prevention and relief duties, in conjunction with clauses 3 and 7, place an element of responsibility on the households themselves. They will be required to take their own reasonable steps to assist the relief of their homelessness. Requiring co-operation in that way means that, if an applicant deliberately or unreasonably refuses to co-operate, the duty can come to end. How that will work will be explained when we discuss clause 7.
A crucial difference between the prevention duty and the relief duty is that authorities may determine whether an applicant has a local connection with their district. If it is demonstrated that an applicant has a local connection with another district, a referral can take place. A relief duty provides another level of support and assistance for those households not in priority need that have become homeless. It is an important addition to the safety net and I welcome its inclusion in the Bill.
I will respond to some of the other issues raised. Taking your guidance, Mr Chope, I will not go as wide as some of those points. I see that I am receiving your endorsement to that approach, and I will try to follow that advice.
With regard to the points raised by the hon. Member for Hammersmith on funding, he will not be surprised to hear me say again that the Bill will be funded. We are dealing with and speaking carefully to the Local Government Association and local authorities to make sure that we get the funding right. He will also note that there is a long-standing new burdens doctrine that we have to follow in that regard. I entirely accept what he says about this burden not being a situation that a local authority currently has to bear as such, and we are therefore approaching the funding to it on that basis. However, as several of my hon. Friends have pointed out, although this is not a duty that generally exists at the moment, there will ultimately be benefits to local authorities upstream, in terms of savings that can be made further down the line.
The hon. Gentleman also mentioned temporary accommodation. I know that is an important issue in London. As he will know, we are devolving the temporary accommodation management fee, which will give local authorities a far better way to plan for temporary accommodation. I can also say to him that I have been disturbed by some of the stories I have heard about the approach that has been taken to securing temporary accommodation, in which local authorities have effectively been outbidding each other in certain cases. That is a real cause for concern, and I am trying to instigate work with London Councils to try to overcome that particular issue.
The hon. Gentleman also mentioned tenancy length. The average length of an assured shorthold tenancy is actually four years, but I understand what he says about 12-month tenancies. I discussed that at considerable length with my hon. Friend the Member for Harrow East and we came to the conclusion that, if we try to be too prescriptive on 12-month tenancies, it would cause a particularly difficult issue in places such as London, where a lot of landlords may not be willing to grant an assured shorthold tenancy for that length of time. However, what we are doing here does not preclude granting 12-month assured shorthold tenancies. We are trying to encourage landlords to engage with us and to take up the model tenancy agreement, which advocates a longer length of tenancy.
Helen Hayes (Dulwich and West Norwood) (Lab)
It may be the case that the average length of actual tenancy turns out to be four years. However, does the Minister accept that, within those four years, if the specified length of tenancy is one year, those tenants are nevertheless living with a lack of security and the uncertainty that the landlord could, if they choose, evict that tenant at will or bring the tenancy to an end? That lack of security is the issue as much as what happens in practice in terms of the average length of tenancy.
Mr Jones
The hon. Lady may be leading me down a road that makes me incur the wrath of the Chairman. There is certainly a balance to be struck between people having certainty and people having somewhere to live. The challenge is, if we try to mandate very long tenancies on private landlords, we may soon find that we do not have the supply of private rented accommodation that we need.
Will Quince (Colchester) (Con)
I am a former property lawyer, and I know the Minister also has considerable experience in this field. He will know that the stumbling block here is in fact the Council of Mortgage Lenders and insurers, which say that a tenancy of more than one year is not permissible in case the mortgage holder defaults and they need therefore to sell the property as quickly as possible to recover their losses. It is actually those two different groups that prohibit leases or assured shorthold tenancies of more than one year.
Mr Jones
My hon. Friend has considerable experience in this area and is absolutely right. That was one of the challenges for residential landlords, particularly buy-to-let landlords, who are restricted by the terms of a particular mortgage product they take. Mandating landlords to take a longer tenancy than either a mortgage lender or an insurance company may desire would cause a significant conflict and might mean that tenants are not able to secure a tenancy.
David Mackintosh
At the outset of the Bill, we said that in terms of helping homeless people some issues can be dealt with, but others may have to be dealt with separately. There is a housing White Paper coming later this year.
Mr Jones
The housing White Paper will address many of the issues regarding supply. My hon. Friend gives me a good segue to bring my comments to an end. The relief duty will bring another level of support and assistance for households not in priority need. He is right that the Bill is an extremely important part of dealing with some of the challenges we have, but it will not be a panacea so it would probably be best if we spent more time debating the substantive clauses.
Michael Tomlinson
This is an important point. In relation to this clause, the Minister spelled out the importance of flexibility and the interplay between six-month and 12-month tenancies. Will he explain and persuade the Committee of the evidence for that? I hear the arguments from both sides of the Committee about the importance of security, but will he spell out the evidence on six-month tenancies? I hear what my hon. Friend the Member for Colchester said, but this is a crucial point.
Mr Jones
I think we all recognise that the ideal situation would be to have 12-month tenancies for the people we are discussing. Often they are in a very difficult position, and that additional certainty may well be very helpful to them. We also have to acknowledge that there are a number of barriers to that. I am not saying that in future we may not get to the promised land in this sense, but we have to be realistic about the current situation.
While we are talking about six-month tenancies, the measure does not preclude 12-month tenancies. As I said earlier, we are speaking to landlord groups and other stakeholders to agree things such as model tenancy agreements, so that we can get to a position where all parties come to the conclusion that 12-month tenancies are more desirable than six-month ones.
Ms Buck
I am grateful. Does the Minister share my dismay at the explosion in the use of nightly booked accommodation for homeless households? Does he accept that particularly for vulnerable people or families with children, not knowing where they will be from one day to the next is a huge problem? Will he act to stop it?
Mr Jones
Again, we are going slightly awry here, but we have been concerned about that. That is why we are doing a huge amount of work to put local authorities in a better position to secure temporary accommodation and plan for the future. I completely agree with the hon. Lady that the practice she mentions is not desirable or one we endorse.
Bob Blackman
We have had a wide-ranging debate on this clause. I will answer some of the points raised.
The hon. Member for Hammersmith raised important issues such as the knock-on effects for priority need households of extending the duty to single homeless and others who previously did not come under it. That is an important aspect of the Bill and one of the reasons why there will be funding for it under the new burdens doctrine. We look forward to the Minister announcing the extent of that funding soon—that is parlance that I have heard from colleagues across the House. This is clearly an issue, and we do not want to get to a position where priority need households are disadvantaged at all as a result of these new measures.
The hon. Gentleman also raised the 24-year low in building social rented accommodation. To correct my hon. Friend the Member for Enfield, Southgate, I think we can all say that the Government’s record-breaking £3.15 billion settlement with London for it to build 90,000 affordable homes is a great start to the process. The provision of housing goes beyond the scope of the Bill, but it is of course part and parcel of the whole process. If we give local authorities duties to help and advise and provide accommodation, we need that accommodation. Forgive me, Mr Chope, but I recall the hon. Member for Hammersmith opposing tooth and nail the Transport for London Bill, which I took through, and provided for TfL to supply affordable housing across London. I am sure he regrets that opposition now that his colleague the new Mayor of London can implement that wide-ranging and far-sighted proposal, which I had the honour of making.
Andy Slaughter
I do not want to test your patience, Mr Chope, but the issue with the Transport for London Bill was that TfL was building out schemes with no additional social housing and virtually no affordable housing. I am delighted to say that under new management, it is a reformed character.
Bob Blackman
The issue, of course, was giving TfL the power to develop housing; the political control of the delivery of that is up to politicians. You will be delighted to know that I will not be diverted any further, Mr Chope.
The other important point that the hon. Member for Hammersmith raised was that in the original draft Bill, there was provision for emergency accommodation for non-priority households. That would clearly be an extreme extra burden on local authorities. In our discussions before we produced the final version of the Bill that was introduced, I reluctantly agreed that we should remove that provision on the basis that it would produce major costs for local authorities, particularly in London. That is not to say that I would not like that provision to be in the Bill—I would. It would clearly be an extremely important contribution, but it would be very expensive, and I assure the hon. Gentleman that it has been removed.
My hon. Friend the Member for Northampton South raised the important issue of applicants’ frustration. I went out last night with St Mungo’s night patrol to identify homeless people on the streets of the City of London and help its clients. One of the volunteers made clear that he was a non-priority individual. He had gone to his local authority, which had just said, “Sorry, nothing to do with us.” He was very proactive, but had he got the help and advice that he needed up front, he would not have become homeless. That is exactly what we are attempting to achieve with the Bill; as we have said, we have to change the culture set by changing the law.
My hon. Friend the Member for Mid Dorset and North Poole raised the issue of reasonable steps, which I trust the Minister’s answers have set out. It is difficult to prescribe those in legislation. We have to rely on a local authority understanding its duties and ensuring that it delivers them in a reasonable manner. To prescribe all those steps would be too prescriptive and would prevent local authorities from trying new ways of delivery.
Michael Tomlinson
I agree. I am not advocating that my hon. Friend spells out each and every circumstance in clause 5. If I were, I would have tabled my own amendment and proposed it to the Committee. However, I welcome what my hon. Friend and the Minister have said, because it is helpful for the Committee to have discussed and fleshed out some of the options that local authorities will have, so that they themselves can take them on board or innovate as my hon. Friend says.
Bob Blackman
I thank my hon. Friend for that intervention. Clearly, what has been referred to is a way forward for us.
The Minister has clarified many of the issues that colleagues have raised. One that has come up in many interventions is six-month versus 12-month tenancies. The hon. Member for Sheffield South East and I also served on the Communities and Local Government Committee in the previous Parliament. It produced an excellent report—I would say that, because I was part of it—which recommended that tenancies be extended. I strongly support longer tenancies for people in the private rented sector. Such provision provides security of accommodation and of tenure. In my view, it should not be a question of six or 12 months; tenancies should be even longer. Why not have three-year tenancies? We have to solve the problem.
My hon. Friend the Member for Colchester made the point about mortgage lenders and other individuals who are involved having to come to terms with what has been suggested Actually, we need another change in the law. I crave your indulgence, Mr Chope. That is something else that needs to be acted on in law, but it is not within the scope of this Bill. What is within its scope is the issue of a local authority trying to house a family or single individuals who are homeless and securing accommodation for them.
We have discussed the matter in detail, and it is clear that if we stuck with a 12-month tenancy, the problem would be lack of supply. It is better to prescribe a minimum of six months, which hopefully could be extended to 12 months to prevent someone from going through a regular cycle of having a six-month tenancy, returning to the local authority, getting another six-month tenancy and so on. I am talking about a cycle of homelessness—the insecurity of people moving on and on and on in an unfair manner. I have explained where we would like to be. As I said, I would prefer to be in a position whereby we could prescribe even longer tenancies. That would be much better for families and for individuals.
Will Quince
My hon. Friend is making a powerful point. The length of tenancies certainly needs to be considered, but does he agree that every action has consequences and we must ensure that any legislative change that we bring in—I am thinking of changes that mean additional risk for members of the Council of Mortgage Lenders and for insurers—does not end up pushing up the mortgage payments and insurance premiums of all the people in the country who have mortgages and insurance?
Bob Blackman
Clearly that is a consideration, but perhaps for another Bill and another day. It is certainly not within the scope of this clause.
My hon. Friend the Member for Northampton South referred to the housing White Paper. If it is to be released later this year, it will not be long before we receive it. However, I am sure that what the Minister meant was “soon” in parliamentary parlance. That is an important part of this process. The housing White Paper, I trust, will build on the good work that we are doing with this Bill to ensure that we have the accommodation that goes with the duties. I hope that the Committee approves clause 5.
Question put and agreed to.
Clause 5 accordingly ordered to stand part of the Bill.
Clause 6
Duties to help to secure accommodation
Question proposed, That the clause stand part of the Bill.
Bob Blackman
This relatively brief clause was introduced to add clarity and assist with the efficient functioning of the homelessness prevention and relief duties. It ensures that the requirements that the housing authority must meet when it secures accommodation itself do not apply when it takes steps to help an applicant to secure accommodation. This is about efficiency and providing flexibility to applicants.
This short clause is particularly important for a number of reasons. Let us consider a typical scenario: a household has been unable to find accommodation because it cannot afford the rent deposit. That is often a problem, particularly in areas of London. The household approaches the local authority, which assesses its situation and sees that the single barrier is the deposit. The reasonable step is for the authority to provide that deposit.
Michael Tomlinson
I was scratching my head when I first read the clause—perhaps it was too late at night. My hon. Friend said that, although the clause is short, it is none the less important. I looked again at section 205 in part 7 of the 1996 Act to ensure that I was reading it correctly. If what I am told is right, the clause will help single homeless people in particular; we often meet them in our surgeries and they are more likely to be street homeless, as is the case in Poole. However, I cannot fathom out how on earth the clause helps that category of people. Have I misunderstood? Will my hon. Friend enlighten me?
Bob Blackman
Let me try to enlighten my hon. Friend. The aim, as I have explained, is to provide flexibility so that if a household is able to secure its own accommodation—this might be part of a plan that has been put together—it can do so and then return to the local authority if, for example, the deposit is an issue. The local authority can then say, “Fine. We can deal with the deposit. Thank you very much. Off you go.” For someone who is more vulnerable and requires the local authority to identify housing for them, clearly that is a different issue, because they will need more help and advice. The local authority will then secure accommodation for the individuals affected.
The clause aims to ensure that local housing authorities have the flexibility they need and that applicants can secure accommodation and then return to the local authority and say, “We have found somewhere.” The local authority cannot then turn around and say, “We don’t want you to go there; we want you to go here.” The clause provides flexibility ultimately to protect the applicants, which is key. It will also help the local authority to avoid potential conflict when applicants are, not unreasonably, acting to help themselves. We do not want people to sit back and wait for the local authority to do it for them; we want them to get on, do it for themselves and get help and advice from the local authority. That is what we want the Bill to achieve.
Will Quince
My hon. Friend makes a powerful point. Does he agree that the measures are about empowering those who find themselves in that position? I suggest that they do not want to appear as victims reliant on state handouts. They want empowerment to get their lives back in order. If they are making those decisions, that will be best for all involved.
Bob Blackman
During the Select Committee inquiry, several witnesses made clear that they were happy to approach the local authority to get help and advice and then take action. The problem that they experienced at first was not getting the help and advice from the local authority. Many individuals were homeless for the first time and were shocked at not knowing what to do and how to do it. If the local authority were to act as a one-stop shop and point them in the right direction, they would be perfectly able to secure accommodation. They just want that extra assistance. We do not want to bind the hands of people who are perfectly capable of looking after themselves but just need that extra help and advice, given that they face a major crisis in their lives.
Mr Jones
In an area with high demand where properties are snapped up quickly, a family might want to move to a certain property. If they have to go back to the local authority for it to inspect the property, that would cause delay and the property might be taken by somebody else in the interim. Is that not the type of situation we are trying to avoid?
Bob Blackman
Indeed. We will come later to the duty of the local authority to inspect properties. This is a sensible change that would mean that local authorities could work much more efficiently and households would have more choice over where they live. That is often a key demand. In our surgeries, people often say that local authorities are making offers of properties in completely unreasonable locations. This measure would give applicants far more control over their future lives. I trust that we can agree to the clause and move on.
Andy Slaughter
I was not going to speak to the clause, but I will do so briefly because the debate has taken a slightly surreal turn. My reading of the clause is exactly the opposite of that of the hon. Gentleman.
The picture painted by some of the interventions is that non-priority homeless people are taking their pick of attractive properties in the area and may be competing with others or people who are not in the same market, and that local authorities might intervene with some bureaucratic procedure to stop them doing that.
My reading of the clause is that if somebody goes to a local authority with a duty under clause 5, it is much less restricted in how it can discharge that duty than would be the case for priority homeless people. That is why Shelter has asked for it to be made clear that this should be suitable accommodation under the 2012 homelessness regulations.
It would be wrong of me to oppose the clause. As I said in my remarks on clause 5, the onerous additional burdens placed on local authorities are likely to lead to their duty towards priority homeless people being subverted by the new duties. However, we should go into these matters with our eyes open. It will not be the applicant but the local authority that will be given a greater degree of flexibility. I hope that the hon. Gentleman is correct that this will be less bureaucratic and more effective, but to paint a picture that it somehow gives the keys to the housing market to those who come to local authorities with such a degree of need is, at best, wishful thinking.
Mr Jones
Clause 6 adds clarity to the homelessness prevention and relief duties. It ensures that the requirements that a local housing authority must meet when securing accommodation for applicants itself do not apply when it takes steps to help to secure accommodation. That common sense change means that authorities can work more efficiently and can direct resources to where they are needed most, and that households get the help they need while retaining their ability to make their own choices about where they live. The Government are therefore happy to support the clause.
Question put and agreed to.
Clause 6 accordingly ordered to stand part of the Bill.
Clause 10
Duty of public authority to refer cases to local housing authority
Mr Clive Betts (Sheffield South East) (Lab)
I beg to move amendment 2, in clause 10, page 16, line 31, at end insert—
“(3A) Where the specified public authority makes a notification to the local housing authority the public authority must cooperate with the housing authority in meeting its duties under sections 179, 189A, 195, 189B and 199A of the Housing Act 1996.”.
This amendment would ensure that where a public authority made a referral to a housing authority in respect of a person who is or may become homeless the public authority is under a duty to cooperate with the housing authority.
The amendment is very much in the spirit of clause 10, but it goes a bit further. This was an important matter when the Select Committee held its first inquiry into homelessness and produced its first report. Indeed, chapter 7 of our report was on cross-Government working—we might have called it “lack of cross-Government working,” given the evidence from various witnesses. In the chapter’s introduction we quoted the words of Howard Sinclair, the chief executive of St Mungo’s, who said that “Homelessness is everyone’s issue”. From the evidence we heard, the Select Committee decided that all Departments need to contribute to ending homelessness.
Jon Sparkes of Crisis said
“there is very little evidence that the influence of DCLG is spreading to the other Departments.”
The Minister looks a little hurt, but he should not. We are trying to help him in the battle he has to wage with his colleagues in other Departments. We want him to have meetings with colleagues in the Department for Work and Pensions, who have produced proposals such as changing the supported accommodation allowances without any thought to what will actually happen to the accommodation provided for homeless people. That is not DCLG’s fault. As far as I know, DCLG was not even consulted. It is important for there to be genuine understanding of the actions of other Departments, such as the DWP or the Department of Health. We all know that homeless people often have mental health problems—mental health problems can cause homelessness, and homelessness can cause mental health problems—so co-operation with the Department of Health and all the various health organisations is essential.
As it stands, clause 10 is a good proposal. Authorities should be advised to contact the relevant housing authority when they recognise that a person with whom they are in contact is homeless or threatened with homelessness, which is an entirely reasonable starting point. The problem is that it is a bit like, “We have passed it over to you; it’s your problem now.” That is the exact opposite of what the Select Committee was trying to say in its report. It is not about saying, “We have identified that this person may be at risk of homelessness. Get on with it, housing authority. You will sort it out now. There is nothing else to it. It is simply a homelessness issue.” We stated very clearly that, right the way through, there has to be cross-Government working and a clear indication that that is going to happen.
My amendment therefore sets out the responsibility in a simple way. It might not go far enough, and I accept the criticism that it is too weak in its emphasis on what more can be done. All the amendment says is that an authority that passes on to a housing authority concerns about an individual who is homeless or threatened with homelessness has a duty to co-operate with the housing authority on meeting its duties. That seems to me an entirely reasonable proposition, and one that I hope we will all support.
I know the Minister’s colleagues in other Departments have to agree to any new burdens placed on them and that local authorities just have new burdens given to them; other Government Departments seem to have a say on what gets passed on to them. It seems to me entirely reasonable, and not an exceptional request, to say that while it is good that a public authority has to notify a housing authority when it comes across somebody who is homeless or who is threated with homelessness, should we not ask for that little bit more—that that public authority co-operates?
Andy Slaughter
I support the amendment standing in the name of the Chair of the Select Committee. I had a similar amendment on the duty to co-operate between public bodies and local authorities, which I have not tabled. Both amendments would effectively have done the same thing.
Co-operation is important, but it runs both ways. As the Chair of the Select Committee has indicated, it is important because local authorities cannot achieve the objectives of the Bill on their own. Let me give an example that I came across last Friday: I spent the morning visiting the in-patient mental health unit in my constituency, where I was told that about a third of the beds there are occupied by people who are ready for discharge but have nowhere to go. In many cases those people will be referred to the local authority. The answer to the question of whether that is new is yes, it is relatively new.
I am not criticising local authorities, but the problem is that whereas they might have previously taken something on trust or accepted that they had a prima facie duty for it, they will now be much more scrupulous or detailed in looking at whether that duty is owed simply because of the demand on their services. They will do that across the board, even when dealing with other public authorities. The net effect will simply be to shift the burden from one part of the public sector to another, with the consequence that people either might not get the best care or might prevent others from getting the care that they need.
Accepting the amendment is absolutely crucial to the proper functioning of the Bill. One would hope that the public sector works in a joined-up way, and that Departments work in a joined-up way, but that is not always the case, so we would do well to give any encouragement to that.
Mr Burrowes
It is a pleasure to take part in the debate. I welcome the intention and principle behind it, particularly because it flows into clause 10; it is just seeing how far it will bite. I particularly welcome the principle of joined-up services—we sometimes get sick of talking about joined-up Government, and it often does not mean that—when dealing with the concerns at the heart of clause 10, which is about trying to ensure that there is better co-ordination and co-operation.
As the co-chair of the all-party parliamentary group on complex needs and dual diagnosis, I make particular reference to complex needs and to those people facing multiple disadvantage, and to the need to ensure that there is real co-operation. The litmus test of clause 10 is the implications of referrals for those with the most need and facing the most disadvantage. There is a particular impact on health: almost twice as many who use homeless services have long-term physical health problems and mental health diagnoses compared with the general public, and the average age of people who die while homeless is 47, which is scandalous.
That particularly comes into play when dealing with those who come into contact with health services in one form or another. Not least, homeless people might struggle to register with a GP because of not having a permanent address. A vicious cycle goes on where they end up in crisis management and in A&E. It is then a further scandal when the intervention that needs to take place at that stage does not. At the heart of the Bill is the fact that early intervention and preventive duties should not just stem from when people come into contact with the housing department. When they are in contact with the health services, and not least when they end up at A&E, that should lead to an intervention and referral, which leads to the co-operation that we want.
St Mungo’s has been on this case for a long time and has drawn attention to it with the “Homeless Health Matters” campaign. Before the Bill, it sought to have a charter that local authorities signed up to so that co-operation happened on an informal level. I believe that clause 10 takes things a huge step further as regards the statutory duty on referrals. The issue is how much further it explicitly needs to go with a mandatory requirement to co-operate across departments.
I also support the principle behind the amendment because, in many ways, it is already happening across Government—regardless of the cynicism that is around. One only has to look at the issue of violence against women and girls, which is a concern that we all share. If one looks at the national statement of expectations published on 7 December, one sees that it is all about co-operation. That comes from the Home Office and has a welcome two-year fund for refuges and other forms of accommodation. There is also all the extra investment in social impact bonds, in which co-operation is very much inbuilt. There are those with complex needs and the multi-agency approach that is used, although often not well enough. Sometimes these things are based around funding streams, and we need to see that happening across the country. The question is whether the duty to refer will help to ensure that good practice does happen across the country.
To home in on women—who are, sadly, some of the most vulnerable and face complex needs—the national statement of expectations from 7 December says:
“To deliver this, commissioners should…consider whether an individual may have complex needs or suffer from multiple disadvantage and, if so, the services in place to manage these…Commissioners should consider how these detect and respond to women’s experiences”
of violence, and ensure that there are services for them. That has come from the Home Office but plainly interacts across all Departments, and there is that expectation that it be delivered. At the end, the statement talks about how local authority, housing and homelessness policies must take account of sexual violence. That is included in the Bill in relation to the duties on advisory services; it is welcome that domestic violence is included, not least because of the work of the Select Committee.
The question is whether the Bill needs to go further in terms of a mandatory requirement for co-operation, or whether this referral will supplement and complement what is now happening to a much greater extent across Government. There is greater recognition and understanding of complex needs. Many of us have talked over the years about multi-agency approaches and joined-up government until we were blue in the face, but sadly these most vulnerable people are not getting what they need and deserve.
My view, which has been a common thread in discussions on the Bill, is that we need to balance doing what we can to ensure that this is a groundbreaking Bill—as I believe it is—that will help to provide greater support, preventive work and co-operation with whether this amendment will provide additional burdens across Government and have unintended consequences. Although it may provide a mandatory requirement—that, in many ways, is already the intention across Government—it might lead to additional financial burdens, which might lead to additional bureaucracy that might get in the way of the local co-operation between services that we want delivered on the ground. I am not convinced. If there is a proper fulfilment of the duty to refer, which may be wrapped up in guidance, having a mandatory co-operation requirement may provide additional undue financial burdens across Government and create bureaucracy that might, sadly, get in the way of what we want to do, which is to co-operate across services.
Homelessness Reduction Bill (Fifth sitting)
Wednesday 11th January 2017
(7 years, 3 months ago)
Public Bill CommitteesRead Full debate Homelessness Reduction Act 2017 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 11 January 2017 - (11 Jan 2017)
Mr Clive Betts (Sheffield South East) (Lab)
Let’s hope it’s worth waiting for.
The Parliamentary Under-Secretary of State for Communities and Local Government (Mr Marcus Jones)
That is a challenge, Mr Chope. I wish you and the rest of the Committee a happy new year.
Clause 10
Duty of public authority to refer cases to local housing authority
Amendment proposed (14 December 2016): 2, in clause 10, page 16, line 31, at end insert—
“(3A) Where the specified public authority makes a notification to the local housing authority the public authority must cooperate with the housing authority in meeting its duties under sections 179, 189A, 195, 189B and 199A of the Housing Act 1996.”—(Mr Betts.)
This amendment would ensure that where a public authority made a referral to a housing authority in respect of a person who is or may become homeless the public authority is under a duty to cooperate with the housing authority.
Question again proposed, That the amendment be made.
Mr Jones
Amendment 2, tabled by the hon. Member for Sheffield South East, would reintroduce a duty that was in the original draft of the Bill when my hon. Friend the Member for Harrow East first proposed it. We are concerned that the amendment would create burdensome and centrally imposed obligations on how local housing authorities interact with other public services. A one-size-fits-all obligation could create inefficiencies, potentially undoing some of the good work that is being carried out and developed naturally at local level.
In City of York Council’s response to the Communities and Local Government Committee’s call for evidence on the Bill, it highlighted the fact that local agencies in York already work together to prevent homelessness. That is just one example of effective arrangements being put in place locally that we would not want any new duties to cut across.
During our last sitting before Christmas, my hon. Friend the Member for Enfield, Southgate, spoke at some length about the national statement of expectations published by the Home Office at the start of December. That sets out what local areas need to put in place to ensure that their response to violence against women and girls is collaborative, robust and effective, so that all victims and survivors receive the help that they need. We worked closely with the Home Office in developing it and our priorities for domestic abuse services.
Both the national statement of expectations and our priorities for domestic abuse services set out what local areas need to put in place to ensure that their response is as effective as it can be, so that all victims and survivors receive the help that they need. They were developed by working with commissioners and service providers, including third sector stakeholders, and they reinforce the importance of bringing local service providers together, understanding local need, developing a strategy to meet identified need, commissioning services accordingly and setting out clear leadership and joint accountability for delivery. That is a great example of how we can stimulate and encourage good work at local level. It underlines the importance of local flexibility and expertise, and supports local innovation.
The Government are supporting that innovation further, through our homelessness prevention programme. Just before Christmas, my right hon. Friend the Prime Minister announced £50 million of funding, including £20 million for new prevention trailblazer areas across the country. One aim of that programme is to identify innovation and best practice, and the funding will support projects working across different services. For example, Brighton will provide a jointly commissioned nurse to help people with both substance misuse and mental health needs to access the support that they require. Examples such as that will create the best practice from which the rest of the country can learn.
In addition to the funding programme, I chair the local authority working group for homelessness prevention, in which about 15 local authorities come together to discuss various topics. One theme to which we will return regularly is good practice and how central Government can support and disseminate it. I also chair the ministerial working group on homelessness. The existence of that group recognises the fact that homelessness rarely results from a housing crisis alone, and that underlying issues with employment, health and justice are often critical factors. One aim of the group is better to join up homelessness strategy across Government, which in turn will help to encourage public services to work together in their local areas to prevent and relieve homelessness.
Mr Betts
I am listening to what the Minister is saying about the various ways in which good practice can be disseminated. Will he give consideration to including something in the guidance that he will issue, after the Bill becomes an Act, to local authorities, public bodies and other agencies about the importance of working together and co-operating?
Mr Jones
The hon. Gentleman raises a good point, which I will take on board and think about. There will certainly be guidance relating to the substantive clause on the duty to refer. Whether that guidance will look further into collaboration in places that are doing a good job remains to be seen, but I will certainly look at the question, as he suggests.
Finally, we will also support councils through a network of advisers. That is possibly where the suggestion made by the hon. Gentleman, who is Chairman of the Select Committee on Communities and Local Government, might apply. The advisers are experts who will work with local authorities to produce multi-agency homelessness strategies. They will also agree protocols and pathways between services in line with the good practice that already exists.
We believe that the initiatives I have set out are powerful ones that will help with best practice and encourage the delivery of local partnerships. I am not sure whether we are to have a clause stand part debate, but if we do, I shall be able to set out in more detail how the duty to refer will work. It will be an important step towards where we want to be; it will also be important for encouraging the sort of local collaboration that we want. For all those reasons, the Government believe that the amendment is unnecessary, and I ask the hon. Gentleman withdraw it.
Bob Blackman (Harrow East) (Con)
I echo the Minister in wishing everyone a happy new year, as we rush towards completion of our Committee sittings on this private Member’s Bill.
The Minister is quite right that there was a similar clause on duty to co-operate in the original draft Bill, and he has set out the position on co-operation between service partners. Clearly, we shall have further discussion on that on clause stand part. This matters for defining how the relationship between service partners works. Service partners are co-operating in a number of innovative local operations, and the last thing that any of us wants is to stymie those local approaches. It is important to give them a chance to work, see what best practice is, and bring forward alternatives.
Legislation is only one tool in the box for helping to relieve homelessness. We are imposing a duty—we shall come on to this in clause stand part—to refer individuals from different public bodies. My real concern about the amendment tabled by the Chair of the Select Committee is that it would give carte blanche on the duty to co-operate, without specifying what such co-operation would look like. I have a lot of sympathy with the intention behind the amendment, but the general intention of the Bill is to drive through a culture change, and an element of that is wanting culture change—in local authorities, but also in all public bodies across the piece. It is important to create strong local working relationships, and on that basis I ask the hon. Gentleman to withdraw the amendment.
The problem with this amendment in many ways is that because it includes a duty to co-operate overall, it runs the risk of creating a maelstrom across public services because of its uncosted and unbudgeted element, which would cause a problem in future. On that basis, I ask the hon. Gentleman to withdraw the amendment. I have a lot of sympathy with wanting to ensure that we have proper co-operation, but the first part of that is ensuing that public bodies refer homeless people to the local authority, so that they get expert help and advice.
Mr Betts
I wish everyone a happy new year and echo the sentiments of the Minister and the Bill’s promoter. I will not press the amendment for reasons that I will explain, but I want to keep an eye on the issue, because I am not totally convinced by what the Minister said.
I recognise that the Minister and the Bill’s promoter want public bodies to co-operate in all shapes and forms. I accept that that is their intention and take their comments at face value. However, I am not totally convinced that all Departments always want to engage in this way. There is a history of some Departments being less co-operative than others on some of these matters, and I think we all know that. That applies not just to Departments and Ministers, but down the line to local health bodies, for example, which in my experience are not always co-operative in every shape or form, though many are. That is the issue; it is not just about Departments, but about what happens in practice on the frontline. I listened to what the Minister said about guidance. I hope that he will reflect further on that and talk to his colleagues in other Departments about what can be done to get the message down the line about what is expected.
I thought there was a little conflict in what the Committee was told this morning. The Minister talked about a one-size-fits-all approach; a requirement on a public authority to co-operate in a very general sense cannot be described as a one-size-fits-all approach. It is a very general requirement. Indeed, the promoter of the Bill said that the amendment does not specify what co-operation looks like. If it does not specify that, it can hardly be described as a one-size-fits-all approach. The two do not quite sit together.
The Minister referred to York and Brighton, where good things are happening. That is right and is to be encouraged and commended. If authorities are co-operating anyway, this is hardly a new burden on them. My suspicion is that it is not happening everywhere. He gave examples of where it is happening, not where it is not, and there could be examples of where it is not. The amendment would require all authorities to come up to the standard of the best. It might impose a duty, but a duty that should be there anyway. I hope that, even if this requirement cannot be in the Bill, the Minister will reflect on the issue of guidance, and let us know what he intends to do about it. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Bob Blackman
I beg to move,
That the Order of the Committee of 23 November 2016, as amended on 30 November, be amended, by inserting at the end—
“and on 18 January when the Committee will meet at 2.00 pm as well as 9.30 am.”
By way of a brief explanation, this change would mean that the Committee would sit not only in the morning, but in the afternoon until we conclude our business. We have had a number of sittings during which we have had vigorous debate, which is absolutely right, but we need to move the Bill forward so that it returns to the Chamber on Report. My intention as the Bill’s promoter is for Report and, hopefully, Third Reading to be on 27 January. That would obviously necessitate us concluding our debates and deliberations next Wednesday, by when we will have certainty about concluding proceedings and the Bill going back to the Chamber. We have important issues still to resolve, but I trust that Wednesday afternoon will give us sufficient time to debate and discuss vigorously those elements.
Ms Karen Buck (Westminster North) (Lab)
It is a pleasure to serve under your chairmanship, Mr Chope. I apologise on behalf of my hon. Friend the Member for Hammersmith—I am standing in his place—who has family commitments and is unable to attend. I am perfectly happy to support the sittings motion. Obviously we are keen to conclude the Bill, but I have to say once again, as the Committee enters its second year of deliberations, that it is something of a surprise to Opposition Members that we still await clause 1, clause 7 and the money provisions.
When my hon. Friend said that he would not be able to attend this sitting, he was anxious that important elements of the Bill would be introduced today. I assured him that that was unlikely and that parliamentary draftspeople were burnishing and polishing the clauses through the night, as they had done throughout the recess, and that they would produce them in perfect form at the last possible moment. Expectations are very high for the quality of those clauses and the generosity of the financial provision that we look forward to the Minister offering us next week. When my hon. Friend returns next week, we will expect the quality of those substantive clauses to justify the unusual and extensive delay in producing them.
The Chair
The reason I invite the Minister to comment is that if the motion is passed, it means that business will be completed next Wednesday. In order for that to happen, any amendments or new clauses that will be the subject of discussion next Wednesday will need to be tabled in sufficient time to enable Members to see them and perhaps table amendments to them. That has to be done before close of play on Friday. I was hoping that we might get some reassurance from the Minister on the timetable that he has in mind.
Mr Jones
Thank you, Mr Chope, for your kind invitation for me to set out the position. We are well aware that time is pressing and are keen to ensure that we get the clauses right. We anticipate tabling the various clauses by the deadline.
Question put and agreed to.
Question proposed, That the clause stand part of the Bill.
Bob Blackman
Clause 10 relates to what is commonly referred to as the duty to refer. It requires public authorities in England specified in the regulations to notify a local housing authority of service users who they think may be either homeless or at risk of becoming homeless. The safeguard is that the clause requires the public authority to get the individual’s consent before referring them, and it allows the individual to choose the local housing authority to which they are referred. Specified English public authorities exercising functions in relation to any individual will have the duty to refer that person if they think that they may be either homeless or at risk of becoming homeless.
One reason that the clause is so important, as we have heard during our deliberations, is that the Bill names a large number of public authorities and the arrangements will be different. For example, I know from evidence presented to the Select Committee, and from visits that I have made up and down the country, that people in the health service do not routinely refer people who they think are homeless to their local authority, because they do not think that it has anything to do with them. One of the problems that then arises is that people who are rough sleeping go to hospital, get patched up and are then sent back on to the streets, and it becomes a cycle of despair, frankly, for those individuals. The clause will place a duty on hospitals to refer to the local housing authority those individuals who they think may be either homeless or at risk of becoming homeless, so that it can take action. That is absolutely right.
Given the time, I will not go through the details of the large number of other areas affected, but some of them are very important. For example, it is an outrage that we allow ex-offenders to leave prison on a Friday afternoon with £40 in their pockets and hope that they will not reoffend. They have nowhere to go for advice or help, but we are surprised when they gravitate back to their circle of friends who are probably involved in criminality. They then reoffend and end up back in prison. We have to break that cycle.
Michael Tomlinson (Mid Dorset and North Poole) (Con)
On the subject of prisons, how does my hon. Friend see the interplay between the clause and the many excellent charities that already work with ex-offenders, such as the Footprints Project, which helps to mentor them? Is there any way that the duty to notify the local authority could be extended to include charities such as the Footprints Project?
Bob Blackman
My personal view, having looked at the issue in detail, is that workshops could be rolled out for people who are about to leave prison. That would allow them to be trained and assist them in living a normal life in society. We often forget that people who have been in prison for some time have lost touch with how society has moved on, what their duties are and how they can obtain help and advice. The Bill would require prison services to refer individuals to the housing authority, but I want to see a cultural change. We are giving prison governors far more power and responsibility. The last thing they should want to see is ex-offenders reoffending. If we can get people on to a straight and narrow way of life, that has to be a better way to proceed.
Alison Thewliss (Glasgow Central) (SNP)
The hon. Gentleman is making an excellent point about people leaving prison. Does he agree that co-operation should start not when the person leaves prison, but with support in filling in application forms before they get to that stage? That process could start weeks, possibly months, before they leave.
Bob Blackman
There are a series of two-hour workshops that can be taken off the shelf and used in prisons. They put at the participant’s disposal the means by which to secure a tenancy; inform them of how to claim benefits, if they are entitled to them, and how to secure a job; and provide a variety of different exercises. That would take four two-hour sessions and I do not think that that is unreasonable when people are being prepared to leave prison. They can leave prison with all that in their pocket, as it were, knowing what they have to do and how to do it. That would be a good start in the process.
Will Quince (Colchester) (Con)
I can refer anecdotally to the situation at the moment. Certain prison governors and officers will refer those whom they suspect will face homelessness to towns that they know have excellent charitable provision, such as Colchester, when the individual has no connection to that town. Does my hon. Friend think that by identifying such individuals early and making that referral, the new duty will ensure a more even spread? That would also ensure that individuals are referred to a place that is most appropriate for them, not just the place that has the most appropriate provision.
Bob Blackman
Clearly, we do not want to be in a position of pot luck where ex-offenders get referred to particular areas where charities are very good at providing help and assistance. It should be the responsibility of local authorities. Whether they choose to outsource that responsibility to a third sector organisation is up to them. What matters is that people should be referred to local authorities so that they can get housing assistance. Often, it may help to take them out of the comfort zone in which they may previously have existed.
I have cited two examples of particular public services, and a third is the armed services. Often, people leave the armed services with specific requirements. It is very important to prepare them for life outside the armed services. The duty to refer those people will be extremely helpful. Members of the Committee will have dealt with people who have had to secure accommodation after leaving the armed forces. I have dealt with constituents who, sadly, are traumatised or injured as a result of serving their country and who have specialist needs.
Finally, the police will also have a duty to refer people. Often, our police force end up being almost a substitute for the health service and for many other public services. I have seen personally the amount of work that police put in for people with mental health problems.
David Mackintosh (Northampton South) (Con)
I am sure that my hon. Friend will agree that people go to work in those public services because of a sense of vocation and a desire to help. Does he also agree that, while the duty to refer will help them do their jobs and carry out their vocation, some training will need to be put in place to make people aware of the new duty?
Bob Blackman
The clause makes a major change to the duties that we place on all public authorities. We intend for people who work in public services to spot those who are either homeless or at risk of homelessness and to refer them to specialists who can deal with the problem. That is a sea change and a cultural change, and it will take place across the public services. It clearly requires training and assistance so that people do not slip through the net, which is a clear concern. An important part of the process is that all public bodies will have to look at what training their frontline staff need and how they can ensure that they assist and spot people who are at risk of being homeless. Homeless rough sleepers are easier to spot, but those who are at risk are less easy to spot, so there will have to be training in that regard.
I intend, through the Bill, to ensure that a person’s housing need is assessed in any contact with public authorities. The measure will help to achieve that. Clearly, we will need to monitor it and work together with service partners to identify at an earlier stage those households that are at risk. That means that prevention activities can take place earlier, with the ultimate goal of relieving or preventing someone’s homelessness.
In conclusion, on schools and education facilities, children are often vulnerable. It is possible for teachers, headteachers and support staff to spot the signs of homelessness, so those in the profession will need to be trained so that they can be assisted in spotting such problems before they arise.
Ms Buck
Obviously, Opposition Members support the general thrust of the clause. It is right that housing authorities are able to draw on information from all the other agencies with which people at risk of homelessness engage.
Quite rightly, you will not let me, Mr Chope, rehearse the spirit of the amendment that we just discussed, but the task here is to ensure that the referral process leads to meaningful engagement and supplies the information necessary for a local authority to make an informed housing decision. I am afraid to say that, as my hon. Friend the Member for Sheffield South East said, if the co-operation were working as well as the Minister implies, we would not have many of our current problems.
On Second Reading, I raised the worrying statistic about ex-offenders, to which the hon. Member for Harrow East has alluded and which provides a classic illustration. My own local authority, Westminster, is the frontline of rough sleeping. Nearly one in three of all rough sleepers in our borough have been through the prison system. Something is going badly wrong when people who are highly vulnerable and, as has been said, with almost no resources to their name, leave prison, fall through the net and end up on the streets.
Mrs Flick Drummond (Portsmouth South) (Con)
I am pleased to support the clause, which will require public authorities to notify a local housing authority of people they think are or may be homeless or at risk of becoming so. Many vulnerable people do not know where to turn to. The clause makes it clear that there is a duty to refer on all public services, and it allows local authorities to innovate and create a workable solution.
In Portsmouth, the local council works closely with local charities such as the Roberts Centre, which works closely with vulnerable families to put them on the right track by helping them to budget, to learn how to keep a home and to pay rent. I want to raise awareness also of the Hampshire and Isle of Wight Community Rehabilitation Company, which identifies service personnel in the court system and assigns them a caseworker. The caseworker follows them through the process and through prison and is there at the gate when they come out to look after them, including by organising accommodation, which, as my hon. Friend the Member for Harrow East said, is a big issue for offenders. Perhaps the Prison Service can learn from that project. We hope to see it throughout the country, because it is working incredibly well in Hampshire and the Isle of Wight. Those are examples of why we should not over-prescribe. I hope good practice such as that will be shared throughout the country.
Helen Hayes (Dulwich and West Norwood) (Lab)
It is a pleasure to serve under your chairmanship again, Mr Chope. May I extend my best wishes to you and to the rest of the Committee for 2017?
I welcome the clause and the duty that it places on anyone working at the frontline in the public sector to take account of the risk of homelessness and to behave responsibly in order that people who are at risk of homelessness can get access to the support that they need. However, I want to flag some complexity in relation to the implementation of parts of the clause, and to make a plea for the Minister to consider additional guidance when the Bill becomes an Act.
The complexity arises in particular in relation to proposed new section 213B of the Housing Act 1996. Subsection (3)(b) states:
“If the person…identifies a local housing authority in England to which the person would like the notification to be made”.
In my experience, there is a lot of complexity around the question of which housing authority should pick up the responsibility for people who are at risk of homelessness. I want to flag just three examples of where I have known that to be the case and where there is some concern.
The first example involves people of no fixed abode who have a mental health crisis and find themselves being held under the Mental Health Act 1983, and who are taken to a place of safety. In my area of London, the place-of-safety provision for five boroughs is being consolidated on to a single premises in the London Borough of Southwark. The health authority involved has worked with the local authorities on protocols for discharge, but there is great concern that, under the clause, someone who has reached crisis point and been admitted to hospital but who has no local authority that has clear housing responsibility for them may be discharged again and again into the same local authority. That local authority already has very significant housing pressure on it. Guidance and protocols need to be put in place so that the additional burden of people with very high levels of need does not fall automatically on one local authority. There should be a firm responsibility on other local authorities to help out in those circumstances. That is worthy of further consideration.
The second issue relates to ex-offenders, who have been discussed. People in prison often lose their tenancy or home. They may also lose connection with friends and family as a consequence of their incarceration. People who are released from prison often use their £40 to buy a train ticket—that train ticket is often to a place a long way from London. I know from work that I have done in the past that coastal towns, for example, often have very high concentrations of ex-offenders living in a very small area. There is no necessary reason why an area should have to pick up responsibility for high numbers of ex-offenders simply because the cost of private housing there is low.
My main concern is that that outcome is not necessarily in the interest of getting those ex-offenders back on track and enabling them to make a fresh start. Advice on the protocols that should apply to the housing authorities that should pick up responsibility for ex-offenders on release from prison would be welcome and helpful. It would help to achieve the kind of outcomes that we want as a consequence of introducing the clause.
My final point concerns a situation I have seen time and again as a local councillor and Member of Parliament: a dispute between local authorities over which should take responsibility for somebody—it might be somebody whose last permanent address was in one local authority but they have been sofa-surfing with family members for a time in another. The family might have broken up. The resident might be arguing that they need to be a distance from where they used to live due to domestic violence or other reasons.
Whatever the reason, there is a dispute between local authorities over which should take responsibility and it is the individual who ends up suffering and falling between the cracks. The clause would provide too much scope for those poor outcomes that either place undue pressure on local authorities that are already under great pressure, or it could mean that individuals are not easily able to access the support they need. There is too much scope for that if the clause is left as it is without further additional guidance on the protocols that need to apply in practice. I ask the Minister to take that into account in his response and to pick it up as the Bill progresses.
Michael Tomlinson
It is a pleasure to serve under your chairmanship once again, Mr Chope, for the first time in 2017. I welcome the clause and support it as drafted. I believe there is an opportunity to rise to the good practice that appears in Westminster and elsewhere and raise the standard across the whole country. We all like to think there is good practice in our areas. I have three local authorities in my constituency: Purbeck East, Dorset and Poole, and Dorset County Council. I strongly believe the duty to refer will encourage other authorities to follow suit.
I agree with the hon. Member for Westminster North that the duty to refer is not the complete answer. That is absolutely right. It is not the complete answer but it is a good step along the way and will help to show what proper good practice should be.
Every hon. Member who has spoken so far has mentioned prisons. Perhaps that shows the important link between release from prison and the streets. It is no different on the streets of Poole, Bournemouth and Dorset from in Westminster, London and elsewhere.
My hon. Friend the Member for Portsmouth South mentioned what is happening in Hampshire and the Isle of Wight. The Footprints Project operates in Dorset, Hampshire and Somerset. It is a charitable organisation that helps ex-offenders in a through-the-gate service, offering mentoring and help to get into work.
I believe the clause provides an opportunity to work with local authorities and charitable organisations. Charities are already performing good works in preventing reoffending and trying to get people on the straight and narrow. There is a great opportunity for local authorities to work more closely together. I was heartened to hear my hon. Friend the Member for Harrow East speak of local authorities choosing to outsource some of those services and work closely alongside charitable organisations that are doing a good job, which can only be a good thing.
Hospitals have not been mentioned as much as prisons. I will return to what will be in the regulations in due course, but we all hate the term “bed blocking”. It is a completely inappropriate term for unfortunate people who find themselves in hospital through no fault of their own and have nowhere to go. I strongly believe that the duty to refer will help in that regard. Perhaps the Committee could come up with a better phrase for “bed blocking” because it is very distasteful indeed. I strongly believe that the clause, with a duty to refer and co-operate with hospitals, other organisations and local authorities, will help in that regard.
Mr Jones
The Government welcome the clause, which is commonly referred to as the duty to refer. We believe it will help to extend the good practice that already exists in many local areas across England. In those areas, public services are already working with local housing authority teams to identify as part of their normal daily work households that are at risk of homelessness or who are currently homeless. The measure will ensure that this good practice becomes a legal duty, so that all local housing authorities can intervene much earlier and have more time to work with those at risk.
In addition, the clause is important in helping to raise awareness that there are many varied and sometimes complex reasons behind a person’s homelessness. We believe a person’s housing situation should be considered when they come into contact with those wider public services. The measure will help to achieve that. English public authorities exercising functions in relation to an individual will have a duty to notify a local housing authority if they think that person may be homeless or at risk of becoming homeless. The public authority must have consent from the individual before referring them and allow the individual to choose which local housing authority they are referred to.
The hon. Members for Westminster North and for Dulwich and West Norwood made a point about which local authority the person will be referred to. The public authority must ask a person for their consent. That person will then identify the local authority to which they want to be referred. That mirrors the judgment that an applicant would make in other circumstances when applying for help independently. It avoids, for example, public authorities having to make a judgment with someone in hospital A&E about where their local connection is, which could be complex and difficult to achieve. Effectively, the normal local rules on local connection will apply once an individual has applied to that particular housing authority.
Ms Buck
Can the Minister give us a worked example? If someone is in hospital or has come out of prison and choses to nominate an authority where they have a family member or a personal connection but where they had not recently lived, would the referring authority be under an obligation to establish whether that was an appropriate referral? Is there not a risk that, if the authority does not refer, the person could end up putting themselves into a lengthy and difficult process of applying to a local authority that will have no duty to them?
Mr Jones
It is sensible to have a system that mirrors the current system. It is clear that it is up to the individual to present at a particular authority, at which point the authority will confirm whether there is a local connection. The hon. Lady gave examples of particular organisations such as prisons or hospitals. If we made them try to interpret and second-guess the rules, we would be layering in significant complexity and risk that they may get that judgment wrong. An individual’s decision may be overridden by the advice they get from that public body, which certainly would not be expert in housing law and local authority housing matters.
The Government will set out in regulations which public authorities will be subject to the duty. In response to my hon. Friend the Member for Mid Dorset and North Poole, the list is likely to be wide-ranging and include service providers such as GPs, schools and the police. As I mentioned GPs, I will pick up on the concerns expressed by the hon. Member for Westminster North around GP referrals. I agree that more work needs to be done on how various agencies, and not just GPs, work together. The advantage of the duty is that people at risk of homelessness will become known to housing authorities earlier, providing more time for the necessary work to assess and address the needs, including work between public services.
Ms Buck
Will the Minister assure me that no agency—obviously GPs have the greatest risk of this occurring—will be allowed to charge for any letter? Will he clarify the difference between a referral and a letter that provides support or additional medical information that the person at risk of homelessness may wish to take with them to a local authority?
Mr Jones
The organisation involved will have a duty to refer somebody who is either homeless or at risk of becoming homeless to a local housing authority. I say to the hon. Lady that it is a process to refer somebody, and not necessarily a process to set out verbatim somebody’s circumstances. The thinking behind the measure is that referring somebody to the local housing authority will mean that they get the help they need, particularly given the other measures in the Bill that will ensure that councils provide more assistance to people than they currently do. The measure is an important step in ensuring that that referral process takes place. It currently takes place in some areas, but it does not take place in many. She has highlighted some of the challenges.
In my experience, GPs’ letters to constituents are often not about referring somebody to a housing authority, but about making a case why an individual needs a bigger home or has special needs, or why they are in priority need rather than not. I am not dismissing the issue that the hon. Lady raised—it is extremely important and pertinent in the wider sense—but there is a difference between a duty to refer and somebody seeking assistance in explaining that they have special circumstances. In the course of the work I undertake, particularly on the ministerial working group, we could certainly look at how that works and see how things can be improved.
We also hope that the measure will encourage all those involved in the process to build stronger relationships based on local needs and circumstances in order to produce the best outcomes possible. Service partners should decide how this will work in each local area because they are best placed to decide what working relationship they should have and what it should look like. In the longer term, we expect the duty to refer to help change the culture necessary to deliver earlier prevention of homelessness.
Local authorities such as our homelessness prevention trailblazer early adopters—Newcastle, Southwark and Greater Manchester—have very good relations with wider public services. To pick up the good point that my hon. Friend the Member for Mid Dorset and North Poole made about charities working with local authorities on preventing homelessness, he will be glad to know that, within the bids for prevention trailblazers, a number of local authority areas are working with charities, church organisations and so on to supplement the work they do in preventing homelessness.
Southwark in London and Trafford in Greater Manchester, for example, have protocols set up with local hospitals in the form of release agreements. The protocols mean that the local housing authority is notified when a patient who is homeless or threatened with homelessness is getting ready for discharge. It is always important to point out that, in such an initial situation, it is in the local authority’s interest to act at that point rather than pick up a more difficult situation further down the track. That is the type of culture change to which the measure will lead. Early notification allows local housing authorities more time to put plans in place with the aim of avoiding people becoming homeless and the additional costs I mentioned. We would certainly like public services throughout England to use the initial contact created by the duty to refer to develop further relationships.
A number of colleagues mentioned co-operation with the criminal justice system—my hon. Friends the Members for Colchester and for Harrow East mentioned it, as did the hon. Member for Westminster North on the Opposition Front Bench. Co-operation with the criminal justice service is obviously extremely important. We recently published the prison reform White Paper, which provides far more freedom for prison governors to provide training on housing, managing money and other skills that people may need when they leave prison. It is extremely important in this context that we do everything we can to ensure that people coming out of prison are in a far better position in terms of their housing. We all know that housing issues are one of the major drivers that lead people, and particularly those who have been on very short-term sentences, on to a path back into prison after a short time.
Mr Jones
I beg to move amendment 13, in clause 11, page 17, line 20, at end insert—
‘(3A) The Secretary of State may issue a code of practice under this section only in accordance with subsections (3B) and (3C).
(3B) Before issuing the code of practice, the Secretary of State must lay a draft of the code before Parliament.
(3C) If—
(a) the Secretary of State lays a draft of the code before Parliament, and
(b) no negative resolution is made within the 40-day period,
the Secretary of State may issue the code in the form of the draft.
(3D) For the purposes of subsection (3C)—
(a) a “negative resolution” means a resolution of either House of Parliament not to approve the draft of the code, and
(b) “the 40-day period” means the period of 40 days beginning with the day on which the draft of the code is laid before Parliament (or, if it is not laid before each House of Parliament on the same day, the later of the two days on which it is laid).
(3E) In calculating the 40-day period, no account is to be taken of any period during which—
(a) Parliament is dissolved or prorogued, or
(b) both Houses are adjourned for more than four days.”
This amendment provides that a code of practice under new section 214A of the Housing Act 1996 inserted by clause 11 must be laid before Parliament before being issued and that the code may not be issued if either House of Parliament resolves not to approve the code within the period of 40 days from the day it is laid.
The Chair
With this it will be convenient to discuss Government amendment 14, in clause 11, page 17, line 24, at end insert—
‘( ) Subsections (3A) to (3C) do not apply to the reissue of a code of practice under this section.”
This amendment clarifies that the procedure for issuing a code of practice inserted by amendment 13 does not apply to the reissue of a code.
Mr Jones
I recognise that my hon. Friend the Member for Harrow East and other Members will wish to see and consider draft codes of practice before they are introduced. That is why I have tabled amendments 13 and 14, which require that a draft code of practice be subject to the negative procedure. Amendment 13 provides for that procedure to apply. Amendment 14 clarifies that the procedure for issuing a code of practice that amendment 13 inserts does not apply to reissuing a code. I hope that the Committee will accept both amendments.
Mr David Burrowes (Enfield, Southgate) (Con)
We are talking about the implementation of what we all want to achieve. The codes of practice are obviously important and the amendments set out that the statutory instrument will be subject to the negative procedure.
It is important to reflect on the concerns expressed in the Communities and Local Government Committee. For example, the London Borough of Wandsworth is concerned about the codes of practice being so woolly as to be meaningless or being so prescriptive as to be unworkable. We need to ensure the codes of practice are the focused tools that we want them to be and are based on collaboration and co-operation, so that they are not seen simply to impose a diktat or central command.
As we know, once a statutory instrument is before Parliament, particularly with the negative procedure, there is very little we can do to scrutinise it. Indeed, at an earlier stage, during the formal processes of consultation that will take place and eventually lead to the instrument’s being laid before Parliament, it will probably be too late, in many ways, to achieve the co-operation and collaboration that local authorities have suggested.
Shelter raised in the Select Committee the need for proper co-operation. Indeed, Salford has suggested a co-production and oversight of codes of practice, which I suggest should happen way before the formal process under amendments 13 and 14 and the formal consultation process that normally applies to statutory instruments. Will the Minister assure us that there will be the collaboration and consensus we see in the Welsh example, which we often pray in aid? The point is that it was a cultural change as much as an administrative one. That cultural change was about a consensual and collaborative approach that we have seen in this Committee and during the passage of the Bill. I pay tribute to my hon. Friend the Member for Harrow East for the way he has enabled that to happen. It is important that that continues into the implementation, not least of these very important tools, the codes of practice.
I seek assurance from the Minister that that approach is part of the process set out in amendments 13 and 14, because plainly when the statutory instrument comes before Parliament we might ask questions about co-operation and consultation but it will be too late. I look forward to the Minister’s response. Perhaps he could also tell us whether the assurance on compliance will form part of the statutory instruments. It is one thing to get a code of practice out there but another to ensure appropriate monitoring of local authorities that are not complying, with consequences for inaction.
Ms Buck
I want to reinforce those points. The code of practice is important as something to which local authorities can properly refer. We know from the Select Committee report that when housing charities undertook mystery shopping in local authorities they found extraordinary variation in practice.
We know there is very good practice and that local authorities are working under extraordinary stress, with staff on the frontline invariably seeking to do their best. At the same time, under the sheer scale of housing pressure, especially in high needs areas, hon. Members will know from their own experience with homeless households and the charities’ work on mystery shopping that there are also examples of very poor practice.
Individuals have told me, quite plausibly, some of the things they have been told in a harsh gatekeeping environment. They have been told that if they make a homelessness application they will be sent to another local authority, sent out of London or, in some cases, have their children taken into care. They have been told that it would be better for them not to make a homelessness application because it would be easier to house them outside the legislation, even though that is not what they want. We know there are examples of such poor practice.
I know that local authorities are anxious to ensure that a code of practice is of use. None the less, it is important that we have an opportunity to scrutinise that code of practice and are able to satisfy ourselves that it will be valuable, sharp and focused. I hope the Minister will be able to give us that assurance.
Bob Blackman
I welcome the Minister’s amendments. When we come to discuss the codes of practice in full I will have much more to say. The key point is that any proposed code of practice will be subject, I trust, to full consultation with all public bodies before being laid before Parliament. It will then be subject to negative procedure, which means that Members of Parliament will be able to scrutinise the final outcome of the deliberations following that consultation. That will allow us to implement the code.
As the hon. Member for Westminster North and my hon. Friend the Member for Enfield, Southgate pointed out, local authorities will want to have their say and ensure that the codes of practice are clear, not woolly or over-prescriptive. We will then be in a position to get the results we desire rather than implementing something that will not work.
The other point is that the provision does not apply to the reissue of any codes. If the Minister or the Secretary of State believes that things are not working, action can be taken more quickly, which is to be welcomed. I welcome the amendments and trust that we can agree to them.
Mr Jones
Hon. Members have made very good points. We all believe that the Bill is a good tool for enabling culture change, and that it will drive different thinking and different behaviour among local authorities. We have heard from the various charities that have done mystery shopper exercises. The Bill has been driven by a concern about the need for more consistency in how the current legislation and statutory guidance are implemented locally and how assistance is received by people who go to a local authority for it.
The clause is very much a process whereby we will enable further parliamentary scrutiny of the decisions that the Secretary of State will make on creating and bringing into force codes of practice. There is obviously the issue of reissuing guidance, or reissuing under the code of practice things that are already dealt with in guidance. As my hon. Friend the Member for Harrow East said, that will sometimes need to be done quickly and, therefore, the procedure will not apply. If we see that local authorities are not responding properly to the guidance that is currently issued, we will be able to beef up our approach quickly if necessary.
Mr Betts
The Minister’s proposal is very welcome. Thinking off the top of my head, almost, I am wondering whether, given that we have been setting precedents in our approach to this legislation and subject, there might be a role for the Select Committee to have a brief hearing on the draft code of practice to consider whether it really does deal with the problems that the Committee has identified.
Mr Jones
That is certainly an innovative suggestion, which I would need to take away and think about further. However, I see where the hon. Gentleman is coming from. I accept that we have dealt with the Bill very much in the spirit of co-operation, as we want to get the right outcome for the people we all represent. I have heard what the hon. Gentleman said, and I will take it into account.
On other codes of practice that may stem from the changes made by the Bill and other statutory guidance that is issued, it is extremely important that we enable parliamentary colleagues to be consulted on measures in the code of guidance. Although the measures will not be voted on as such, there will be a procedure whereby Members can bring a debate to the House and potentially pray against any code of guidance that they did not think was right. However, given the spirit in which we have approached this matter, rather than taking safeguards away, in most cases we would look to add further safeguards to help people. I therefore hope hon. Members are reassured that this is a positive tool with which we can enhance the situation for the people that we are trying to help through the Bill.
Amendment 13 agreed to.
Amendment made: 14, in clause 11, page 17, line 24, at end insert—
“( ) Subsections (3A) to (3C) do not apply to the reissue of a code of practice under this section.” —(Mr Marcus Jones.)
This amendment clarifies that the procedure for issuing a code of practice inserted by amendment 13 does not apply to the reissue of a code.
Bob Blackman
I support clause 11, which will allow the Secretary of State to introduce statutory codes of practice that provide guidance on how local authorities should deliver their duties relating to homelessness and homelessness prevention. When the Communities and Local Government Committee investigated homelessness, we heard repeatedly that the quality of service provided to non-vulnerable households, if a service is provided at all, is completely inconsistent across the board. It is a complete postcode lottery.
Clearly, the Bill’s intention is to change not only the law but the culture of local authorities. In the Select Committee’s evidence sessions and in private hearings that I attended in preparation for the Bill, I heard about individuals repeatedly meeting dismissive and discriminatory treatment when seeking support for their housing needs. Members who had the chance to have a look at that video before Christmas will remember that it demonstrates that this is a wide-ranging problem across a number of local authorities. The Select Committee has called for a code of practice that
“outlines clearly the levels of service that local authorities must provide and encourages regular training of staff to ensure a sympathetic and sensitive service. Services should put users first with a compassionate approach that gives individuals an element of choice and autonomy.”
It is important that we do not stifle local authorities that are coming up with innovative schemes. I would be the last person to want to prevent such schemes, but I do not believe that this measure will do that. I am keen to ensure that services are compassionate, fair and open and work well with other services. I believe that codes of practice will effectively give the Government a stick, so that they can impose prescriptive measures on local authorities that are not acting in the spirit of the Bill. That will help with improving standards and sharing best practice across the country, which is what we all want. Everyone should experience the best standard of help rather than the minimum.
I have seen elements of good practice throughout the country that we do not want to stifle. Equally, Government and Opposition Members will have seen local authorities that failed to help people who are homeless through no fault of their own. Under clause 11, the codes of practice—there may be more than one—will not come into operation on the day on which the Act is passed, but guidance will be issued with a statutory basis, so that local authorities know what they are supposed to do.
We already know that many local authorities are currently ignoring some of their legal responsibilities. Ensuring that clause 11 stands part of the Bill will mean that local authorities are put on notice that if they come up to the standard of the best, the Secretary of State will not need to take any action, but that if they fail to do that, a code of practice could follow quite quickly, to force them to do what we all want them to do.
This legislation comes 40 years after the previous legislation that dealt with these problems. We do not get the chance to change legislation very often, so I am very keen on this provision, because we should not have to wait another 40 years. We have a hook that gives the Secretary of State an opportunity to introduce and change codes of practice, so that we can ensure that best practice is shared and that local authorities come up to the standard of the best.
The measure plays an important role not only in ensuring that, after the Bill becomes law, local authorities will change their culture and way of operation, but in giving us an opportunity as Members of Parliament to make sure that the Secretary of State, whoever he or she may be, can introduce further measures to ensure that the best standards are implemented right across the board.
Ms Buck
As I indicated in responding to the Minister’s amendments, I, too, welcome this approach. I very much want to see a culture change in local authorities. The examples of gatekeeping that I referred to were applied to people in priority need. These are people who really should be navigated through the system because they have children, have disabilities, are elderly or have severe health problems. Even in those circumstances there are examples of gatekeeping that is so harsh that those people are effectively turned away or deterred from making an application.
On non-priority groups—the type of groups for which the Bill is particularly keen to see some form of service provided—we know that even some best practice involves little more than giving somebody a list of telephone numbers and telling them that they may be able to access accommodation in a hostel. My own local authority has a bundle of papers that runs to 40 or 50-plus pages of phone numbers. I have spent some afternoons doing my own mystery shopping, sitting and ringing the phone numbers, trying to find out whether they exist or will take people on benefits and so forth. I find, almost invariably, that someone will spend hours, and a lot of money, on a telephone, not being able to get through. We absolutely know that the gatekeeping process is very harsh, and sometimes even worse, because of the nature of the experience that an individual will have when they are in a housing option service. Local authorities need to work within statutory guidance and do not always do that.
The critical point for me is accountability. We need to have a form of measuring what local authorities are doing and a way to hold them to account. That should not be excessively bureaucratic—we do not want to add too much to the monitoring workload of already very stressed local authorities—but we cannot measure the success of the code of practice and the way that the cultural element of the Bill is working just through another mystery shopper operation later and by anecdotal evidence from charities or from our own casework.
At the absolute minimum, local authorities should provide a written statement of the advice and options that they give to everybody in non-priority need, which those people could then take away to whatever advocacy and representation they can access in this post-Legal Aid, Sentencing and Punishment of Offenders Act 2012 world—some of it is still there—and which would demonstrate to that outside organisation, whether it is a councillor, a Member of Parliament or a charity, what the local authority has said is available and the advice that the local authority has given to that person. That would not be a set of actions that they have to take, but a summary of what the local authority is going to be able to do.
I do not know whether the Minister will commit to that, but we need a means of holding local authority performance to account, in a simple and consistent way that applies to Wandsworth, Hull, Blackpool and everywhere in the country. If we do not have that, further down the line we will find that there is good practice and some cultural change on the back of the Bill, but if all the other pressures continue to mount—we know further cuts in housing benefit are coming down the line, there is a pressure on affordability and a continuing crisis in housing supply—we will find that, despite the best efforts, we end up with a number of very vulnerable individuals still not receiving consistent advice. There will be a need for the code of practice further down the line, but ideally we do not want to have that. We want to make sure that the Bill’s provisions are implemented from day one. We need to know how we can measure that and hold local authorities to account.
The Minister mentioned earlier that where there were examples of local authorities not employing best practice, he would “beef up” his response. I am not quite sure what beef up means in this context. It would be helpful to turn that into something in language that we can understand and monitor. Will the Minister tell us a little bit more about what will happen to local authorities if they are judged as such down the line—as I think some will be, even if the best of all outcomes is achieved—and what he will do to those authorities to make sure that best practice is adhered to?
Michelle Donelan (Chippenham) (Con)
I rise to support clause 11. As discussed, it seeks to create a basic standard in the form of a code of practice. That will ensure that local housing authorities have guidance on how to deliver homelessness prevention functions. The guidance will offer councils a reference to check against, to ensure that the level of service offered is equal to the best currently seen in the UK.
The clause speaks to the essence of what we have been talking about over the last few weeks. Up and down the country, services are being provided at a different level. Those people who are deemed vulnerable but not in priority need are often those who fall between the gaps and do not receive the service that they should. We have all agreed on that, which is why the clause is so important: it seeks to ensure that those people receive the best service throughout the UK, and indeed, to end the existing postcode lottery.
In many ways, the clause is not only about improving and equalising services, but about giving local housing authorities more guidance and steering—although it will not replace the existing code of guidance. It will enable the Secretary of State and all of us to raise the standards of homelessness support services across the country, so that the minimum level of service—equal to what is currently the best—is delivered. That minimum level will be one of the Bill’s supreme achievements.
Helen Hayes
I, too, support the introduction of a code of practice. Does the hon. Lady agree that the capacity of local authorities to implement good practice depends not only on a code of practice, but on the resourcing they need to deliver a meaningful service? If so, does she therefore, with me, await with eager anticipation the Government’s committing to properly resourcing local authorities to implement meaningful support for homeless people?
Michelle Donelan
The entirety of the Bill depends on resource, which is why it is crucial that the Government have already dedicated and allocated funds to it. It is important to remember that some councils are currently offering this level of service; if one council can do it, surely it is only right that every council should do it. It is also wrong that a postcode lottery exists in the UK, and that taxpayers paying the same tax throughout the country experience a different level of service from one another.
It is also crucial to consult and work with stakeholders to develop the code of practice. The clause seeks to equalise standards, as well as to ensure joined-up and collaborative working, and I therefore support it.
Mr Jones
The Government support the clause and welcome the opportunity to ensure that the quality of homelessness prevention and relief support that people can access is improved across the country. We know that local circumstances differ, and therefore that local solutions and approaches will sometimes differ, but we want to make sure that service provision is fairer for everyone.
We believe that this approach, if and where required, will allow us to give local housing authorities greater clarity, alongside targeted guidance, to spread best practice and raise overall standards. That will sit well alongside the work the Government have already put in place to raise standards in local authority homelessness services—for example, with the launch of the Homelessness Prevention Trailblazers programme, which will share £20 million of funding in areas across the country that are best able to innovate and deliver a significant shift towards greater preventive activity.
The aim is to help encourage innovation and drive the cultural change that we want, putting prevention at the core of activity and building on the work of the best local authorities. We will work with local authorities to keep practice and standards across local authorities in England under review, and to identify strong examples of best practice. When deciding where a code of practice is required, we will look at evidence on whether local authorities are raising service standards via other non-legislative means. Where it is clear that, despite all other endeavours, standards have not been raised to an acceptable level, we will consider whether further improvements can be driven through such a code.
Bob Blackman
Under the clause local authorities, under their part 7 functions relating to homelessness and prevention of homelessness, have a duty that requires the housing authority to be satisfied that accommodation provided by them is suitable for the applicant and his or her household, or that private rented accommodation that they secure or assist with securing is suitable. In considering suitability, authorities must by law consider whether the accommodation is affordable for the applicant, as well as whether its size, condition, accessibility and location are suitable. In addition to those factors, when securing accommodation in the private rented sector for those in priority need under the main homelessness duty, suitability requires that local authorities check a number of other things relating to the safety, physical condition and management of the property.
The measure extends the requirement and means that local housing authorities will be required to carry out those additional checks when they secure accommodation for vulnerable persons in the private rented sector under the prevention and relief duties in the Bill. That means that a number of vulnerable people will be assisted in a way that they are not at the moment. By “vulnerable” we mean as a result of old age, mental illness, handicap or other special reason, or someone with whom such a person resides or might reasonably be expected to reside.
The measure broadens the scope quite considerably and the additional checks and requirements are set out in article 3 of the Homelessness (Suitability of Accommodation) (England) Order 2012, which we have referred to in previous meetings of this Committee. Many of those are already legal requirements. They include, for example, whether there is a valid energy performance certificate; whether adequate precautions have been taken to guard against carbon monoxide poisoning; and whether the landlord is a fit and proper person to act in the capacity of landlord. The landlord will need to provide the local housing authority with a written tenancy agreement that the local housing authority considers to be adequate.
A key objective of the Bill is to increase the effectiveness of local authority prevention and relief efforts. The private rented sector will inevitably play a key part in delivering that and enabling local authorities to fulfil their duties. The Bill will ensure that where property is for vulnerable people, it is in good condition and managed properly.
Clearly, there is an issue with checks being made of all households. That would require a significant additional burden on local authorities. Many tenants are capable of carrying out those inquiries themselves. We do not want to be in a position where individuals find a property, have it allocated to them and then find it is not suitable. One issue that has to be resolved in guidance is how that process works. As the hon. Member for Westminster North pointed out, many people already find private rented accommodation for themselves without local authorities carrying out any checks on their behalf. That is a concern in many parts of London in particular.
A range of protections exist for those in the private rented sector. For example, local authorities have strong powers to deal with health and safety hazards through the housing health and safety rating system. Requirements for smoke and carbon monoxide alarms have been introduced relatively recently. The Government are taking action against rogue landlords, including through a range of measures included in the Housing and Planning Act 2016. That strong framework already provides protection for all tenants in the private rented sector, and not only those allocated by a local authority.
The approach in the clause is therefore a proportionate one that provides additional protection where it is most needed for those who are vulnerable, and imposes new duties on local authorities to ensure not only that they provide help and assistance and an offer of accommodation, but that the accommodation for vulnerable people is both suitable and safe.
Ms Buck
Obviously, any steps towards ensuring that properties in which particularly vulnerable people reside are fit and proper are to be welcomed. The clause amends article 3 of the Homelessness (Suitability of Accommodation) (England) Order 2012, on circumstances in which accommodation is not to be regarded as suitable for a person. When a local housing authority is securing accommodation under the Bill’s new duties whether for a homeless household or to prevent homelessness, the accommodation must meet the same requirements for suitability as private rented sector offers made under a discharge of duty under the Housing Act 1996.
We know very well that, as the private sector has extended significantly, a minority, but a catastrophic minority, of private sector provision is deeply substandard. Indeed, that is one reason why the Government have introduced measures to tackle rogue landlords. Such provision is partly because of the rogue behaviour of landlords who are not fit and proper persons, and partly because of accidental landlords who are not able to manage their property as well as we would like. As a consequence, many people are living in accommodation that is well below what we require to be decent.
One reason that I introduced my private Member’s Bill last year—I was not as fortunate as the hon. Member for Harrow East—was to ensure that individuals can seek legal redress if a property is not regarded as fit for human habitation. As he said, local authorities can intervene using the powers available to them under the housing health and safety rating system, but practice is highly varied between local authorities, which in a way mirrors the discussions we have had about homelessness legislation. That is partly driven by the lack of resources for local authorities, but in some cases it is cultural change.
As an underpinning for the legislation, it would be very helpful if the Government collected information on what local authorities are doing under the housing health and safety rating system, so that we have a better and clearer idea of where substandard accommodation is being investigated and what action local authorities are taking. At the moment, that information does not exist and the only way in which we can collect it is through a freedom of information request, such as I have done.
Those are all relevant issues, but the central issue as far as the clause is concerned is that its scope—it applies to vulnerable individuals set out under the priority needs group—means that the same standards do not apply to either pregnant women or women with children. It therefore simply does not cover everyone who falls within the category of priority needs. The effect is that pregnant women and children could be offered private rented accommodation under the prevention and relief duties without checks necessarily having to be made as to whether the landlord has convictions for violent or sexual offences, or whether the accommodation is safe from serious hazards and is being let in a professional manner.
I am sure that will be done in many cases, and certainly when a local authority is acting properly and investigating the accommodation for which it is making provision, but it does not have to be done. I am afraid that, again, given the extreme pressure on local authority resources, in some cases it simply will not be done.
The Opposition are concerned that that could place pregnant women and children at a serious risk of harm. We know that 28% of private rentals fail the decent homes standard and that one in seven contains a category one hazard under the housing health and safety rating system. I am sure all members of the Committee will have experienced cases in which individuals have found themselves accommodation that is seriously substandard. We need to ensure that there is a proper legislative framework to ensure that that does not happen. In the past few weeks alone, I have had to take a case in which a nine-month pregnant woman was left sharing a hotel bedroom with two young siblings, and another in which a mother of premature triplets with lung disorders was moved to a second property by a local authority that was plagued by damp and mould. We know that that is a real and current problem.
The pressure on accommodation, whether for discharge of duty, temporary accommodation or prevention, is so acute in high-stress areas such as London, the seaside towns and others, and the capacity to inspect and maintain such housing is so variable and so under-resourced that, without this robust legal protection, we are worried that children and pregnant women will be left at risk. The key question for the Minister to answer is: why have those two categories been left out of provision in the Bill? Will he undertake to introduce an amendment on Report to ensure that they are not excluded?
Ordered, That the debate be now adjourned.— (Mr Burrowes.)
Homelessness Reduction Bill (Sixth sitting)
Wednesday 18th January 2017
(7 years, 3 months ago)
Public Bill CommitteesRead Full debate Homelessness Reduction Act 2017 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 18 January 2017 - (18 Jan 2017)
David Mackintosh (Northampton South) (Con)
During my time as a council leader, the Government introduced a number of measures aimed at combating rogue landlords. We have heard real horror stories of how some private landlords are behaving, so those measures were welcome and, in my view, long overdue. That minority of rogue landlords gave the whole industry cause for concern, but the changes mean that local authorities now have experience in and knowledge about dealing with them. Further changes introduced in the Housing and Planning Act 2016 will also help.
That experience will be really important in relation to the clause, because the new prevention and relief duties mean that we are helping to house more people in the private rented sector, and they may be vulnerable. Local authorities will already be checking the suitability of accommodation for those deemed to be in priority need under existing legislation. However, as more people are brought into that classification, it is right to ensure that additional protections apply to people deemed vulnerable, so that we can safeguard them against rogue landlords or unsuitable accommodation.
I am pleased that the provisions are clear about, for example, the need for the property to have fire safety precautions, a gas safety certificate, compliance with electrical safety regulations and precautions against carbon monoxide poisoning. Those are all things we would want in our own homes, and it is right that we seek the same protections for vulnerable people who are going through a difficult time in their lives. I welcome the inclusion of those protections.
Michael Tomlinson (Mid Dorset and North Poole) (Con)
It is a pleasure to serve under your chairmanship, Mr Chope, for what we hope is the final day of consideration of the Bill in Committee. I, too, rise to support this important clause. My hon. Friend the Member for Northampton South picked up an aspect that I want to touch on briefly, which is carbon monoxide poisoning.
Many of us know either personally or from constituents what a deadly killer carbon monoxide can be. I know that my hon. Friend the Member for Enfield, Southgate and others are officers of the all-party parliamentary group on carbon monoxide, and there are a number of similar groups. This issue highlights the importance of ensuring that there are additional protections against rogue landlords.
It is right to say that the Government have already made large steps in that direction, but inserting this provision into article 3 of the Homelessness (Suitability of Accommodation) (England) Order 2012 will strengthen those protections further. I welcome the other measures in the clause, but the carbon monoxide poisoning provision is particularly worth dwelling on.
Will Quince (Colchester) (Con)
It is a pleasure to serve under your chairmanship, Mr Chope. Like my hon. Friend the Member for Northampton South, I used to be a councillor. I recall numerous cases—I am sure we all can, as Members of Parliament—of constituents coming to me about rogue landlords in the private rented sector, where there is a local housing allowance relationship. Part of the problem is that the vast majority of landlords are very good. Rogue landlords—I do not particularly like that term—are a small few, and they give most landlords, who are very good, a bad name. Nevertheless, we have to protect people from those few.
I would rather the legislation went much further. I would like to see local authorities making checks on all the properties they let out, but that would be extremely onerous on local councils and would undermine the premise that the vast majority of people are capable of making those checks themselves and determining whether a property has the necessary gas safety certificate, carbon monoxide detection equipment, smoke alarms and the other things we have come to expect, whether we are renting or own our own properties.
Michael Tomlinson
Does my hon. Friend agree that this is a balancing act? As he says, there are many good landlords out there, but there are a few for whom I believe “rogue landlord” is the right expression. However, in this clause, as in others, it is a matter of getting the balance right, so that we have sufficient landlords—without them there would be no property to rent—but with sufficient safeguards and protections to ensure that the most vulnerable are protected.
Will Quince
My hon. Friend makes a good point. As much as we would like to extend the protections to all, we have a duty to safeguard the most vulnerable—people who are not necessarily able to make those checks or to make informed decisions because of their financial position, a disability, a mental health issue or all sorts of other reasons that mean the council has an additional duty to safeguard them.
I support the clause. As much as I would like to see it go further, I am realistic about what we can achieve. Protecting the most vulnerable is what we should aim to do, and that is exactly what the clause does.
Mrs Flick Drummond (Portsmouth South) (Con)
I, too, am delighted to support the clause. It continues the Government’s work in the previous Parliament to tackle rogue landlords, such as introducing the new code of practice on the management of property in the private sector, the requirement for landlords to be a member of a redress scheme and the production of guides for tenants and local authorities.
The landlord accreditation scheme run by my local authority in Portsmouth seeks to impose both physical condition and management standards on the private rented sector, not only through the provision of encouragement, support and incentives, but by actively working with, and publicly recognising, those landlords who are willing to adhere to good property standards. The council is well supported in that by the Hampshire constabulary and fire and rescue service, Portsmouth University and, crucially, the Portsmouth & District Private Landlords’ Association.
There are some 4,000 private landlords in Portsmouth, and their association acknowledging the benefits of accreditation is of huge benefit to prospective tenants. The reassurance that a landlord has accreditation that is supported by the emergency services and two significant providers of accommodation in the city—the University and the council—is so important to tenants in my city. It is especially important when accommodating the homeless. In those situations, there is a danger that individuals and families might feel obliged to take up whatever is on offer, even if they have serious concerns about its standard of upkeep. The clause should ensure that such fears do not arise.
Responsible local authorities and landlords are already accustomed to checks to ensure quality. Does the Minister agree that the clause will complement existing work, such as that being done in Portsmouth? There is every reason to think that landlords and local authorities will welcome it.
Michelle Donelan (Chippenham) (Con)
By extending the provision to vulnerable people, and not only those in priority need, the clause goes to the heart of the Bill, which is about expanding what we do for everybody who needs the help on offer.
The checks we are talking about are important; things such as gas safety and electricity records are essential not only to people’s wellbeing but their lives. Vulnerable people would not necessarily be able to ensure that those checks had been done beforehand. Of course, a lot of people who rent in the private sector are aware of the necessary checks and are quite capable of getting them all the way through. A lot of vulnerable people will be able to do so too, but there are groups of people who cannot, and it is important that we look after their wellbeing and ensure that they are in safe accommodation.
Several hon. Members have spoken about rogue landlords and work that has already been done and work that still needs to be done. The clause must be seen in conjunction with tackling rogue landlords and not in isolation, because alone it is not sufficient. It is important to note that not all landlords are rogue landlords. They provide a great deal of service by providing housing, but we must look after those who are affected by housing that is not up to standard.
I note that many councils throughout the country are already doing these checks. Wiltshire Council, which covers my constituency, already provides checks for a number of vulnerable people. However, we need one standard across the country, and we need to ensure that, no matter where someone lives or is homeless, they get the same provision of care. That is very much what the Bill seeks to initiate.
I will touch on a point that was raised by an Opposition Member in the last sitting. Although the Bill extends the provision to include vulnerable people, not everybody who is in need, such as pregnant women, will fall into that category. There are a host of other anomalies that will slip through that gap; people who, if we sat back and thought about it, we would realise are very much in need of the extra checks on their private accommodation. I urge the Minister to think about expanding the clause. Thinking about pregnant women and other vulnerable people in my constituency, it would be harrowing for them if they were unable to get these additional checks, and it would be to the detriment of all of us working on the Bill. We need to ensure that it is inclusive and encompasses help for all.
Mr David Burrowes (Enfield, Southgate) (Con)
It is a pleasure, Mr Chope, to take part in the debate on this crucial clause on suitability. We all have experience of constituents who have been placed in unsuitable accommodation. What we need is evidence to back up what we all know about the importance of suitable housing for vulnerable households.
I want to refer briefly to the evidence commissioned by Crisis and Shelter, both of which are well placed to tackle homelessness. They undertook a 19-month study, published in 2014, looking at 128 people who had been rehoused. The evidence is very relevant because it makes an important, though perhaps obvious, point that private rented accommodation, which is now the predominant housing option available, is not suitable for everybody, particularly those who are vulnerable.
Tenants were found in properties that were in poor condition and where there had been issues with the landlord. Accommodation was cramped, unsuitable and often affected by damp, mould and insect infestation. With a lack of suitable fixtures, fittings and furniture, many tenants struggled to pay household costs, which often resulted in debt. The relevance is that the physical condition of accommodation is compounded in vulnerable households that might have multiple and complex needs. If they are placed in accommodation without suitable fixtures, fittings and furniture, leading to debt, their complex needs are compounded. I want to ask the Minister whether particular attention will be given through better practice and guidance to those vulnerable households.
Under the existing law, local housing authorities need to consider whether the accommodation is affordable for the person, as well as its size, condition and location. Are those considerations all tailored to vulnerability? The issues of affordability, size, condition and location are different for different and complex needs. On affordability, there are extra associated costs for those with complex needs, and size and location might also be important for those with mental health needs.
An example that has come to my attention recently that illustrates the point about location concerns people with addictions and in recovery. Location is relevant for an addict in recovery, for instance if their placement is in an area where drug use is prevalent or other addicts are around. That is particularly pertinent when considering suitable accommodation. Will the Minister tell us whether that factor will be taken into account? Those vulnerable individuals need to be placed in suitable accommodation to assist their recovery. It is one thing to get them off drugs, but it is another to keep them in sustained recovery. Appropriate and suitable housing is crucial to long-term recovery. The Government are due to publish soon an updated drugs strategy, and no doubt housing will be a key part for sustainable recovery. It is important that accommodation is suitable, so location must be taken into account.
Legal obligations predominantly address physical issues. My hon. Friend the Member for Colchester rightly mentioned carbon monoxide, an issue I have taken an interest in through the all-party parliamentary group. However, location also includes who is present, although I am not sure that will come under the purview of this provision. A placement could be in a licensed multiple occupation property. Will account be given to how appropriate it is to place a vulnerable household in accommodation where there might be peers who are not conducive to someone’s long-term recovery? Will it get into that kind of detail to ensure that suitability is also based on who is present in the accommodation, or who is nearby?
Ms Karen Buck (Westminster North) (Lab)
Does the hon. Gentleman recognise that Westminster has explicitly stated that it is doing that because of Government policy on cuts to the support for temporary accommodation, the benefit cap, cuts in local housing allowance and a range of other measures? It is not an accidental development; it is the result of deliberate Government policy.
Mr Burrowes
I hear the hon. Lady’s point, and that is what the local authorities pray in aid as the reason they are obliged to do as they are doing. Nevertheless, they have duties and legal responsibilities. That is why I am interested in how far the Bill and the measures on vulnerable households will bite and oblige local authorities to look at the matter more seriously, rather than under the banner of “We are pressurised and do not have affordable accommodation”, taking the easier option of putting households in Enfield, for example, which has associated costs.
I have been talking to the Minister and to the relevant director of finance about both the local government finance settlement and this particular issue. I have also talked to the deputy Mayor of London, who I understand has been trying to bring about a more collaborative approach with directors of housing so that they cannot simply come up with the easy excuse of, “It’s just the Government’s fault.” They have legal responsibilities and should not just shunt their problems on to outer London boroughs.
We have had a debate about appropriate location and ensuring that households—particularly vulnerable households—are not moved away from supportive networks in relation to education, as well as other family and care support. How far will clause 12 ensure that Westminster housing officers deciding about vulnerable households will not place them in areas such as Enfield so easily? Yes, with suitability there is an issue of affordability, but there is also an issue of location. When there is a competing interest, which is the one that will really kick in? Can the Minister advise us on the discussions that he is having about ensuring that decisions are appropriate?
The Select Committee recommended that placing vulnerable households away from the area and their supportive networks should be not a first option but a last resort. I do not hear that it is being thought of as a last resort.
Michael Tomlinson
My hon. Friend talks about location. Article 3 of the Homelessness (Suitability of Accommodation) (England) Order 2012 is relevant. He also mentioned houses in multiple occupation. Does he see, when he talks about location—and thinking about neighbours as well—that there would be a difficulty in an extension beyond HMOs, and the licensing regime within that structure? I understand his point about the suitability of the people nearby, but does he recognise that it would be difficult under article 3 to draw provisions as widely as he suggests?
Mr Burrowes
My hon. Friend is right, but we shall probably hear later about the extent of inspections, and it may well be that when an inspection is done to make normal physical checks, an eye can be given to wider concerns that might affect vulnerable households. The multiple occupation provisions are an issue of licensing—it is a question of checking unlicensed multiple occupation premises. It is important to check that, because it is not surprising that there are extra risks in unlicensed multiple occupation premises, not least for those in recovery or with other needs. It is those unlicensed premises that need attention. The inspection regime will ensure that the current law is extended to vulnerable households and that accommodation in unlicensed houses in multiple occupation will be deemed unsuitable. That will help to ensure that vulnerable households will not be exposed to other risks.
Michael Tomlinson
As I understood the point my hon. Friend was making a few moments ago, he was seeking to draw the regime wider than HMOs, whether licensed or unlicensed. Does he not see that, as drafted, article 3 does not catch accommodation that is wider than that, and that there would be difficulty in drawing it more widely? Certainly HMOs, whether licensed or unlicensed, can be looked at, but if we go wider than that it will be very difficult to assess the suitability of accommodation under article 3 by dint of looking at the suitability of the neighbours, unless it is specifically in relation to HMOs.
Mr Burrowes
I concede that point. I am trying to encourage us to look at the wider duties in the Bill and its wider application to prevention duties that might assist. I accept my hon. Friend’s point.
This is an important clause and we want to hear from the Minister that we are making the best of what we can do here. I appreciate that we will come to implementation and costs, which must be proportionate. We want to ensure that they are not open-ended. I want to hear from the Minister that he is open to seeing how we can extend the checks to ensure that we do the best for vulnerable households and ensure that they receive suitable accommodation.
The Parliamentary Under-Secretary of State for Communities and Local Government (Mr Marcus Jones)
The Government welcome the introduction of greater protection for vulnerable persons placed in the private sector under the new homelessness prevention and relief duties. Existing legislation already requires local housing authorities to be satisfied that accommodation is suitable when exercising their part 7 functions on homelessness and the prevention of homelessness in relation to factors such as size of accommodation, affordability and accessibility. I hear what my hon. Friend said and I will certainly go into more depth on his important points. I feel under a little pressure from Conservative Members and get the impression that they have reflected on the comments of the hon. Member for Westminster North, who talked much the same language at our previous sitting.
As my hon. Friend the Member for Harrow East said, when making an offer in the private rented sector for those in priority need under the main homelessness duty, existing legislation also requires local housing authorities to make additional checks to ensure the property is in a reasonable physical condition, and is safe and well managed. The points to be considered are set out in the Homelessness (Suitability of Accommodation) (England) Order 2012. Local authorities are therefore already used to making those checks and reputable landlords should be readily able to provide the requisite documentation.
I heard the comments of my hon. Friends the Members for Colchester and for Chippenham. They are quite right to say that most landlords are extremely responsible and do the right thing by tenants, but we know that 3% of landlords are rogues and do not do the right thing by their tenants. Frankly, the Government want to drive them out of renting property, particularly to vulnerable people. We have taken significant steps to drive out those rogue landlords through the Housing and Planning Act 2016. I will not go into the detail of that Act.
Michael Tomlinson
Before the Minister moves on to what the Government are already doing, if I understood and heard him correctly, he said that they deem only 3% of landlords to be rogue landlords. Perhaps he could clarify where that evidence comes from, but if he is right, does he not agree that it is a matter of balance—of making sure that we are not punishing those landlords who are doing a perfectly good job already, and potentially deterring and putting off other people from becoming landlords and providing much-needed accommodation?
Mr Jones
My hon. Friend makes an important point. A number of studies have been done around this issue, and that is where the figure of 3% comes from. As Members of this House—I am not, personally, a residential landlord but I know other Members who are—it is easy for us not to understand the challenges of being a residential landlord. The last thing we want to do is drive residential landlords out of the market so that we have less rental property for the people who we are trying to help to access good accommodation.
Helen Hayes (Dulwich and West Norwood) (Lab)
I am concerned by the number of references Government Members have made to how small the number of rogue landlords is. The 3% refers to the definition of rogue landlords from the data that the Government have. My experience is that there are very many more landlords who, although they might not fall into that category—nevertheless, 3% is a lot of landlords—of the most unscrupulous, are not as responsible and rigorous as they might be and do not provide tenants with the right level of service. This requirement is about local authorities being able to check that repairs that should have been done, have been done and that the property is in a fit state to move in to. Consistently this morning, the comments from Government Members have undermined the nature of the problem and the extent of the challenge that my constituents face.
Mr Jones
I hear what the hon. Lady says, but my understanding of what I have heard this morning is that Government Members, including myself, are extremely concerned to make sure that people who are vulnerable have the right accommodation and are supported in accessing it. The hon. Lady was on the Housing and Planning Bill Committee in late 2015, before the Bill became an Act in 2016, so she will know that local authorities now have a real incentive to tackle rogue landlords. If that legislation leads to our identifying more rogue landlords because they are genuinely rogue, so be it. That is a good thing as far as I am concerned.
Michael Tomlinson
I do not disagree with what the hon. Member for Dulwich and West Norwood said, save for this: 3% is a relatively small number. To my mind, one rogue landlord is one rogue landlord too many—I am very happy to put that on record. Perhaps the Minister has other evidence of a second tier of bad landlords that do not reach rogue status and therefore are not in that top 3% but may be below it. Either way, the point from this side—certainly, I speak for myself—is that one rogue landlord is one rogue landlord too many, but 3% is relatively small and there should be a balance in relation to this clause and the whole Bill.
Mr Jones
I completely agree with my hon. Friend. The legislation in relation to rogue landlords means that civil penalties of up to £30,000 can be levied against them. Those civil penalties can be retained by the local authority to put towards the enforcement that they make in this regard. There are strong powers there, which is a good thing if there is a second division of rogue landlords that we need to uncover. However, my hon. Friend is right: we need to get a balance.
Mr Burrowes
For clarification, the 3%—an upper tier that is not wholly relevant to the wider issue of the suitability of property and of landlords—deals with the number of rogue landlords, but does not account for the number of properties held by those landlords. If rogue landlords are particularly known for having large numbers of properties, the figure does not properly reflect the huge number of unsuitable properties under their control.
Mr Jones
That was why the civil penalty was raised to £30,000—to reflect that it needed to be a penalty that had teeth for the type of people that my hon. Friend is talking about. On the point about banning orders, that also relates to companies where a rogue landlord might be a director. There are many ways in which the legislation will help in that sense.
I must move on. As I said, local authorities already make some checks so they have significant experience. However, we should recognise that there is a cost to the providing and checking of relevant information that local authorities need to do. That is why the approach to the Bill is to extend that additional protection to where it is needed most, to protect those who are most vulnerable, as described by my hon. Friend the Member for Harrow East in his opening speech, which seems quite a long time ago.
This is a proportionate approach, which hon. Members have stressed is important. To require similar checks for all tenants would place additional burdens on local authorities and generally be unnecessary. Tenants who secure accommodation in the private rented sector already do so without the local authority’s carrying out additional checks on their behalf. Those who are themselves able to ensure suitability of property should do so.
However, I listened carefully to the hon. Member for Westminster North, who expressed concern that the group of people protected because they are defined as vulnerable is narrower than the group in priority need. She gave the example of pregnant women or those with children. I do not dismiss her comments and I hope I can reassure her that I share her concern that people do not live in homes that are unsafe or badly managed. I believe that all homes should be of reasonable standard and all tenants should have a safe place to live regardless of tenure.
The proportion of tenants in the private rented sector living in non-decent housing fell from 47% in 2006 to 28% in 2014 and 80% of private renters are satisfied with their accommodation and stay in their homes for an average of four years. I know that people will say that that is an average and may not be the case in London. That is why we have had to look in the Bill at the situation around 12-month tenancies and settle on a minimum of a six-month tenancy because of the challenges that certainly exist in London.
While I discuss the challenge raised by the hon. Lady about people who fall between the groups defined as vulnerable and in priority need, it is important to pick up points from other hon. Members. Several of my hon. Friends have thrown down the gauntlet on this issue. My hon. Friend the Member for Mid Dorset and North Poole mentioned carbon monoxide. We all know that is a silent killer and it is extremely important that landlords keep their gas safety checks up to speed, to ensure that gas appliances such as a boiler, cooker or gas fire are not a threat to people who are in a commercial transaction with the landlord. They are paying a good rent and deserve a good and safe service.
David Mackintosh
Does the Minister agree that some local authorities would be better at this than others, and that when the measure is introduced we must make sure all authorities are acting in the same way and that training or information is provided when necessary?
Mr Jones
My hon. Friend has had significant experience as a councillor and at one point was a council leader, so he is well placed to speak on this matter. He is absolutely right. We have had a number of discussions on the same theme and part of the Government’s work is to bring forward from our Department a team of advisers. Local authorities do not often go out of their way to get something wrong or deliberately not follow guidance, but there are occasions when it is helpful to have someone working alongside to go through the guidance and to help develop local policy. That is certainly what we intend to do with our advisers. It is about assisting local authorities to get this right and I am sure all local authorities want that.
There is an existing framework that offers local authorities strong powers to make landlords improve a property. The health and safety rating system is used to assess health and safety risk in residential properties. Local authorities can issue an improvement notice or a hazard awareness notice if they find a defect in a property. In extreme circumstances, a local authority may even decide to make repairs themselves or to prohibit the property from being rented out. In the worst case scenario of an unsafe gas appliance, no member of the Committee would want that property to be rented out.
The Government are determined to crack down on rogue and criminal landlords. I mentioned the Government’s significant progress. I will not go into more detail, but in addition to the civil penalties I was talking about, we have provided £12 million to a number of local authorities. A significant amount has gone to London authorities to help tackle acute and complex problems with rogue landlords. More than 70,000 properties have been inspected and more than 5,000 landlords are facing further enforcement action or prosecution. We have also introduced protection for tenants against retaliatory eviction when they have a legitimate complaint. All members of the Committee will agree with that.
I want to pick up a couple of other points made by my hon. Friend the Member for Enfield, Southgate. He mentioned vulnerability and complex needs, and I think his concern was about this group of people who are not necessarily caught by the definition of “vulnerable” or “priority need”. I am not unsympathetic to what he was saying and will consider it and the comments by the hon. Member for Westminster North. I also noted the challenge from my other hon. Friends.
My hon. Friend the Member for Enfield, Southgate made a good point about temporary accommodation. We are absolutely clear that wherever practicable, local authorities should place people in their own area. Obviously, there are situations where that is not practicable and we are clear that factors such as where people work, where their children go to school and so on are taken on board. Local authorities should—we fully expect this—take those factors on board in meeting their statutory responsibility.
Ms Buck
As the Minister knows, Westminster is now reversing its practice of maintaining most temporary accommodation in-borough and announced last week that most homeless households will, in future, be discharged into the private rental sector outside the borough. Will he define “practicable” for this purpose and will he clarify whether that means “affordable”, given that Westminster is praying in aid Government policy and cuts to housing support as an explanation for that policy?
Mr Jones
We are being very clear: when we say that local authorities have got to take steps to house people in their borough unless it is not practicable, we mean that they must use every means and method at their disposal to ensure that they house people in their local area. If they do not, they have to take people’s circumstances into account. It is very difficult to see how any local authority could take an approach where, for example, a family with two children, both doing their GCSEs at a school in a particular borough, are sent to another part of the country at such a vital time, without it breaking the law. It would clearly not be taking that family’s situation into account.
I heard the earlier point made by the hon. Member for Westminster North. We are absolutely committed to replacing the temporary accommodation management fee with a flexible grant from this April. Funding of £616 million is available in that sense, and for the next three years. The grant will give local housing authorities far more flexibility on how they manage homelessness pressures. My officials are working with London authorities on temporary accommodation procurement. I am well aware that, in certain circumstances, London local authorities compete against one another for temporary accommodation. We need to look at all that can be done to try to avoid that situation.
As I mentioned, the Housing and Planning Act 2016 included measures to crack down on rogue landlords and we plan to implement those in 2017. That also includes the rogue landlords database for property agents, and banning orders for the most serious and prolific offenders.
In summary, we expect prevention and relief activity to increase following the implementation of the Bill. The provision seeks to ensure that those who are vulnerable are afforded the necessary protection. I believe it strikes the right balance, although I have listened carefully and heard what hon. Members on both sides of the Committee have said. I will take the concerns that they have raised about the way in which clause 12 will work back to the Department and will look at it further.
Question put and agreed to.
Clause 12 accordingly ordered to stand part of the Bill.
Clause 13
Extent, commencement and short title
Question proposed, That the clause stand part of the Bill.
Bob Blackman (Harrow East) (Con)
To conclude the debate on clause 12, the original intention, as I said in my speech last week, was rather broader. The concerns that colleagues—not least the hon. Member for Westminster North—have raised need to be looked at again. I am glad the Minister has agreed to do so to see what further action we can take to broaden the scope of clause 12.
Clause 13 is the final clause in the Bill, but this is not the final debate we will have. It is a relatively straightforward clause that obviously relates to the usual matters, namely the extent of the Bill, the provisions for commencing its clauses, the ability of the Secretary of State to lay regulations as necessary and the title.
The Chair
Order. I am interrupting the hon. Gentleman because we are moving into a discussion about financing. Obviously it is legitimate to have a discussion about financing, but we will have only one such discussion. I had rather expected that it would be when we were discussing clause 1 or clause 7 stand part rather than now. My own view is that it would be better to discuss financing in the context of clause 1 rather than in the context of the commencement date.
Bob Blackman
I will take your guidance, Mr Chope. As the Bill’s promoter, I am very happy to discuss finance under clause 1.
Michael Tomlinson
I, too, see the force of discussing finance under clause 1. On clause 13, my hon. Friend mentioned timings, on which he is being understandably sensitive. As the promoter of the Bill, when does he envisage the measures we have been debating so extensively coming into force?
Bob Blackman
In an ideal world, I would like this to be implemented immediately, but I recognise that councils will need time to prepare, and to recruit and train staff. They will also need to capture a lot of data. Local authorities that do a good job on homelessness prevention will have data on potential landlords, properties that may be available, help and advice from the third sector and other organisations that have the capability to provide the help and assistance required under the legislation. The concern is that a large number of local authorities are not in that position and will need time to gear up. They will need to begin the process of staff recruitment and the time to train people. They will need to change the culture in which they work—we must remember that the original culture is denial of service to homeless people unless they are in priority need. The Bill will change the cultural aspects. I hope local authorities around the country are planning how they will implement the legislation.
Will Quince
Further to the point made by my hon. Friend the Member for Mid Dorset and North Poole, and notwithstanding your comments, Mr Chope, on financing, when the finances are likely to be made available to local authorities so that they can undertake transitional work is clearly of some importance for commencement.
Bob Blackman
In planning how they implement the legislation, local authorities will need to consider how much it is going to cost them. I take your guidance, Mr Chope, that you do not want us to debate finance at this point, but in putting together those plans, local authorities will have concerns about the resources that they will need as well as the potential for large numbers of people, knowing that the Bill has become law, turning up at their local authority, which is when I suspect we will discover large numbers of hidden homeless people in this country—the sofa surfers that we spoke about in earlier debates.
David Mackintosh
Does my hon. Friend have any idea how and on what timeframe the cultural change took place in Wales? Could the Minister look at that? The Bill will affect a larger number of people, but we can learn lessons from what happened there.
The Chair
Order. We are discussing changing the law, not the culture. This is a very narrow clause about the extent, commencement and short title of the Bill. Normally, such a clause in a Bill would go through virtually on the nod at the end. It is only because we have changed the order in which we are considering the provisions of the Bill that we have not discussed finance. I have already made it quite clear that I think the best occasion to do that is in the clause 1 stand part debate. I am not going to allow this essentially succinct debate on commencement to develop into a Second Reading debate about the whole Bill.
Bob Blackman
Thank you, Mr Chope. I take your guidance. We do not want another Second Reading debate—we had one that was well attended and covered a wide range of contributions. It is fair to say that I have had representations from London Councils and the Local Government Association, including from its leadership, on the implications of enacting the Bill. There needs to be a discussion among the Committee so that we send a clear signal to the LGA and its membership about how the Bill will be enacted and delivered.
I hope the Minister sets out some of the Government’s proposals for delivering the Bill and the sort of support that will be available from the Department for Communities and Local Government. Following your guidance, Mr Chope, we will not discuss finances, but the resources, training and special assistance that may need to be provided to local authorities are vital. Homeless people and people threatened with homelessness need to know at that crisis point in their lives that they will get support and assistance, and that local authorities are geared up and ready to deliver them. Without that, many of the great aspects of the Bill may fall into disrepute, and as its promoter I am determined that we should not reach that position.
Ideally, we would not have to change the law in this way, but all parties are determined to change the culture by changing the law. We have already said in debates on other aspects of the Bill that further sticks will be applied if they are needed to ensure that local authorities deliver on the promises that we expect them to make. I look forward to the Minister setting out further details on how the Bill will be delivered, so that local authorities have certainty about what they will be expected to do and what support they can provide.
Mr Jones
I will not delay the Committee for too long on this clause. I hear your guidance on discussing cost, Mr Chope, and I welcome the fact that we can debate costs when we consider clause 1.
My hon. Friend the Member for Harrow East is not making an unreasonable challenge on implementation. Given the questions he has asked, I hope the Committee will allow me a little time to provide reassurance. His questions were mainly concerned with the speed—or lack of it, as the case may be—of the Bill’s implementation, which other hon. Members also raised. In an ideal world, it would be great to see the Bill implemented as soon as Royal Assent takes place. However, my hon. Friend is experienced enough as a parliamentarian to be well aware that a Bill of this type takes time to be implemented because of the secondary legislation that will follow, the code of guidance that will have to be updated and the statutory code of practice that may need to be implemented if things do not go to plan. Those processes will certainly require consultation with local authorities. We will work closely with them to implement these important measures because we understand their concerns that they will be stepping into the unknown—they will be supporting a group of people to whom they have not hitherto had to provide such support.
It is difficult to give exact timings. I am not going into finance, but what I can say to my hon. Friend is that the funding for the measure would be available now if we were in a position to implement now, and it will be available when we come to that point.
Mr Burrowes
Will the Minister be learning lessons from Wales, where there was a lead-in time before implementation? That helped to bring together a collaborative effort. Will he be relying on the trailblazers to be at the forefront, to ensure delivery as we transition to full implementation?
Mr Jones
My hon. Friend has brought me to where I wanted to be and prompted me on to my next two subjects.
First, we can look to the Welsh legislation to learn from its implementation. My officials are certainly doing that, and we have done it in relation to a number of areas in the Bill so far. My hon. Friend suggests an extremely sensible approach.
Secondly, I was about to come on to the prevention trailblazers. We have given £50 million to local authorities to undertake the rough sleeping work. Authorities across the country will already be gearing up for the legislative changes—testing new methods, gathering new data and working with external organisations to meet the aims we all want to achieve. I assure my hon. Friend that in that sense we are looking to what Wales has managed to achieve in a relatively short space of time, and we are also looking carefully at the prevention trailblazers. I have considerable hopes that those prevention trailblazers will really blaze a trail in creating the culture that we need to implement the legislation successfully and help people to get off the streets.
We are absolutely committed to the implementation of the Bill. We will be working closely with local housing authorities to ensure that the process takes no longer than it must, but it cannot be rushed. We have to get it right if we are to make a success of the Bill. On that basis of co-operation and in the spirit of how the Committee has worked, I will leave my comments there.
Question put and agreed to.
Clause 13 accordingly ordered to stand part of the Bill.
Clause 7
Deliberate and unreasonable refusal to co-operate: duty upon giving of notice
Question proposed, That the clause stand part of the Bill.
Bob Blackman
As the Committee knows, we reordered the business because we anticipated amendments being tabled to this key clause. It is clear, however, that we do not have any amendments to discuss today. I know that many of us will be disappointed by that, and I want to update the Committee on the situation and the reasons why we have reached this position.
In our last sitting before Christmas, I reported that we had discovered a technical problem with clause 7 —specifically, that the clause was drafted too widely. At that time, we believed that a simple amendment would resolve the issue, tightening up the circumstances in which the provisions of the clause could be triggered. However, when drafting the amendments and the consequential amendments to other parts of the Bill, the local government sector and the charities that work day-to-day with homeless people—namely Shelter and Crisis—identified further issues with how the prevention and relief duties would be ended should an applicant refuse an offer of suitable accommodation. That is obviously a key part of how the Bill will work in incentivising applicants to work co-operatively with local housing authorities. If it did not work correctly, there would be a very real risk that the Bill would create an unacceptable new burden on local housing authorities and would fail to achieve the policy objectives.
I have been working with my hon. Friend the Minister and with Shelter, Crisis and the Local Government Association to address the issues that have been identified. The priority has been to ensure that we maintain protections for all applicants who co-operate with the new duties. That has involved working through the complex relationship between the Bill and the existing legal framework to ensure that the protections for those in priority need are not affected unacceptably. We want no reductions in how priority need households are assisted. We want to make it clear to new applicants that we are providing help and assistance, but it is not a one-way street.
We are now exploring potential solutions and hope to be in a position to resolve the situation on Report, with amendments tabled by Friday. I hope that if colleagues have concerns they will place them on the record so that I, as the Bill’s promoter, and the Minister can look at them in the round and make sure we deal with the issues that have rightly been raised by the charities and the LGA and in other representations we have received on this clause.
When we debated clause 3 in December, we discussed the new duty on local housing authorities to assess the applicant’s case and agree a personalised plan. Clause 7 outlines the important steps that must be followed in those hopefully rare cases where an applicant deliberately and unreasonably refuses to co-operate with the key required steps set out in the plan that they agreed with their local housing authority. This process is designed to include safeguards that will protect vulnerable applicants from abuse of the process.
When people who are threatened with homelessness or are actually homeless present themselves to the local authority, they might be in a state of difficulty not only from a mental health point of view, but in facing this problem for the first time in their lives. If that is the case and they are directed to do things by a housing authority, they may not appreciate and understand the plan. Throughout the development of the Bill, I have listened carefully to the views of the homelessness charities to ensure that vulnerable individuals are not unfairly penalised for non-co-operation on some of the very issues that caused them to seek assistance in the first place.
The clause includes numerous safeguards that I will outline briefly. I can assure the Committee that, in the recent discussion of amendments, my key driver has been to protect those safeguards and to enhance them if possible, so that no one is placed in a position whereby they feel they have been fooled and tricked into accepting something that they do not want.
Michael Tomlinson
Before Christmas, my hon. Friend characterised the clause as “tough love”. Given his recent comments, does he anticipate that that will remain his attitude in relation to the clause, or has it changed?
Bob Blackman
I do characterise the clause as tough love. I do not believe it is acceptable for someone to arrive at a local authority and say, “Under the law, you have to provide me with housing; I do not have to do anything,” and then fold their arms, sit back and wait for the local authority to do things. Part and parcel of the clause is to say that there are responsibilities on the local authority and on individual applicants.
Clause 3 is about personalised plans. Under clause 7, if applicants do not co-operate with the local authority, it can terminate the duty. That is the tough love that I previously described. That is where the bar is placed in terms of a deliberate and unreasonable refusal to co-operate. I am very clear that we want to ensure the bar is sufficiently high so the local authorities do not disadvantage applicants, but at the same time make it clear to them that they have to co-operate with the local authority that is assisting them in alleviating their homelessness or threat of homelessness.
The personalised plans will clearly set out the required steps that have been agreed between the applicant and the local housing authority. The steps must be those that are most relevant to securing and retaining accommodation. In some cases, the applicant and the local housing authority may not be able to reach an agreement about the actions despite trying very hard to do so. If that is the case, the required steps will be those recorded in writing and considered reasonable by the local housing authority.
The local housing authority will be required to keep under review both its assessment of the applicant’s case and the appropriateness of the required steps. If the local housing authority considers that the applicant is deliberately and unreasonably refusing to co-operate, it must give them a warning—it is not acceptable that it ends its duty at that point—explaining the consequences for the duties owed to the applicant if they do not begin to co-operate. At that point, if the individual sits back and says, “I’m not doing anything. I’m not taking the steps that I have agreed to take,” the authority can use a sanction.
The local housing authority must also allow a reasonable period for the applicant to comply and take external advice if necessary. If the applicant continues to refuse to co-operate following the warning, the local housing authority can choose to issue a notice that brings to an end the duties under proposed new section 195(2), the duty to take reasonable steps to help the applicant prevent homelessness, and proposed new section 189(b)(2), the duty to take reasonable steps to help secure suitable accommodation for those homeless and eligible for assistance.
Michael Tomlinson
My hon. Friend mentioned a reasonable period, which appears in proposed new subsections (4)(b) and (8), but, unless I have missed it, there is no precise definition in clause 7 itself of what a reasonable period is. As he knows, a reasonable period for one man may be a very unreasonable period for another. Can he, as the promoter of the Bill, indicate to the Committee what he envisages would and would not be a reasonable period?
Bob Blackman
If I could just continue the point. The notice must explain the reasons for giving the notice and its effect, and inform the applicant of their right to request a review of the decision to issue a notice and the time period for doing so. My hon. Friend is a learned lawyer, and reasonableness is an issue that has been tested by the courts on many occasions. What is reasonable to an applicant facing a crisis and what is reasonable to a local authority may be two different things. It is difficult to lay out every detail in the Bill; regulations may be required to specify the period, and in the code of guidance that will be issued when the Bill becomes an Act, I expect to see a clear statement to local authorities of what is considered to be a reasonable period. If local authorities are acting in what the Minister and the Department consider to be an unreasonable manner, we may have to insist on a code of practice to set out that detail. I trust that local authorities will see that they are seeking to end the duties that they have to the applicant, so they must act in a reasonable manner.
As a final safeguard, where the prevention or relief duty has been ended under these measures, rendering the main housing duty inapplicable, the local housing authority has a further duty to the applicant if they are homeless, eligible for assistance, in priority need and became homeless through no fault of their own. In such cases, the local housing authority must as a minimum make a final accommodation offer of an assured shorthold tenancy of at least six months. To ensure that that measure and the safeguards work effectively, the clause also allows the Secretary of State to issue regulations setting out the procedures to be followed by local housing authorities in connection with notices.
Mr Burrowes
My hon. Friend has indicated that there have been discussions about amending the clause. So that the Committee is clear, is he concerned that although the clause ensures that the full rehousing duty is retained for those in priority need if there is a failure to co-operate—as Shelter and others have said, that is an important backstop—it is currently too wide and could lead to a penalty, not just in terms of compliance with the plan but in relation to the wider prevention and relief duties?
Bob Blackman
Clearly, the intention is to lay out that individuals have responsibilities and must follow their actions. There is however a concern that in some local authorities—not all, but some—there could be an impact on priority need and vulnerable households. I expect that amendments will be tabled on Report to revise the position and make clear that we are talking, as I have said, about those who deliberately and unreasonably refuse to co-operate, but also to ensure that we do not impact the main relief duty. We have striven from the word go not to change the impact on individuals who are owed a responsibility by their local authority already.
I will continue to work with my hon. Friend the Minister to bring forward a package of amendments on Report, which I hope we will all be able to support. If Committee members want to put particular comments on the record so that we can use them in our deliberations between now and Friday, when we need to table the amendments for Report, I would be very keen to hear them. I will be working on the amendments over the next week, and I hope that Members will be able to support them when they come before the House.
Andy Slaughter (Hammersmith) (Lab)
It is a pleasure to serve under your chairmanship, Mr Chope. I greatly missed the Committee last week.
Andy Slaughter
I hear what the promoter is saying, but I am sure that it is not true, because the Committee had the services of my hon. Friend the Member for Westminster North. It is always dangerous to ask someone to stand in for you when they are more experienced, competent and knowledgeable on the subject, but there we are.
I will not be long on this clause. With all due respect to the promoter and the Minister, if we are to debate it all over again on Report, and we have yet to have the benefit of the amendments, I would rather wait and see what happens then. It is unfortunate that the Bill has had to be sliced in this way, and that we are jumping around from clause to clause. I understand that we all want to get it right, but it is not an ideal way to proceed, as will be clear when we come to clause 1. We Opposition Members will try to be as disciplined and organised as we can be, in order not to repeat ourselves or lengthen the debate more than is necessary, which is the guidance we have heard from Mr Chope as well.
Therefore, all I will say on clause 7 is that we do not oppose it; it is a necessary clause, because there has to be some sanction or limitation on the relationship between the applicant and the local authority. The key issue is getting the balance right. What is the balance? I pose the question, which may be better answered on Report, when we know the full extent of the clause. We are all familiar with the term “unreasonable”, but are perhaps less familiar with the term “deliberate”. There have been perfectly reasonable representations from both sides, if I can put it that way—from Shelter and from the Association of Housing Advice Services. One side of the argument is that it is essential that the bar is set very high, so that local authorities cannot evade their duty; on the other hand, the process must not be overly bureaucratic, or effectively provide no sanction because the applicant would be entitled to the same assistance as they would if they had not deliberately and unreasonably refused to co-operate. That question hangs in the air. As for the definition of “deliberate” and what might constitute that behaviour or how authorities would define it, that is a question that the Minister or the promoter may wish to deal with, although it may not be a matter for today.
I reserve any further comments. It is regrettable that we are doing this on Report. I remember having a conversation early on with the promoter, in which I said, “We might wish to table some clauses on Report,” and he said, “Can you please ensure that you do that in Committee, so that we have a clean run at Report and Third Reading?” I think I may have to table something on Report myself now; we will see.
Michael Tomlinson
The hon. Gentleman mentioned unreasonable behaviour. I completely take his point and agree with what he says, but in clause 7, there is a definition to help local authorities define what the characteristics of unreasonable behaviour would be. Would he anticipate, as I do, that that sort of subsection will be essential in any sort of rewriting, to ensure that the most vulnerable are protected?
Andy Slaughter
Yes, but “unreasonable” is a term with which we and, more importantly, the courts are familiar, if a matter has to reach that point. “Deliberate” is a rarer and higher standard, and that term gives me pause, but I think the consensus is that it needs to be there, because “unreasonable” is not sufficient. I only ask for a slightly clearer exemplification.
Will Quince
I am conscious that there are likely to be further amendments on Report. I want to touch briefly on the new duty to assess cases and agree a plan. I very much support the idea of a personalised plan, whereby we empower those who seek help with a number of key steps that they are expected to take, which are reasonable, proportionate and, most importantly, achievable. That will encourage positive action and working together to find a solution, rather than people simply turning up at the council saying, “You have a duty to house me because I’m homeless.” Instead, we will say, “Let’s look at the steps we can take together to address the issues”—and, in many cases, the complex needs—“behind your homelessness or risk of homelessness before the situation gets worse.”
No doubt we have all seen situations involving councils. It is difficult, because the vast majority of local authorities are excellent and take their duties and responsibilities very seriously. Some, however, discharge their homelessness duties far too easily, which has knock-on effects on other areas and local authorities. For example, if a borough or district council discharges its duty on homelessness for whatever reason, it puts added pressure—especially if children are involved—on either the unitary authority or the county council in respect of social services, and that is often hugely expensive compared with the action that could have been taken by the local authority.
There have been a number of comments on deliberate and unreasonable refusal to co-operate and the definition of “unreasonable”. Clear guidance on what is unreasonable would certainly be helpful, but the addition of that word adds a safeguard. I used to be a lawyer as well.
Will Quince
I used to be; I am not any more, I am glad to say. The addition of that word protects those with mental health issues or complex needs. We know that the vast majority of people who are at risk of homelessness or are homeless have very complex needs.
I very much welcome the safeguards in the Bill, including the concept of a warning letter that clearly and succinctly sets out what will happen if someone fails to co-operate and the clear steps that will be taken after that. On the whole discharging of the duty, I welcome the fact that those who are found to have deliberately or unreasonably failed to co-operate, even after the warning letter, will still receive, as a minimum, an offer of suitable accommodation, with an assured shorthold tenancy of six months. That adds the necessary protection and safeguard. and stops additional pressure being put on county councils.
David Mackintosh
I am pleased that the clause is included, because I strongly believe in the principle of personal responsibility. Of course, public bodies have a duty to help people, especially those who are vulnerable or traumatised. I am sure we have all seen cases of people in difficult circumstances who, inexplicably, do not co-operate with the local authority, even in challenging situations.
Local authorities may well worry about how this new legislation will affect them. That is why I welcome the proposals. Action plans can be agreed between the council and the person seeking help, with proper, agreed actions for both parties to undertake. The council, of course, has a responsibility to help, but this also allows people to help themselves; as my hon. Friend the Member for Colchester put it, it helps to empower people. They are an active participant in the process and take some responsibility for their destiny. This is about much more than finding a home and helping someone in the short term. This helps people to set off on their future path, and create their own future.
Helen Hayes
It is a pleasure to serve under your chairmanship, Mr Chope. I want to put on the record my disappointment that we are not able to debate amendments to the clause in Committee. The judgments and the balance of responsibilities involved in the clause are among the most complex and sensitive of any aspects of the Bill. We should have the opportunity to consider the balance of responsibilities and judgments in full in Committee with the wording that is likely to make it into the Bill.
The case that the hon. Member for Harrow East described of a person who simply sits back and does nothing about their circumstances is indeed clear cut, but in my experience such cases are extremely rare. Much more common are cases that involve judgments around the location and type of property. Those judgments involve issues about which many of us, if we had the misfortune to find ourselves homeless, would also feel strongly. People who find themselves homeless often feel, quite rightly, a strong sense of injustice and a high level of distress around their circumstances. They want things to be put right in such a way that they can imagine rebuilding their life in acceptable circumstances. Judgments as to what somebody would regard as a suitable offer of accommodation are therefore necessarily very difficult and sensitive.
The Bill also seeks to bring about a change in homelessness culture and practice in local authorities. In its inquiry, the Communities and Local Government Committee certainly saw evidence of gatekeeping practices in some local authorities. It was common practice for them to look for minimal reasons to discharge the duty; we have to get rid of such practices.
The change in culture, the complexity of the judgments, the balance of responsibilities and the definitions of reasonableness and suitability that will apply to cases are sensitive and complicated matters and should not be left for us to consider in full on Report. I look forward to debating them further on Report, but I want to put on the record at this stage my disappointment that the Government have left this matter so late.
Mr Burrowes
I will follow on from those points in a similar vein. We are, in a somewhat rarefied Committee, looking at deliberate and unreasonable refusals to co-operate, while being far removed from the challenging circumstances faced by people, particularly those with complex needs. Even with revisions to the Bill on Report, we must be clear that the bar is set at a level that will ensure that there is understanding, particularly of those with mental health and complex needs, and that those needs are taken into account when considering what is deliberate and unreasonable. That does not mean that those people will not be liable to being deemed to have refused to co-operate. We need to look sensitively at how we ensure that the most vulnerable are taken account of properly.
On discharging duties, I recall a case in which the NHS was able to discharge its duty of care to a vulnerable constituent who had complex needs and was paranoid. When people knocked on the door to see whether he was going to co-operate, unsurprisingly he did not answer, because he was paranoid; it was a part of his condition. He repeatedly refused to answer the door, so the NHS discharged its duty of care to him. As for the safeguards in this provision, there is a warning letter. We need to look in detail—this matters—at how that warning letter will be communicated and take proper account of people’s needs, which include communication difficulties.
Michael Tomlinson
That is exactly the point I made a few moments ago. Subsection (6) refers to taking into account the “particular circumstances and needs” of the applicant. My hon. Friend’s story highlights the reason why we need that safeguard in any future redrafting of the clause—to protect exactly the sort of people he is talking about.
Mr Burrowes
We need to ensure that when the rubber hits the road, there is a reality to this, so that there is not the lowest common denominator of just discharging a duty, but there is a real, positive intent to meet people’s particular needs.
It is important to ensure there is reassurance and the backstop provided by new section 193B(4). The full rehousing duty for those in priority need must be maintained. We have often praised the Welsh for getting there first with the prevention duty, but this clause will do a lot better. It will ensure that, in this case, we do not follow the Welsh example, where legislation allows an authority to discharge all duties for those who refuse to co-operate and where there is evidence of one in eight households now being refused further help; emerging evidence suggests that they are often vulnerable people with support needs. That is despite codes of guidance, which we talked about in previous deliberations.
It is so important that we get this right. This is where it could go wrong, despite all the codes of guidance that might be produced. I welcome the care that has been given to ensuring that we get this right. The litmus test is those with complex, particular needs. We need to ensure in this deliberation on what is deliberate and unreasonable that we have a true understanding of vulnerable people.
Michael Tomlinson
I, too, rise to say that I am disappointed by the difficulty that this Committee has been put under in not being able to look at clause 7. I agree entirely with my hon. Friend the Member for Enfield, Southgate and with the hon. Member for Dulwich and West Norwood that this is one of the most crucial parts of the legislation, and that a delicate balancing act needs to be got right.
That said, I support the principle. I agree with my hon. Friend the Member for Harrow East, the Bill’s promoter, when he characterises this as tough love. My hon. Friend the Member for Northampton South mentioned personal responsibility, and the phrase “help to empower” was also used. I entirely agree with the principle behind the clause but am disappointed that we cannot thrash out more of the detail. I will certainly take up the invitation from my hon. Friend the Member for Harrow East to set out what I believe needs to be within the clause, although I support the thrust of it.
I had a meeting with a representative of East Dorset District Council—a local authority that you know well, Mr Chope, because East Dorset covers three constituencies: mine, yours and that of my hon. Friend the Member for North Dorset (Simon Hoare). The council is concerned not only about the potential burden on local authorities, but about the risk of this going wrong. The interplay between local authorities and housing associations was also raised.
Perhaps when the Minister gets to his feet in a few minutes, he will give me and those at East Dorset some reassurance on the clause as drafted, or as we hope it will be drafted in future, and on the interplay with housing association duties. Many of our local authorities own very little stock and rely on housing associations to perform many of their functions and duties. What is the interplay between that and the clause? Is there a risk that housing associations will fall short or have a lower standard than is the aim and intention behind the clause?
I have said before that we are looking at the most vulnerable. I agree that there should be a strict definition in clause 7. As drafted, the tough love aspect is whether an applicant has deliberately and unreasonably refused to co-operate. I agree with the hon. Member for Hammersmith that this is familiar territory for lawyers and courts. In my view, it is helpful to have as much detail in the Bill as possible. That is why I welcome proposed new section 193A(6), which states that the characteristics—correction, circumstances—and needs of the applicant should be taken into account. Perhaps the Minister and promoter of the Bill should consider characteristics.
My hon. Friend the Member for Enfield, Southgate gave a striking example of why it is necessary to take into account the circumstances and needs of the applicant. Knocking on the door might be sufficient for one applicant but not for another. Therefore, clause 7 needs that additional safeguard in its redrafted form.
The term “reasonable period” is also fertile territory for lawyers. My concern is that, if it is left in the Bill, lawyers will argue the toss that the local authority says, “Yes, it was a reasonable period,” while the applicant says, “No, it was not because more time was required.” I understand entirely the difficulty of putting that sort of detail in the Bill. An indication of the timeframe from the Minister when he is looking at redrafting may be helpful, although I do understand the risk of causing problems.
Finally, like my hon. Friend the Member for Colchester, I welcome the additional safeguard of a notice to inform and explain to the applicant. The Minister might pick up on one caveat. As drafted, subsection (8) provides for what would happen if a notice were not received. In an ideal world, we would need to ensure that notices are received. As we know, sometimes the serving of notices is not as straightforward in practice as it is to set out in a document. The Minister might consider and emphasise the need to ensure that notices are received.
David Mackintosh
Does my hon. Friend agree that it is important that there should be a written warning or notice rather than just a verbal statement? People could be confused and lose bits of paper, so it is important to have this written down.
Michael Tomlinson
I agree in part with my hon. Friend, but in fact it would be helpful to have both. Depending on the needs and circumstances of the individual, it could be helpful to have the notice read out. Of course, it should also have the fall-back authority of a piece of paper or document.
I would like the Minister to pick up the point in subsection (8) about the notice being
“made available at the authority’s office”.
Given we are considering the most vulnerable people, is that sufficient to draw attention to the fact that their rights are to be taken away under the homelessness provisions?
Mrs Drummond
My hon. Friend makes an extremely good point. If that information is not put very clearly in writing to the vulnerable person, surely the appeals will be more difficult. Will we see an increase in appeals if we do not get the clause absolutely right in the detail?
Michael Tomlinson
That is absolutely right. It is not only the difficulty with appeals, but the rise in the number of appeals, exactly as my hon. Friend says. As a former lawyer, I want fewer of these cases appearing in front of court. Far too often, we have seen lawyers arguing over clauses exactly like this one by picking up points of technicality and trying to say whether a notice was served. Every effort should be made to ensure that notices are brought to the attention of individuals, and I would like reassurance from the Minister specifically on that point because the clause takes away rights that we are seeking to give to individuals.
While I entirely support the thrust, aim and intention of the clause and its characterisation as tough love, I regret the fact that we are not able to debate its final form. We are almost shadow boxing in anticipation of what may or may not be incorporated into clause 7. I encourage the Minister to take on board all the points that have been made.
Mr Jones
I am afraid that I must start with an apology to the Committee. I know that the Committee was expecting to see the amendments today. Indeed, I was fully expecting to be able to introduce the amendments for consideration. I am sorry that circumstances have meant that that has not been possible.
My hon. Friend the Member for Harrow East has already provided a significant overview of the concerns we have been investigating over the past few weeks, so I will not go into too much detail in that regard. I simply say that we are addressing the two issues that have been identified with the clause. The first is that the clause is drafted too widely. While an applicant could be penalised for deliberately and unreasonably refusing to co-operate with the required actions as set out in the personal housing plan, as the clause is drafted they could also be penalised for deliberately and unreasonably refusing to co-operate with the authority in relation to the prevention or relief duties more generally. That is a broader formulation of the clause and is certainly not the one intended.
The second issue is that we are not confident that the balance between incentives and protections is right in cases where an applicant refuses a suitable offer of accommodation at the relief stage. We have been working closely with homelessness charities to resolve that and develop a way forward, and I hope to be in a position to say more before Report.
My hon. Friend has made it clear to the Committee this morning that we have spent significant time in the intervening period since the previous sitting and before then working with external stakeholders. We have been working with local authorities that have expressed concerns about what my first point may mean in relation to their duties, as well as with the charities that he mentioned, which obviously have significant concerns about the second point.
This is a very unusual situation. We have a private Member’s Bill, and the Select Committee has looked at it and proposed amendments. The Government have worked with the Member to come up with a form of Bill that works. Within that, we have also had significant engagement with local authorities, the LGA and stakeholders, including charities. My hon. Friend mentioned Crisis and Shelter. It is a complex situation, and I am determined to work with him to get the legislation right. I reiterate my disappointment that I have not been able to debate what I would have liked and expected to debate with the Committee, and again tender my apologies to the Committee.
A number of measures in the clause remain pertinent. Many times during our consideration of the Bill, Members have spoken about the importance of culture change in building a more co-operative relationship between the local housing authority and those who need their services. That is already the case in the best local authorities. We want to encourage those who are homeless or at risk of homelessness to work with their local housing authority to prevent or relieve their homelessness as soon as possible. We believe that such a co-operative approach is better for the individual or family, and is better for local housing authorities, too.
The clause sets out the actions a local housing authority may take if an individual who has made a homeless application subsequently deliberately and unreasonably refuses to follow the steps in the personalised plan agreed between themselves and the local housing authority. In most cases, the local housing authority and the individual will take the agreed steps and work co-operatively to resolve the situation before it becomes a crisis. However, if the local authority considers that an applicant has deliberately and unreasonably refused to co-operate with the required actions agreed in their personal housing plan, it must first issue a written warning explaining that that is the case, and that a failure to co-operate will result in the end of the duty to secure accommodation for the applicant. We will work with local housing authorities—this comes back to points that have been raised in the debate, on which I will now elaborate—to develop common-sense guidance on the meaning of “deliberate and unreasonable”.
To pick up on the points made by my hon. Friends the Members for Harrow East, for Enfield, Southgate and for Mid Dorset and North Poole on applicants deliberately and unreasonably refusing to co-operate, statutory guidance will set out the Government’s view on what that means. For example, it will include refusing to engage in negotiations with the landlord to prevent their tenancy from ending, or refusing to contact landlords or view properties. We have also talked about the definition of “suitable”, which is set out in existing legislation.
Several hon. Members have asked what a “reasonable period” is. Reasonableness is a well understood concept in law, which my hon. Friend the Member for Mid Dorset and North Poole will understand. When considering what is a reasonable period, local housing authorities will have to have regard to all surrounding circumstances, which brings me to the point made by my hon. Friend the Member for Enfield, Southgate. We can consider saying more in guidance about the factors we expect local authorities to take into account when making the judgment. In doing that, I will take on board the comments made by hon. Members.
My hon. Friend the Member for North the Member for Mid Dorset and North Poole made a good point on the interplay with housing associations. Local housing authorities will work closely with a range of landlords as they deliver the Bill, as they are intended to do now. Housing associations are key partners in many respects, but the clause relates specifically to the applicant’s co-operation with the steps that they agree with the local housing authority for their personal plan, and not with third-party organisations. I hope that clarifies the point for my hon. Friend.
The Chair
Before adjourning the Committee, I remind hon. Members that there are two substantial amendments to clause 1 to be debated. I think it would be convenient for the Committee to debate those two amendments together with clause 1 stand part.
Homelessness Reduction Bill (Seventh sitting)
Wednesday 18th January 2017
(7 years, 3 months ago)
Public Bill CommitteesRead Full debate Homelessness Reduction Act 2017 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 18 January 2017 - (18 Jan 2017)
The Parliamentary Under-Secretary of State for Communities and Local Government (Mr Marcus Jones)
When we broke at the last sitting, I was coming on to the subject of written warnings. I nearly got one this morning, I detected, but was very fortunate that I evaded the wrath of the Chair.
We would expect that before a local housing authority issued a written warning, it would make all reasonable efforts to engage the individual, explore the reasons for their failure to act and try to re-establish a co-operative relationship. Following that written warning, if the applicant continued deliberately and unreasonably to refuse to co-operate, the local housing authority might choose to issue a notice that brings to an end its duties to prevent or relieve the applicant’s homelessness.
Michael Tomlinson (Mid Dorset and North Poole) (Con)
I fear the Minister is about to move on. At that stage, is there not, under proposed new section 193A (3)(b), the right to request a review of that decision? The notice is therefore not necessarily the end of the piece, because the applicant may request a review if they feel they have been unfairly dealt with.
Mr Jones
There is, as my hon. Friend rightly points out, a right to review. I am sure he realises that I will not go into too much detail about that, because we will deal with it far more when we come to the amendments tabled to the clause on Report.
Where a local housing authority has brought its duty to an end in this way, and the applicant was made homeless through no fault of their own and is in priority need, the authority will be required to make a final offer of a private sector tenancy of at least six months. The Government will review and update the homelessness code of guidance to provide clear guidance on how that will work in practice. As I said, that will include guidance on the meaning of “deliberately and unreasonably” refusing to co-operate.
Guidance will be developed in consultation with stakeholders across local government and the charity sector to ensure that it is clear and fair. We had quite a lengthy debate about that this morning and will discuss it on Report, so I will not go into it any further. We must ensure that the provisions are clear and fair, and that we minimise as far as possible the risk of someone failing to get the support they need. We will also work closely with stakeholders across local government to develop further regulations relating to the process that local housing authorities should follow. As colleagues have said, that is key to getting this right.
This is an important part of the Bill and of driving the cultural change we want, so that local housing authorities and individuals work together for the best outcome within a framework that is clear and fair, with a balance of responsibilities. Although the need for amendments is disappointing for all of us, the importance of the clause drives my determination to make the amendments that the Committee expects.
Michael Tomlinson
I hope the Minister will at some stage address the point that not only I but a number of colleagues made about the particular circumstances and needs of the applicant. I understand that we will have an opportunity to look at the clause when it is rewritten, but we were invited by the Bill’s promoter to make particular representations on those parts of the clause that we think should remain in it. Does the Minister agree that new section 193A(6) is an important part of it? Even if we do not use exactly these words, we should look at the applicant’s particular circumstances and needs when assessing whether he or she has unreasonably refused to co-operate.
Mr Jones
I beg to move amendment 16, in clause 1, page 1, line 5, leave out subsection (2).
Clause 1(2) of the Bill, which this amendment would leave out, currently makes provision about the implications of a notice given under section 8 or 21 of the Housing Act 1988, and court orders, for whether a person is homeless or threatened with homelessness. Amendment 17 makes provision about the implications of a section 21 notice.
The Chair
With this it will be convenient to discuss the following:
Government amendment 17, in clause 1, page 3, line 4, at end insert—
“( ) After subsection (4) insert—
“(5) A person is also threatened with homelessness if—
(a) a valid notice has been given to the person under section 21 of the Housing Act 1988 (orders for possession on expiry or termination of assured shorthold tenancy) in respect of the only accommodation the person has that is available for the person’s occupation, and
(b) that notice will expire within 56 days.””— (Mr Marcus Jones.)
This amendment provides that a person will be threatened with homelessness for the purposes of Part 7 of the Housing Act 1996 if they have been given a valid notice under section 21 of the Housing Act 1988 in relation to their only accommodation and that notice will expire within 56 days.
Clause stand part.
Mr Jones
The Government have tabled amendments 16 and 17, which remove all of clause 1 apart from the extension of the prevention duty from 28 to 56 days and clarify that an applicant is threatened with homelessness if they have a valid section 21 notice that expires in 56 days or less. I am sure that most Committee members will be aware that this clause has been the subject of extensive discussion with and concern from the many external stakeholders who will be affected by the Bill, including landlords, local authorities and the charities working with those in need of housing support.
Prevention is vital to tackling homelessness. Getting in early and working with applicants before a crisis hits is key. The clause works in conjunction with the rest of the Bill and with current legislation to shift the focus towards prevention and to encourage those at risk of homelessness to seek help early. In the best local authorities in the country, that ability to seek help early is the guiding principle. I had a very good visit to Sevenoaks in Kent, where the council is absolutely following that principle. It is effectively putting the message out to local people that if for any reason they have a challenge in maintaining their housing, they should get in touch with the local authority at the first opportunity and go in to discuss those concerns. When concerns such as relationship breakdown, challenges with budgeting and redundancy are brought to the council, it has officers who have experience in those areas and are able to guide and support people with, for example, budget planning.
Will Quince (Colchester) (Con)
Does the Minister agree that often when people experience life-changing events, be it a marital or relationship breakdown or the ending of a tenancy, they are not at that point in crisis? They often just need some really good, clear advice, which they can then reflect on, long before they reach crisis point. That is why this particular duty is so important.
Mr Jones
I completely agree. Too often, under the current legislation, people who get into those sorts of difficulties or experience those sorts of events do not know who to turn to—the local authority, the citizens advice bureau, a friend or even the local MP. I hope that this will lead to more clarity, and to people being quicker to approach the local housing authority, which might be working with the CAB or charities, to deal with challenges that are often not about housing, but that lead to people having a problem with their housing or, indeed, to homelessness.
David Mackintosh (Northampton South) (Con)
My hon. Friend the Member for Colchester and I are part of the all-party parliamentary group for ending homelessness, and we have taken evidence. It has emerged that there are some very good schemes around the country that not only help people to find a home but equip them with the life skills they need. Would it be helpful if I wrote to the Minister with some of the evidence gained from the APPG’s information gathering, so that he can pass on forms of best practice?
Mr Jones
I would be delighted if my hon. Friend sent me that information. As we have discussed, advisers will be going around the country and speaking to local housing departments to explain how this legislation works and help them with any challenges. There is some really good best practice—I mentioned Sevenoaks—including help with the general life skills that sometimes even the most able people struggle with when they experience a difficult event such as a relationship breakdown, as my hon. Friend the Member for Colchester said.
Clause 1 helps to tackle the bad practice whereby some local authorities advise tenants to remain in properties until the bailiffs arrive. It also includes some flexibility to allow local housing authorities to talk to landlords and work with tenants before they have to leave the property, to see if solutions can be found. We all know that our biggest challenge when it comes to priority need homelessness acceptances by local authorities is the ending of an assured shorthold tenancy. We firmly believe that if we can get in there and help people to maintain a tenancy before it is too late, we will not only do a very good job for those potentially losing their tenancy, but help the local authority, which will have time freed up to support people who are more difficult and challenging to deal with because of their circumstances.
Michelle Donelan (Chippenham) (Con)
Will the Minister acknowledge that this is already happening in Wales? They opened up the period in which someone could be classified as being threatened by homelessness. That backs up this clause and proves that it will work to prevent homelessness.
Mr Jones
My hon. Friend makes a good point. It has been said outside this Committee many times and in the discussions I have had, particularly on the amendments we are looking to make to clause 7, that the housing market in England and particularly in London is very different from that in Wales. We can certainly draw many parallels with the Welsh legislation and have confidence that, in many ways, this legislation will have a very positive effect. On whether it will have the significant effect it has had in Wales, I make two points. First, local authorities in England were already better, in general, at preventing homelessness than those in Wales before the legislation was introduced; we need to take that point on board. Secondly, our assumptions—particularly on cost, which I will come to later—have been based very much on an acknowledgment that the housing market is very different in England, and particularly London and the south of the country.
Michael Tomlinson
Is not the point about clause 1 that all these notices are meant to be mandatory? The local authority will have confidence that it will be giving advance help, or that there will be more warning, in the knowledge that when the notice is provided, it will eventually lead to a possession order and therefore homelessness.
Mr Jones
My hon. Friend hits the nail on the head. There is obviously an incredible amount of good will in relation to increasing the period over which people are supported and trying to mitigate the challenges they encounter before they become homeless, but some concern has been expressed about the approach. Landlords are worried that the flexibility could be misused by some local housing authorities to delay triggering their obligation to help tenants, which could result in increased costs for landlords in having to go through the courts to evict tenants and cause extra distress to vulnerable at-risk households. In general, landlords and local authorities were concerned that the clause as drafted was too complicated and could be misinterpreted or even misused.
My hon. Friend the Member for Harrow East and I have met a range of stakeholders to agree an approach that best addresses everyone’s concerns while keeping at its core our overall aim of helping people to solve their housing issues before they become homeless. I thank all of them for their constructive engagement and for helping us to reach the approach that the Government are proposing. Local authorities and the housing charities have confirmed that they support the amendment.
The prevention duty provides that local authorities must work quickly and proactively with applicants who are threatened with homelessness to find a long-term housing solution during that period. The amendment adds to that by making it clear that any applicant with a valid section 21 notice that expires in 56 days or less is to be treated as threatened with homelessness and therefore offered the relevant help and support. Where applicants in those circumstances seek help, local housing authorities will be required to work with them to try to prevent them from becoming homeless before the notice expires. That should help to reduce evictions from privately rented accommodation and facilitate less disruptive moves to alternative housing when tenants do have to move out. It has been mentioned many times that once a family have paid a deposit bond to a landlord, if they are subsequently evicted quite often the biggest challenge is that do not have that bond to get back into the rental market.
Mr David Burrowes (Enfield, Southgate) (Con)
On support from local authorities, how much engagement, involvement and sign-up from local authorities is there for the amended clause 1? I know that my hon. Friend has had discussions, and there will obviously be further debate about the costs. I think that some local authorities have been under a particular impression in terms of the somewhere-to-stay provision and using a cost element that is not focused on what is in the Bill now, although it will be if we pass the amended clause.
Mr Jones
There have been infinite discussions about this clause and the others. I think that, generally, the clause has been accepted readily by most people involved, particularly on the local authority side and by the Local Government Association. Generally that is because people recognise that if we gear our help to being upstream, rather than waiting for a housing crisis, that will significantly reduce the cost of helping people, but more important than the cost, it will put people in a far better position as individuals than would have been the case otherwise.
The end of a private rented sector tenancy is currently the main trigger for homelessness, so the Government commend the amendment as a way to ensure that valuable opportunities to prevent homelessness are not lost and that households are more likely to receive the help that they need at the right time. The amendment balances the need for flexibility for local housing authorities with recognition of the legitimate concerns of landlords and homelessness charities. Clear guidance will be issued to set out in more detail how that flexibility should be used.
Michael Tomlinson
With respect, the Minister is slightly skating over the significance of the amendment he tabled. It sweeps away any section 8 notices as well. He says he consulted landlords and other bodies, but perhaps he could deal with this, because section 8 notices can be mandatory as well. Why do only section 21 notices remain under the amendment? Why have section 8 notices been swept aside?
Mr Jones
I thank my hon. Friend for bringing that up. I will deal with that at the appropriate point.
As I said, the amendment balances the need for flexibility for local housing authorities with recognition of the concerns of landlords and homelessness charities, and clear guidance will be issued. I can confirm that to ensure that applicants threatened with homelessness due to the issuing of a section 21 notice receive continuous help and support through the prevention and relief duties, the Government plan to table an amendment on Report to clause 4—the prevention duty. That will require that while the applicant remains in the same property, the prevention duty continues to operate until such time as the local authority brings it to an end for one of the reasons set out in clause 4, even if 56 days have passed. In an ideal world, if we were dealing with the Bill in the usual order, I would have tabled that amendment once we had debated clause 1, in advance of the debate on clause 4. Regrettably, because of the timetabling and the challenges we had with clause 1, I was not able to do that, which I apologise for. Unlike with clause 7, that could not have been avoided at all.
The prevention duty may be brought to an end because, for example, agreement is reached by a tenant to stay in the property for at least a further six months; alternative suitable accommodation has been secured for the household; they have become homeless and eligible for the relief duty; or they have withdrawn their application. The amendment to clause 4 will address a concern raised by some charities that there may be cases where the 56-day prevention duty period has run out but the household is unfortunately still at risk of homelessness. They may not yet be homeless and would therefore, in some instances, not be covered by the relief duty.
To complement that change to the legislation, the Government will take other action to encourage people at risk of homelessness to present earlier to their local authority. We will amend form 6A, which is used to evict tenants through section 21, and amend the “How to Rent” guide to include information encouraging tenants to seek help earlier when they receive a section 21 notice and believe they are at risk of homelessness as a result.
David Mackintosh
Clearly, this will be a change for some housing authorities. As we have said before, that will require extra training. Will the Minister confirm that his Department is looking at that?
Mr Jones
As I have said a number of times, I fully believe that additional training will be necessary in some cases. Some local authorities are already doing many of the things being introduced in the Bill, but many local authorities are not. This morning the hon. Member for Westminster North challenged certain practices of housing options departments. The team of advisers that the Department will employ will be there to do just that—to embed the new legislation as it comes through, so that we get the result that we all seek and desire from the Bill.
My hon. Friend the Member for Mid Dorset and North Poole was right to raise section 8 notices and the reasons why our amendment will remove them from the Bill. For those served with a section 8 notice, there is a set defence procedure that tenants must have the option to follow through if they wish. For example, a tenant may wish to challenge a section 8 eviction if the notice is not valid, if they can prove the amount of rent arrears is wrong, if they have evidence that disproves their landlord’s case, or if they have a counterclaim for disrepair. Any applicant at risk of homelessness within 56 days or fewer will be offered the prevention duty assistance by their local housing authority. The measure ensures that those served with a section 8 notice have the flexibility to dispute it if they wish, but will also be able to seek help should they be at risk of homelessness. I hope that allays my hon. Friend’s concerns.
You said earlier, Mr Chope, that the issue of costs should be dealt with during the clause 1 stand part debate, in which we are also considering Government amendments 16 and 17. As I have said during the Bill’s passage—on Second Reading and at Committee stage—the Government are committed to meeting the cost of the Bill, in line with the new burdens doctrine, and I announced yesterday that £48 million will be provided to fund the Bill. The Bill will place new duties on local authorities to prevent and tackle homelessness for all those who are eligible, not only those currently in priority need. In line with the new burdens doctrine, the Government will fund the cost of the new burdens placed on local government, including providing all households with free information and advice on preventing and relieving homelessness. As we have just heard, the prevention duty and the period in which local authorities have to work with people to do all they can to prevent homelessness, is increasing from 28 to 56 days. There is also an enhanced duty for those who are already homeless, meaning that local housing authorities will support people for 56 days to relieve their homelessness to help them to secure accommodation.
I assure the Committee that we have committed to working with the LGA and local authorities to establish a formula for distributing the funding that factors in the different pressures and costs in different places. We have discussed the far greater pressures in London and parts of the south-east than in other parts of the country. That said, we are acutely aware that there are challenges with homelessness across the country that we have to deal with, and we will reflect that in our discussions with the LGA. In addition to the money that will be provided for new burdens, we have committed to considering whether there is a case for a small amount of additional funding to help those areas facing the highest pressure. At this point, we have not made a complete assessment of what that figure will be, but we are certainly mindful that some places will face significantly greater challenges than others.
To give a headline view of how the costs have been worked out—I am trying to pre-empt questions from the Committee—the cost of the new measures has been determined by using current data on local authority homelessness spending combined with national statistics on homelessness. Those have helped us to arrive at unit costs for the various services. Assumptions were made on the effect of the Bill on such activities: for instance, we have assumed that the case load will increase as a result of the new offer to households at risk of homelessness.
We have also looked at the situation in Wales and judged that we will not increase the case load in England as much as was the case there. That is because there is already a more significant prevention duty in place in England than there was in Wales at the start of its legislation.
Mr Burrowes
On the methodology, obviously it is important that there is as much agreement as possible on the basis for the Government’s welcome funding commitment for the implications of the Bill. Certainly one cannot predict how much demand there will be for prevention services, but has as much agreement been reached as is possible with local councils and the LGA in relation to the methodology testing that has taken place up until now?
Mr Jones
There has been extensive discussion on that, and from the LGA’s press statement it is apparent that it does not dispute the methodology used. It has talked about reviews—we can come on to that—but it has not disputed the methodology. On the methodology, we must be careful to ensure that we are comparing the potential cost with the burdens created under the Bill. On Second Reading, the hon. Member for Ilford South (Mike Gapes) spoke at considerable length about what he saw as a multimillion pound commitment that his local authority would have to meet as a result of the Bill. That included concern over the original proposal for a “nowhere safe to stay” clause, which after speaking to local government the Government considered carefully. Although in an ideal world it would be fabulous to do what that proposal intended, it would have created a huge new burden that would have been difficult to deal with. More particularly, the big challenge around that was that that new burden’s demand could not be quantified. In many of the assumptions we have made in preparing the Bill, we have been able to use methodology relating to the experience of the Welsh legislation, and that legislation did not have provision for nowhere safe to stay.
David Mackintosh
I am grateful to the Minister for that explanation and for the work that has gone on behind the scenes to get the methodology. I note from the LGA’s response that it asked for this provision to be looked at in the future. The hon. Member for Sheffield South East is not in his place, but I am sure that the Communities and Local Government Committee stands ready to help look at that again in the future, if required to do so. I make the offer, I am sure on behalf of all members of the Select Committee, that we will be willing to help and look at anything, going forward.
Mr Jones
I thank my hon. Friend for that kind offer. The Select Committee has taken an active role in the Bill—in fact, as he is well aware, a number of changes have been made as a direct result of its intervention. We will certainly look to review the policy and how it is working in practice once there has been time for the system to bed in. Bear in mind that the policy will not be implemented on the day that the Bill gets Royal Assent; it will be reviewed ahead of the new burdens assessment in the 2021 financial year. New burdens reviews do not lead to automatic recoupment of overpayments. Any review will be based on assumptions and estimates, although informed by experience on the ground. The actual policy cost may differ between local authorities, depending on how they choose to implement it. That is an important point, which we need to take into account.
Michael Tomlinson
On finance, it has been indicated that several amendments will be tabled in the future. My hon. Friend the Member for Northampton South was talking about a different thing; I am talking about the specific amendments, which may place additional burdens on local authorities, that may be tabled when the Bill returns to the Floor of the House. Will the Minister look at that issue again and give reassurance on it when the time comes?
Mr Jones
My hon. Friend is as perceptive as ever and makes an excellent point. Clearly, amendments will be tabled on Report. I assure him that anything in those amendments that constitutes a new burden on local authorities will be dealt with in the same way. There is nothing in the statement that we have already made that is not in the Bill today. If there are any additional costs as a result of amendments tabled on Report, they will quite correctly be dealt with separately from the £48 million that we announced in our statement. I hope that gives him some reassurance.
Amendments 16 and 17 represent the best balance between the interests of tenants, landlords and local housing authorities. I believe that the schedule of new burdens costs that we have set out for the Bill is fair and we did our homework in relation to the calculation of those costs. The clause is part of the excellent package that my hon. Friend the Member for Harrow East has brought together with the support of the Select Committee, the Government, housing charities, and in the main local authorities. I am pleased to propose that the Committee supports the amendments and clause 1 as amended.
Andy Slaughter (Hammersmith) (Lab)
If I understood you this morning, Mr Chope, you would like single speeches addressing both the amendments and clause stand part. That is a sensible way to proceed. I observe in parenthesis that I would be the first person to be accused of being a hypocrite if I was to deprecate a filibuster. The only thing that I say is that in my experience, one usually does that when one does not care for the legislation one is talking over. I say to the promoter, the hon. Member for Harrow East, that I would hate, for the sake of posterity, for this debate to be one of rather more quantity than quality. I will try to set a good example by being clear, precise and concise while I hope covering the relevant points.
It would be churlish to say that the Government or the promoter have laboured mightily and brought forth a mouse by spending several weeks mulling over what we should do with clause 1 and then deleting 95% of it. I also asked those advising us to have a look at it and they could not come up with much better than deleting most of clause 1. So there it is; that is where we are. There is broad agreement that the new slimline version of clause 1 is better than the old version, so I concede that point. There were technical and policy difficulties with the original version and the more that everyone looked into them, the more irreconcilable and unresolvable they became. Although the revised version is better, there are still problems. I will not ask the Minister to respond to those problems today, but do ask him at least to look at some of the concerns and to consider, perhaps before the Bill emerges in the other place, whether clause 1 does the entire job.
Rather than spend a long time outlining the problems, let me just give two examples. The Association of Housing Advice Services said:
“There is government guidance that requires councils to make a decision on a homelessness application within 33 working days (about 42 days). As an applicant is now threatened with homelessness as soon as they receive a section 21 notice, we must take the homelessness application at that point. Which means we will need to determine the application…before the S21 notice has expired and often whilst prevention work is still being undertaken. If we succeed in preventing”—
that is the local authorities—
“homelessness after the application has been decided, we have to formally end it with an offer of accommodation; which is unnecessarily bureaucratic as they (still) have somewhere to live. Currently if we are negotiating with a landlord, we can delay starting the homelessness application (as they are not yet threatened with homelessness) until that fails.”
However, Shelter says that
“in cases where the prevention assistance does not prevent proceedings or help find an alternative home, the amendment to Clause 1 would allow the local housing authority say that the applicant was not actually homeless right up to the date of eviction. Only homeless applicants in priority need are entitled to interim accommodation, so authorities would not be obliged to provide interim accommodation until the applicant actually became homeless, which could still be interpreted by local authorities as the date of the eviction.”
I am not saying that I entirely agree with either of those points, but they are worthy of consideration and are caveats to how the amended clause would run. They are not necessarily consistent with each other; indeed, in some respects they contradict each other. I just feel that we may not have resolved the fundamental issue with clause 1, although we have gone some way towards that.
My other concern relates to Government amendment 17 to clause 1, which refers to a “valid” section 21 notice having been served. What is a valid section 21 notice? I earned quite a lot of money arguing over that for a number of years, but in the end it was not my decision—it was the judge’s decision as to what would be valid. In this case, I assume it will be the view of the local authority, but will it be correct and does it have the full facts on which to determine what is a valid section 21 notice? These things can be quite technical and complicated, and there is a body of case law, not surprisingly, as a no-fault eviction, which is what the section 21 notice is all about, behoves representatives and courts to look even more closely at the technical side of the matter.
Notwithstanding what the Minister said about section 8 notices, the new version of the clause does deal with section 21 notices. Again, these are technical legal points, so rather than the Minister responding today, he might want to go away and reconsider them before Report or even before the Bill goes through the other place. I was not entirely persuaded as to whether there is some inequality between the serving of a section 21 notice—a no-fault process—and a section 8 notice. Of course, there are other types of tenancy as well, some of which are less secure than assured shorthold tenancies, which can be terminated by a notice to quit. Where do they stand? Given that the Bill does not deal with the myriad tenancies under housing law, but with anyone who is made homeless, we need to able to deal with those matters comprehensively. I entirely understand the problem of trying to draft something that deals with section 8 notices as well as section 21 notices, but nevertheless we need to hear a little more at some stage about how the clause will impact on those tenancies—a minority, probably—that are terminated other than by a section 21 notice.
Will Quince
Having seen the announcement from the Government for the £48 million, I was surprised to see the response from the LGA. I expected its response to be, “It’s not enough. It’s never enough. It cannot possibly be enough.” In fact, its response was the opposite. It agreed fully with the Department’s methodology, which is a huge credit to the Minister and his departmental officials. Why does the hon. Member for Hammersmith suggest it is not enough? The LGA has only said that the measure should be reviewed in two years’ time, two thirds of the way into the three-year funding formula.
Andy Slaughter
We can all read the statements in the way that we wish to. Everybody wants the Bill to succeed. In the statements made not just by the LGA but by London councils and non-governmental organisations, I detected a sigh and a comment that seemed to suggest, “We hope this will succeed”. I did not see anything in the LGA’s statement or any other statement that said the funding was sufficient. The LGA’s statement welcomed the Minister’s comments in Committee that the Government wish to fully fund the Bill. I do not think it specifically said—hence the comment on review—that that was necessarily going to be the case. Let me rely on my own counsel rather than the LGA’s in this matter. I am simply raising our concerns.
It is difficult—I will concede this to the Government—to come up with a figure, because we are in new territory. I appreciate that. That should be an absolute reason why the Government should adopt the view of the LGA and agree to a review. Perhaps the Minister will say whether we will get a review. If it is right that none of us can be absolutely certain, we need to know, within the time that the money is still being paid out, which is effectively one to two years, whether the money will be sufficient.
David Mackintosh
It is fair to point out to the hon. Gentleman that the Department for Communities and Local Government yesterday circulated to local authorities and us the background behind the funding of the new burdens for this Bill, which includes quite a lot of information about the assumptions. It talks in great detail about Wales, where there was a 28% increase in cases, and works out a sensible assumption for England. It is helpful to point that out to the Committee. I wonder whether he has seen it.
Andy Slaughter
Of course I have seen it and read it. I was slightly surprised that it appears to have come personally from the DCLG statistician, rather than the Minister. I do not know whether that is to allow the Minister, if it all turns to dust, to say, “Oh, it was just some functionary who produced that”—[Interruption.] Let me take the points one at a time.
First, there is the matter of quantum. Although we do not have absolute figures, because we are in new territory, all the indications so far—I quoted some of them earlier—suggest that £48 million is not going to touch the sides. I am sure the responsible Minister saw the article in “Inside Housing” on 21 December, in which a number of councils volunteered what they think it will cost them. Lewisham, for example, said it would cost £2.38 million per year and Ealing said it would cost £2.55 million per year. AHAS estimated, and I think the figure has increased since then, that the 32 London boroughs will have a combined bill of £161 million in the first year, which is substantially in excess of £35 million.
I appreciate that even in the two pages of methodology there has been no attempt yet to divvy the sum up among authorities, and I think one can anticipate that London authorities are going to get a larger share than some rural or district authorities. Nevertheless, there is such a disparity between what the professional bodies and local authorities have estimated and what the Minister has provided. It is, shall we say, unlikely that it is going to fully fund, even in the first year, the local authorities’ new responsibilities.
Mr Jones
We do not recognise some of the very high figures that have been quoted. There is a lot of misunderstanding about what is within the scope of the Bill and what will be within the new burdens. There is also the question whether the savings that will offset the costs have been taken into account. Has the hon. Gentleman done any homework and asked the local authorities in question whether they have considered those issues?
Andy Slaughter
The Minister is getting ahead of me. I am dealing simply with quantum now. I will come on to the methodology next and the savings as a third point.
There is an estimated gap of nearly £200 million by the end of the decade in local authorities’ current homelessness provision. If one looks at the fact that London boroughs spent £633 million in the last year for which figures were available—2014-15—on temporary accommodation, including £170 million of their own funds, and the fact that they are already subject to substantial reductions in funding, I am not surprised that they are very concerned about that. That is purely on the issue of quantum.
On the issue of methodology, I am not sure how far it takes us. Although something is better than nothing, I found it a slightly odd way of presenting the background information. I would like to see a full impact assessment. I appreciate that we may need to wait until we know exactly what the Bill is going to do. There may need to be a review of provision—the methodology concedes that—but once we know how the sum is going to be broken down, I would like to know exactly how the Government can justify their claim that this will be new burdens funding and that it will be fully funded.
On the issue of savings, of course we all hope for savings, not only cash savings but savings in human misery, bureaucracy and unnecessary action. I am, however, less sanguine than the Minister about the fact that that will all be resolved in one to two years. In part I say that because much of what the Bill will do is to encourage what we have often heard called a culture, a culture of local authorities doing more by way of prevention. Yet in a lot of the busiest authorities, prevention work is done—in 80% of cases in Camden, for example—so quite a lot is going on, and I am not persuaded that we will see an immediate culture change, or that that culture change will produce savings.
Savings are likely to come by averting homelessness for priority need cases, because that is where the substantial burden of cost comes. At the moment part of the point of the Bill is that a lot of local authorities are not taking their responsibilities seriously in relation to non-priority need cases. Thereby, if we simply see an increased focus on those cases on which there is not current expenditure, or people being turned away, I do not quite see where the savings are coming from or where the supposition comes that within two years there will be nil cost to local government. To be perfectly honest, I just do not believe it.
We could sit here all afternoon saying, “We think it is”, or, “We think it isn’t”, but surely the sensible course is to have an early review to see whether the LGA’s caution or the Minister’s option is justified.
Mr Burrowes
I want to encourage an optimistic view, perhaps even a realistic one. The Welsh choice led to that 69% decrease in the first year. I understand that the assumption in the figures we are discussing is for a 30% decrease in homelessness, but is that not seeking simply to follow the Welsh model, which is a great success? The shadow Minister, however, says that there will be hardly any reduction or savings. He cannot say that. What is his concern with 30%? Is 30% too optimistic? Where would he say there will be reduction?
Andy Slaughter
The principal way in which a case could be resolved in Wales was by finding accommodation. We have been talking about Westminster for half a day, and we know that for the authorities with the most pressing housing need, finding accommodation is virtually impossible. It is not impossible in Wales; it is virtually impossible in many London boroughs. Resolving those issues will be expensive in any event—there is a higher cost attached, whether it is to mediation, landlord incentive, deposit schemes or whatever—but there is also less ability to do anything, so it will take more time and be more difficult to do. So yes, I am pessimistic about it compared with the situation in Wales.
If we do not know the answer, let us make sure that we build in a mechanism to ensure that we do know. I am sure that the Scots will agree with this, even if Conservative Members do not, but we do not want the initiative to fail, and certainly not for lack of resources. I will be delighted to make a public statement of having been totally wrongheaded about this if it turns out that within 18 months there is no additional cost to local authorities under the provisions of the Bill. At the moment, however, I am somewhat dubious about that. The Minister may call my bluff simply by agreeing to what the LGA wants.
Mr Jones
The hon. Gentleman talks about 18 months’ time. Does he accept that the chances are that, in 18 months’ time, we will have only a matter of months’ worth of evidence on the effect of the policy and the costs and savings from it? It needs to be looked at over a longer period. The LGA is saying two years, but that is not 18 months.
Andy Slaughter
I said 18 months because the money runs out in two years, as a maximum, but if the Minister wants to say two years, let us say two years.
My final point is one that I suspect the Minister has heard before. It is difficult to look at the Bill, especially the funding element of it, in a vacuum. There is a supply crisis, which is why my right hon. Friend the Member for Wentworth and Dearne (John Healey) urged the Government before Christmas to make additional properties available that were dedicated to relieving rough sleeping. Supply is a many-headed issue, but there is a specific issue about rehousing those who are in a particularly vulnerable position.
Mr Jones
The right hon. Member for Wentworth and Dearne may talk a good game, but the Government are playing one. We are putting in place move-on accommodation, and we are going to spend £100 million on providing 2,000 places for the very people that the hon. Member for Hammersmith is talking about. Does he welcome that?
Andy Slaughter
I gave way to the Minister because he was so insistent that I thought he had something new to say.
Supply is an issue, and so is security. We know—Government Members have said it today—that the biggest cause of homelessness is ending private sector tenancies, because of the opportunity for “no fault” possession and because of rising rents and landlord attitudes. Our very sensible and moderate proposals for longer tenancies and for controlling rents would be a major way of controlling homelessness. The Government cannot ignore their own actions in relation to local housing allowance, the benefit cap and all the measures that we have heard mentioned today. I pray in aid Westminster City Council and other Conservative authorities, which are saying that they cannot cope because of the additional pressures that the Government are putting on them. Those pressures go right across the board for local authorities.
I will not labour the point. I simply say that the Government need to take a holistic approach and say, “Yes, of course we want the Bill’s provisions to work and we want to fund them properly.” However, we cannot do only that. We have to look at where the accommodation is going to be, at why people are increasingly coming to local authorities—there has been a substantial, 40% increase in the use of temporary accommodation over the last four years—and at the effects of other policies that are directly contrary to the intentions behind the Bill. I put that on the record. The question of money relates not just to the specific matters raised in the Bill, but to how the system works as a whole. At the moment the system is creaking incredibly. It is not getting better; it is getting worse.
Michael Tomlinson
I begin by picking up on one or two points from the hon. Member for Hammersmith. On a positive, optimistic note, let me start by saying what I agree with in his analysis of clause 1. He mentioned several other forms of tenancies, such as less secure tenancies; perhaps he could also have mentioned licences or those that are subject to a notice to quit rather than the more strict section 21 notice or court procedure. I agree with his analysis on that point. There are a wide range of tenancies that could have been encompassed within the clause but are not. I suspect that his analysis is right: that that is because of the sheer difficulty of juggling all the different potential tenancies. Look at the different Acts that we have to deal with, and that he had to deal with when in practice: the 1980, 1985, 1988 and 1996 Acts, all with varying levels and layers of interplay. I suspect that is why we find clause 1 drafted as it is.
I agree, to that extent, that as drafted and certainly as amended, the clause does not encompass a wide range of different forms of tenancy, especially those less secure. I will come back to section 8 and its interplay with section 21. However, I take issue with the hon. Gentleman and other Opposition Members on criticising and being too antagonistic towards no-fault notices and that regime. I agree that it is desirable to have as long-form tenancies as possible and I was heartened by the Minister’s submission that confirmed that the average tenancy is four years. The Minister is nodding, so I heard that correctly.
Of course, that is not the whole picture but four years is a significant period. My concern, if no-fault tenancies are simply swept aside or undermined, is that landlords and potential landlords will be put off purchasing and letting out properties, so we would be in a worse position. That is a concern that the hon. Member for Hammersmith and his colleagues should look out for if they seek to undermine no-fault tenancies and those who are, on the whole, perfectly good, decent landlords, as we heard this morning. I will pick up later the points the hon. Gentleman raised on finances and his self-professed pessimistic view on life. I will encourage him to have a slightly rosier view by the time my speech finishes. Whether I succeed is another story. I see he is busy looking at his papers.
I start with sounding alarm bells on what the Minister mentioned in relation to finance of further potential burdens on local authorities. I mentioned earlier that I had had meetings with East Dorset District Council. My constituency covers three local authorities—East Dorset, Purbeck and Poole—and each will be concerned about additional burdens if additional resources do not match them.
I want to come back to finances but I was heartened by the reassurance that, if there are to be further amendments—as we understand there will be on Report—there will be an opportunity for additional funding. I simply ask that the Minister, as he has done at this stage, gives an early indication when the new clause is considered on Report of the level of funding he assesses as necessary.
I support the principle of clause 1 but my concern relates to notices given under section 8 of the Housing Act 1988. Although amendment 17 looks like it offers a neat proposal, in fact it sweeps away any reference to a valid notice being given under section 8. The Minister began to give an explanation of why notices given under section 8 are to be swept away, but I fear he did not give us as complete an answer as he may or should have done.
Section 8 notices are important. As the hon. Member for Hammersmith noted, section 21 notices are no-fault notices, whereas section 8 notices are given where there has been fault, where there has been a breach of a tenancy agreement. Section 8 notices are divided into two parts: mandatory and discretionary. If an allegation that a tenant has breached a mandatory obligation is proved, a judge as of right will give a possession order. That is the mandatory part of the notices given under section 8. If it is an allegation under the discretionary part, there is discretion as to whether a judge would make an order for possession. I therefore fear that throwing all section 8 notices out might not have been as wise a move as it looked, because what section 8 and section 21 notices have in common—at least partly—is that they may inevitably lead to a possession order.
Although I note the reasons that the Minister gave for keeping section 21 notices in—they are mandatory, and it is all but likely that they will lead to a possession order in any event—those reasons also apply to the mandatory part of notices given under section 8. Take arrears of rent: if there are two months’ worth of arrears, both when the notice is issued and when the matter arrives at court, a possession order is mandatory, as it is in a no-fault procedure in relation to section 21.
However, I take on board what the hon. Member for Hammersmith said: there might still be a dispute about whether the correct notice has been given under section 21. I have stopped practising—I understand he has, too—but since October 2015, there has been a new regime for section 21 notices. They now have to be done on a mandatory form, whereas under the old system, when I was practising, there was no prescribed form for what a section 21 notice looked like.
I fear that throwing out all section 8 notices narrows things down too much, which is potentially unhelpful for those who inevitably will end up homeless. That is the thrust of clause 1 and why it has been devised: to help those who inevitably will end up homeless by inserting into section 175 of the Housing Act 1996 a change to the definition of homelessness. If it is inevitable that an individual—a tenant—will end up homeless, it is worth looking again at whether the mandatory parts of notices under section 8 should still fall into clause 1 as well.
We all want as many people helped as possible. I said I will come back to finance, but it is relevant in this instance as well. The more people who are helped earlier, the more it will help with the costs to them, local authorities, and housing associations or anyone who needs to take proceedings in court. It will also help in respect of the human cost. My understanding is that the clause’s intention is to help people who are inevitably going to end up homeless, so I ask the Minister and my hon. Friend the Member for Harrow East, the Bill’s promoter, to address this point: why have all section 8 notices been taken out, instead of retaining just the mandatory ones, where it is all but inevitable that a possession order will be granted?
I want to make a related point that shows the complexity of the Housing Acts. Perhaps at some stage a Government will be bold enough to look at a consolidation Bill—or perhaps not. Section 89 of the Housing Act 1980 is still in force. It relates to pleas of exceptional hardship, but that would only delay possession and not stop it. It is not a defence; it is only a mechanism to delay the inevitable. Even with that in place, it is still inevitable that people will be made homeless, and therefore help should be provided at the earliest opportunity.
Mr Burrowes
We are grateful for my hon. Friend’s expertise on this issue. He has spoken about section 8, but section 7 is also not part of the amended clause, so should further consideration be given to including section 7?
Michael Tomlinson
May I clarify that my hon. Friend means section 7 of the Housing Act 1988?
Michael Tomlinson
Section 7 is important, because it states whether possession is mandatory or discretionary. It refers to schedule 2 to the Act, which has 17 parts, the first eight of which list mandatory grounds for possession. The ninth to 17th grounds for possession are discretionary. Section 7 of the 1988 Act, which, if I understand correctly, is what my hon. Friend referred to, is what distinguishes between mandatory grounds and discretionary grounds. I can see he looks slightly puzzled, so perhaps he means something else. If he did mean section 7 of the 1988 Act, it gives effect to schedule 2 and a body of law. Part I of the schedule sets out the mandatory grounds and part II sets out the discretionary grounds. It effectively feeds into notices given and possession proceedings under section 8 of the 1988 Act.
Helen Hayes (Dulwich and West Norwood) (Lab)
I would like to take this opportunity to comment on yesterday’s long-awaited announcement of funding for the Bill. The first thing to say is that the lateness of the announcement combined with its lack of detail is somewhat at odds with the cross-party spirit in which the Bill is being brought forward. All members of the Committee want major reform of homelessness legislation, so that it has a transformative impact on homelessness, but Opposition Members have always been clear that the Bill’s success will depend on the Government’s commitment to resourcing the new burdens in the Bill realistically and properly.
I am concerned about several aspects of yesterday’s announcement. I want to put those concerns on record, and I hope that the Minister will respond to them. First, the Government must publish more detail on the formula and the assumptions used to calculate the funding commitment. How does that commitment relate to local authorities’ estimates of costs? The briefing states that it does relate to them, but does not say how. What are the assumed activities that it will fund?
A number of the Bill’s clauses change the way that local authorities will work with applicants who find themselves homeless, but the funding announcement does not make explicit the nature of the activities that the money is expected to fund. The briefing talks about an increase in cases, but does not say how local authorities’ activities will differ under the new prevention duty. It is based on the assumption that practice will change and that local authorities’ workload will increase, but I am simply not sure how that detail has been worked through. How do the new activities that local authorities will undertake under the new prevention duty relate to an increase in applicants, who may come forward earlier in the process? How are those two dynamics flushed out in calculating the funding? How does the funding commitment take into account regional variance in cost and, in particular, the much higher costs faced by London boroughs?
From what I can tell from the detail behind the announcement, there appears to be an assumption that most of the additional money will be spent on administration and officer costs, not costs related to, for example, supplementing somebody’s rental payments in order to sustain their tenancy during a period in which they are working through a benefit sanction. We need to understand that, because local authorities need to understand how the funding can be applied practically, and whether it is enough to make the difference we want.
It is important that the Government publish the distribution of funding across the country, by local authority, as soon as possible. On the face of it, if the funding is evenly spread, which I do not think it will be, £300,000 will be allocated per council area. If that is the distribution, or if the distribution looks anything like that, that is of great concern to me. It is significantly less than the sum—possibly considerably more than £1 million—allocated to the London Borough of Southwark under the trailblazers programme. That sum was presumably what the Government believed Southwark needed to undertake that work as a trailblazer. We need to understand how the distribution will work across the country and how it will relate to local authorities’ calculations about their additional costs.
Finally, it is of some concern that the Government’s announcement shows funding for two years, but none at all for the third year. While the Bill is clearly intended to reduce costs and homelessness, the desperate shortage of genuinely affordable housing, in London in particular, and the need for other measures—such as, in my view, tenure reform of the private rented sector—to help to reduce homelessness, it is at least possible, if not probable, that the reduction in costs and homelessness will not be entirely achieved within the first two years.
Without a commitment to looking again at funding beyond the first two years, and to fund local authorities as needed beyond that period, this really does not look like a long-term commitment from the Government to sorting out homelessness; it looks like a headline announcement to tick a box that says that the Government have fulfilled their pledge to fund the new burdens in the Bill. I am concerned that, having received the announcement very late in the day, we are left without time to consult properly with local authorities at a detailed, fine-grain, local level, or to scrutinise properly the level of funding, what it will fund and how local authorities have worked that through. Without that, I am concerned that this funding commitment simply lacks credibility. I therefore ask the Minister to confirm the funding arrangements beyond the first two years, and to come back with the further detail I have requested.
The lateness of the announcement, combined with the announcement we will receive and further amendments to the Bill on Report, somewhat undermine effective scrutiny of the Bill. Scrutiny, particularly of a Bill that commands cross-party support, is about strengthening legislation and making it as good and effective as possible. It is an important process from which the Government have nothing to fear. I regret that we have received this information so late in the day that the Committee, members of which have such a significant amount and depth of knowledge of homelessness and the process in the Bill, has not had the opportunity to scrutinise and debate it in greater depth. I therefore hope that the Minister will provide additional information as soon as possible, and that on Report we will have an opportunity to debate and scrutinise the clause with the benefit of further input from local authorities.
I represent two local authorities, Lambeth and Southwark, which are at the forefront of the intensification of the problem of homelessness. They are both under extreme pressure from the growth of homelessness in recent years, and are both doing the best they can on this significant set of challenges. Both authorities welcome the principle and intention behind the Bill, but they cannot be expected to work miracles. They need the Government to put the resources into officer time, and the funding necessary to mitigate and prevent homelessness properly within existing arrangements; into the provision of more genuinely affordable housing; and, perhaps more importantly than anything else in the very short term, into the reform of the private rented sector, so that authorities do not feel the pressure of successive no-fault evictions under the section 21 process presenting at their door.
Will Quince
I support clause 1. Extending the period for those threatened with homelessness from 28 to 56 days is one of the Bill’s core elements, and it will make the biggest difference.
I very much welcome the clear definition of tenants as homeless once a valid section 21 notice has expired. I have been one of the largest critics of local councils that routinely dish out the advice to stay in a property until the bailiffs arrive. I have had numerous people come to my constituency surgeries who have reached crisis. They went to the council at the first available opportunity, when they knew they were getting into difficulty—they were getting into rent arrears or had complex needs, as the Minister pointed out earlier, or problems such as relationship breakdown—and their landlord was looking to end the tenancy, but they were told at that point by the local authority, “Stay in the property. Come back to us when you’re in crisis—the point at which the bailiffs are knocking on your door.” I have raised concerns about that for numerous reasons. Apart from the financial pressure it puts on that family, there is a huge social cost to them as well. I have two young children, and I cannot imagine what that is like.
I had a call recently from a constituent who told me that the bailiffs were at the door, and because she would not let them in, they smashed the window and tried to encourage and coax the children to open the door while she was not looking. That will stay with those children forever. If local councils are giving out this advice, it is disgraceful.
Mrs Flick Drummond (Portsmouth South) (Con)
Does my hon. Friend agree that that approach discourages landlords from taking in people who may be on benefits, which reduces the number of houses available to them?
Will Quince
My hon. Friend is right. The reputation of local housing authorities among landlords is, in my view, at an all-time low, because of the approach that those authorities are taking to section 21 notices—not all of them; many are very good, but some take this approach, and it leads to terrible reputational damage among landlords.
For the first time in our nation’s history, there are more private-sector lets than social lets. The role of the private sector is vital, but we may undermine that by the approach we take with local authorities. If I were a landlord, would I take someone who is on social security benefits, or recommended by the LHA? I do not know the answer to that, but if there were other options, I probably would take them. At the moment, because of a shortage of housing supply, and because of the demand, landlords have other options, hence we see rent increases. The advice to stay until the bailiff arrives is not good advice in nearly all instances.
Michelle Donelan
Does my hon. Friend accept that failing to act early not only hinders our ability to combat homelessness but allows complex needs and problems to escalate over time? Many charities in my constituency have echoed the message to me that the quicker we act and the earlier we get in, the less those needs will escalate and develop. That will save the NHS, local authorities and other sectors money in the long run.
Will Quince
My hon. Friend is right to suggest that prevention is always better than cure, but there is also the question of rewarding the right kind of behaviour. We want to encourage people to come to us at the earliest possible opportunity, when they are not in crisis but can foresee a risk of homelessness. Then we can take the most appropriate action. She is right to say that at that early opportunity people have options, but when they reach a crisis they have few, and they are expensive.
To return to the point about which I am concerned, I hope that the Minister can give me comfort on the Government amendment, because this is important. As I have said, I am the first to chastise local authorities or housing authorities that routinely advise tenants to stay in the property, for all the reasons I gave—I recently met representatives of my local housing authority, and I have been a critic of it—but on occasion, that can be the right advice. A hypothetical example might be a local authority that has no option but to rehouse a family out of area that week; it might work with the landlord, and say, “I understand why you have done what you have, that you would like them to leave, and that you have served the section 21 notice, but we are happy to cover the rent, if you are happy for the tenants to stay there for three more weeks, when we know there will be a more suitable property locally.” My concern—this is why I like the original wording—is that we should include conditions in which it could be considered reasonable to stay until the expiry of the possession order.
Michael Tomlinson
I invite my hon. Friend to look at my submission on section 8 notices. As he has acknowledged, section 21 notices are no-fault notices, and what he has described, rightly and properly, are cases where tenants have fallen into arrears of rent, which would ordinarily come under a notice served under section 8. If there are sufficient rent arrears, that is a mandatory ground, and therefore homelessness is inevitable, and the case should be caught by the clause. Does he agree?
Will Quince
I absolutely agree with my hon. Friend, who makes a valid point based on his experience and practice. I hope that the Minister will answer those points.
My hon. Friend the Member for Chippenham made a good point about emphasising early intervention. The clause encourages those at risk of homelessness to seek advice at the earliest opportunity, and I worry at the moment about the advice being given to local authorities. This advice disseminates quickly across local authority areas so people know that is being given out and it discourages them from going to the local authority. For example, first and foremost, they will often go to their Member of Parliament, the local council or a citizens advice bureau. If they say the likely advice from the council is this, they will be reluctant to take it. As my hon. Friend rightly said, the crisis point is far too late. We must intervene earlier, which will lead to far fewer people reaching a crisis.
Finally, I want to touch on funding. I was pleased about the funding announcement. As the hon. Member for Dulwich and West Norwood rightly pointed out, it would have been helpful to have it sooner, but nevertheless it was useful to have it before this sitting. I welcome the £48 million and, as I mentioned in an intervention on the hon. Member for Hammersmith, I was interested to read the LGA’s response because, given the fact that it is a membership organisation representing local authorities across the country, I was expecting its response to be, “It’s not enough money.” I expected that response whatever the sum was.
It is hugely to the credit of the Minister and the officials in his Department for using the methodology that the LGA concurs, rightly in my view, is the right one and hence why a rather bland statement does not question the amount of money. It would certainly be worthwhile to review it after two years. Nevertheless it was somewhat disappointing, given the reaction of the LGA, to hear the response from the hon. Members for Hammersmith and for Dulwich and West Norwood. There is no indication from the membership body of local authorities—which, incidentally, will be the LHAs implementing the Bill—to suggest that the funding is not sufficient.
Mr Burrowes
Good authorities are already, before the legislation is in place, fulfilling the mandate to do a lot of prevention, so they will welcome the fact that they will now have a lot more money than before.
Will Quince
My hon. Friend makes an important point. He is right to suggest that good local authorities up and down the country are already doing a lot of this work, which eats into other budgets, so for them this is very valuable. We know there will be a transition, training requirements and a cultural change within organisations. LHAs—I spoke to my LHA only last week on this very point—do not want just to implement the Bill in full; they want to do it well. They want to make sure it works and they want emphasis and focus on prevention.
I very much support the clause, but I would like some reassurance from the Minister that there will still be flexibility in the advice, particularly in relation to ending a tenancy via a section 21 notice.
David Mackintosh
I share some of the concerns that have been raised about the timing by the hon. Member for Dulwich and West Norwood and my hon. Friend the Member for Colchester. I also share my hon. Friend’s view that the LGA has put forward a much more positive response than anticipated. I agree that there should be a review of the funding formula going forward and I also agree with some of the comments by my colleague on the Select Committee on Communities and Local Government, the hon. Member for Dulwich and West Norwood, that the Bill alone will not solve some of the homelessness issues. The Select Committee recently had evidence sessions with the Director General, Housing and Planning, and questioned her on some of these issues. She rightly pointed out, as I am sure will the Minister, that the Government are planning to publish very soon a White Paper on housing, which may address some of the issues that my colleague on the Select Committee raised. They are valid points, but will not necessarily be addressed in the Bill.
Moving on to the amendments, I am pleased that they have been raised. They help to prevent some unintended consequences. For example, amendment 16 will help to prevent the trauma of people and families being forced to wait for a local authority to get involved and a bailiff to knock at the door, as outlined by my hon. Friend the Member for Colchester. In my experience, the sooner a council can start helping, the more help can be offered without a long-term effect on people’s wellbeing or credit rating because of county court judgments. We have heard about that throughout our discussions.
I worry about the effects that we see under the current rules, including tenants being served with eviction notices. I am sure that all hon. Members have dealt with families who have contacted them when faced with eviction, which often comes out of the blue, and as well as the practical challenges there is also huge trauma for people to deal with. They face having to leave their home and often their community or social support networks, perhaps without much notice, and then they face being told by the council that they cannot be helped until they have been physically evicted.
Therefore, I am pleased that amendment 17 allows those households that have received an eviction notice, even if it has not expired, to be treated as “threatened with homelessness”, thereby coming under the duty on local authorities to prevent the household from becoming homeless, as we discussed at length when we considered clause 4. This is a really positive step forwards that will make a huge difference in the future to people facing eviction.
As for the rest of the clause, when the Communities and Local Government Committee started looking into homelessness, we developed a clear idea of things that could be done to help to prevent homelessness. Indeed, other work that has been done by the all-party group on ending homelessness has also fed into the hopes and aspirations that the law will be changed.
However, I must confess that things have moved much faster than I had imagined and we now look forward to this Bill becoming law—hopefully. The Bill being chosen by my hon. Friend the Member for Harrow East has propelled this agenda forward so much quicker than we could have hoped. I am grateful that that is happening, but I also have some questions for the Minister about how the Bill can be implemented, which I hope he can address in his response.
How can local authorities cope with this sudden change in legislation when the Bill becomes law, as anticipated? What lessons can we learn from the changes implemented in Wales and what detailed measures are being put in place to ensure that that best practice is spread as far and wide as possible? How fast can training be put in place, not only for local authority staff but for other staff in the public sector, so that they can properly understand these big changes in the legislation and any new responsibilities they might have to refer people at risk of becoming homeless? Also, I urge the Minister to talk to his counterparts in other Government Departments, to make sure that they are aware of these changes and that that knowledge filters down through them.
Michael Tomlinson
I note my hon. Friend’s comments and he has confined them specifically to section 21. I hope that he heard my suggestion about section 8 notices; it may be that there is some policy reason why it cannot be done. However, does he agree that this issue should at least be looked at again, to check that for the mandatory grounds—where possession of a property is all but inevitable—there is a good reason why those section 8 notices should not be brought back in relation to clause 1?
David Mackintosh
I am grateful to my hon. Friend for raising this issue and I did indeed hear the argument he made so eloquently earlier. I am sure that the Minister and his officials also heard it, and that this issue will be looked at properly before we move forward. It is important that we consider all the options available. We have spent a lot of time in Committee debating matters, but I know the Minister is still considering some of those ideas.
As for this clause, I strongly welcome the relative speed at which things have developed, from the Select Committee inquiry to—I hope—a change in the law, and I look forward to hearing the Minister’s update on how he can consider implementing in the future some of the changes that we have discussed.
Mr Burrowes
This clause goes to the heart of the concern that led to this Bill, namely the reality that the Select Committee and others have identified, which is that the termination of assured shorthold tenancies has become the single biggest cause of homelessness. While we can talk about the issue of the supply of affordable homes, we must go to the heart of this problem and this clause seeks to do so, in a more flexible way than other measures.
I will just talk about where support can come from and where it can feed into the issue of the supply of affordable rented homes. The Select Committee itself drew attention to the response of the National Landlords Association to the draft Bill. The association said:
“There are numerous reasons why a landlord might be reluctant to let their property to such households, but in the NLA’s experience they can generally be summarised as ‘risk’”.
Clause 1, as amended, will provide a positive move to reduce the risk to which landlords are exposed, therefore increasing their confidence in letting to vulnerable tenants. In my borough, and no doubt in other boroughs as well, the supply of homes available for rent to those on benefits, and particularly to those who are homeless, is decreasing. Unless there is supply, we will struggle to fulfil all our ambitions for the Bill. The amendments will help.
Michael Tomlinson
I am grateful to my hon. Friend for his support on this. If there is a substantive reason why section 8 should not form part of clause 1, so be it, but he raises an important example. He mentioned antisocial behaviour, which in fact will fall within the discretionary grounds that are often relied on alongside a lesser outstanding rent. Where two months’ rent or more is outstanding both at the time of the service of the notice and the time of arriving in court, that falls under the mandatory grounds. It is worth looking at it in the round.
Mr Burrowes
Yes, and I look forward to hearing the Minister do that for us. Plainly, the essence of clause 1 is to prevent various local authorities, advice centres and indeed Members of Parliament from being complicit in a failed system by saying simply, “Sorry, nothing can happen until the bailiffs knock on the door.” We are dealing then with crisis management rather than with any kind of prevention. The trigger is the important element. Amendments 16 and 17 seek to change the trigger from an expiry notice under section 21 to the serving of the notice. I know that that has been particularly asked for and welcomed by the Association of Housing Advice Services, which has wanted to ensure early opportunities for prevention.
It is also worth recognising that there are some noises off. Not everyone agrees, as my hon. Friend the Member for Harrow East will know. Indeed, such noises off have come his way—and the Select Committee’s way—from his local council. Harrow Council says:
“If applicants are to be considered as homeless as soon as they receive a notice, then local authorities are not going to be able to prevent homelessness…There are at least 14 reasons why a s.21 notice can be invalid and homelessness can be prevented even after a court order using the legal processes and negotiations with a landlord.”
That draws on some of the concerns about the question of a valid notice. The word “valid” was also in clause 1 as originally drafted. No doubt the advice of lawyers and others says that one has to have that word and notices have to be valid. I would nevertheless be interested to hear from my hon. Friend, because his council has expressed concern that notices can be used in a lot of ways.
I understand that notices now cannot simply be used for administrative expediency. There was a time when section 21s were served pretty much when the landlord arrived at the door, as a way of covering all bases. I understand that that has not been allowed since October 2015, but a landlord may try it on, so it is worth ensuring that that bad practice is not allowed, that landlords do not abuse the essence of this trigger and that the notice has proper validity, if I can use that word, and applies genuinely. Section 21 notices have a wide application. Obviously, such a notice being served does not necessarily mean that there is a danger of homelessness, but they will allow the prevention duties to be put in place.
I also want to highlight some of the caution expressed by Crisis, which has been involved in the Bill from an early stage. I understand that Crisis had reservations about amending clause 1. In its briefing note—this draws out the comments made by my hon. Friend the Member for Colchester about his campaign against a crisis-management approach on receipt of a bailiff notice—it says that the removal of clause 1(2) will preserve
“the status quo—meaning that local authorities should follow the existing Code of Guidance which clearly states that households should be considered homeless if they approach the local authority with an expired section 21 notice.”
The amendments will therefore perhaps leave the door open for local authorities not to follow good practice and for people who are considered homeless being put back in that situation. We need to nail that down and ensure that all authorities are signed up to and delivering on the codes of guidance, empowered by their statutory form, as well as revised clause 1.
On funding, it is worth giving the Minister and the Government a little more encouragement and support. Frankly, without the Bill—I pay tribute to my hon. Friend the Member for Harrow East—we would not have got the extra £48 million, which we should really welcome; it is a significant amount of money. As we have all said from the very beginning, the Bill will not solve homelessness on its own, but it is an important tool in the box and encourages the good practice that is out there to be spread among councils. As I said earlier, good councils will welcome the incentive to do more of what they have been doing with existing funding, and the councils that are not doing anything will be encouraged with a carrot and stick approach. The Minister will no doubt use his codes of practice tool as well as some carrots, including funding, to say, “Get on and do what we all say should happen.”
There should be broad agreement for the additional money, which is welcome, but I recognise the context in which the funding is provided—the LHA freeze and the benefits cap implications. I represent a London constituency that has a deprivation profile that is going in the wrong direction and does not fit in with what we await as a new fairer funding formula. We are going in the wrong direction in being able to catch up with the demands on our borough, not least given the lack of affordable housing. I recognise that context, but the funding should be broadly welcomed none the less.
A lot of figures expressing doom and gloom and fear around the funding implications of the duties in the Bill were thrown around on Second Reading, which I think was based on a reading of an old draft Bill rather than the new position. My local authority joined in with that. It is important for local authorities to be up to speed and to recognise that the Bill’s methodology is far removed from that in the Select Committee report, which was based on Bedford Borough Council’s methodology. That council said itself that:
“Using a simple extrapolation model based on the Council’s existing footfall and the range of tools currently available to the Council to prevent and relieve homelessness, the Council would see a tripling of its costs incurred in discharging the duties under the draft bill. This would see an additional £1 million of cost to the Council.”
Unless councils were looking at this carefully, they were making assumptions on funding, such as Bedford saying staffing levels would need to increase by 50%, or the Royal Borough of Kensington and Chelsea estimating that it would cost £1.22 million to comply with the new duty to assess and £2.37 million for the duty to help secure accommodation. I know time has been short since the ministerial statement, but it is important that local authorities look at the current funding in the context of the Government’s methodology, rather than relying on their simple extrapolation model.
Michael Tomlinson
Was my hon. Friend as reassured as I that the Government looked at funding compared with Wales, which already has similar legislation, and made assumptions on that basis? These are significant figures that are based on fact, rather than, dare I say it, just plucking out figures that sound rather inflated.
Mr Burrowes
Yes, and those costs were the exact homelessness spends by local authorities taken from the data submitted by local authorities on P1E forms that are used for the Government’s homelessness statistics. Research by Shelter and Acclaim also helped to inform the costs of prevention actions and of an acceptance. That, together with recognising that there are no doubt differential costs from area to area, is an important part of the reflection in the formula.
On the assumptions, I take issue with the shadow Minister, who took a very gloomy view. He cannot have it both ways. I still expect that there is cross-party support for the principle of the Bill and the fact that it will improve prevention, advice and support for those threatened with homelessness across the country. We cannot sign up to that, but say that is not going to have any effect. It is bound to have an effect over the number of years.
The Government’s assumption is that they will not simply go along in a simplistic way, as they perhaps could have done. Wales saw a 69% decrease in homelessness acceptances in the first year of having its legislation, although I recognise that there are differences in housing supply. We are going to get somewhere near that. The assumption is that there will be a 30% decrease in homelessness acceptances over three years. If the Bill has not led to a 30% decrease in homelessness acceptances in a three-year period, we will be really disappointed. We will not have done a proper job in passing a Bill that is fit for purpose and achieves that. Aside from the funding issue, if it has not practically done that there will be some serious questions to answer.
If there is not a review by the Government, no doubt the Select Committee will be asking some serious questions. If it does not achieve that, why not? It certainly should not come from a lack of funding, so we need to ensure that that is in place. The Government’s other assumption is that Wales saw a 28% increase in costs, so the sensible assumption for England is a 26% increase. That is a fairly reasonable assumption to make.
The Chair
Before I call Flick Drummond, may I say that the hon. Member for Enfield, Southgate has just spoken for 20 minutes? He did not rise in his place at the beginning of the debate, and it is quite difficult to run things unless one has an idea of where things are going.
This will probably appeal to Opposition Members. I will make a Chairman’s trade union point, which is to limit the amount of time the Chair can sit without having a comfort break. We have now been debating this clause for three minutes short of two hours and sitting for more than two hours. I thought we might finish at about quarter past 4 o’clock, but if not, it is my intention to have a comfort break. It does not seem as though people want to truncate their remarks. I cannot control the way in which this runs. Would the Committee like to have a comfort break now?
Mrs Drummond
Unfortunately, I have to leave at 4.15 pm because I am speaking somewhere else. I am happy to withdraw my contributions.
The Chair
I am very grateful. It is difficult if Members speak and do not have a chance to listen to the Minister’s response. In the light of that, will we finish by about quarter past 4 o’clock?
The Chair
I hope everybody is feeling suitably refreshed. For the avoidance of doubt, this Committee can go on sitting beyond the time that the House rises, so do not feel constrained, but I think it is reasonable that we take a break every now and again.
Bob Blackman (Harrow East) (Con)
Thank you for the comfort break, Mr Chope. I think Members on both sides of the Committee were ready for it.
As has been said, the Minister’s amendments have been the subject of something of a rollercoaster ride during the deliberations on the draft Bill and the Bill itself. Clause 1 in the original draft Bill was very different from the clause in the draft Bill that was eventually presented to the Select Committee. It was then changed substantially after discussion with the Minister and officials, and we ended up with the Bill that was passed on Second Reading. At that point, many concerns were raised by a large number of groups about clause 1 in particular. I thank all those who came along to see me, particularly towards the end of last year, to discuss the clause. They expressed their concerns and were willing to engage constructively, which enabled us to reach a solution that is acceptable to everyone. They include the National Landlords Association, the Residential Landlords Association, the local government sector—the LGA, London Councils and other local authorities—and homelessness charities including Crisis, Shelter and St Mungo’s.
The process has not been easy. The hon. Member for Hammersmith alluded to that in attempting to gain advice about how to propose amendments that achieve his aims. Given the various different organisations’ requirements, ensuring that we got something that works for everyone has been like squaring a circle.
At times, some of those groups’ interests appeared to me—and, it is fair to say, to the Minister and officials—to be almost irreconcilable. Local authorities said that they want clarity regarding their flexibility to try to save tenancies at risk and to facilitate moves into alternative settled accommodation directly from tenancies that are ending. That is essential if we are going to ensure that they prevent homelessness in as many cases as possible. Landlords and charities were concerned that applicants must receive proactive help so landlords and tenants do not face unnecessary costs and tenants avoid the distressing experience of eviction. It is the custom and practice of many local authorities up and down the country—particularly in London—when they are approached by individuals or families who are threatened with homelessness through a section 21 notice to say, “Go home, wait until the bailiffs arrive and then come to see us. Then we will try to resolve your problem.” As has been alluded to by my hon. Friend the Member for Colchester, one of the key concerns in such cases is that landlords incur court and bailiff costs, and the tenants incur costs and end up with county court judgments against them. In many cases, that also overloads—unnecessarily—the justice sector. We therefore have a real dilemma.
The concern expressed right from the start was that in many ways clause 1, without amendment, enshrines many of those bad practices. That was never the intention—it certainly was not my intention as promoter of the Bill. In this process we have therefore tried to ensure that we keep at the centre of our consideration the needs of those who the Bill will affect most: the people who are at risk of losing their home or those who have lost their home.
We have had the wide-ranging involvement of various groups affected by the Bill, in-depth discussions and consideration of potential impacts in order to determine a way forward. It is fair to say that we have looked at all sorts of ways to amend the clause to make it work in the Bill, and we have concluded that that is not the most practical way forward. The amendments tabled by the Minister offer a practical and achievable solution that I hope we can all support and which will be welcomed right across the sector.
Crisis made two points in its briefing that I will refer to. It supports the decision to remove clause 1(2) entirely, to preserve the status quo, which means that local authorities should follow the existing code of guidance that clearly states that households should be considered homeless if they approach the local authority with an expired section 21 notice. Under amendment 17, a household that approaches the local authority with an eviction notice that has yet to expire will automatically be considered to be threatened with homelessness. That will require local authorities to accept a duty to prevent the household from becoming homeless in the first place.
That is a vital aspect of the Bill. The intention in extending the timeframe in which a family or individuals can apply to their local authority for assistance is to ensure that the local authority and the applicants use that time as effectively as possible to prevent a family or individuals from becoming homeless. The risk we have with clause 1 without amendment is that some local authorities—I will not single any out—notwithstanding the fact that they could intervene, would not do so until such time as the family or individuals became homeless.
Michelle Donelan
Does my hon. Friend acknowledge that the amendment will simplify the Bill? The initial feedback was that the Bill was far too complicated, and we are now working towards a more simplified Bill that will be easier to roll out.
Bob Blackman
Simplifying Bills is always good news. One of the things we originally set out to do was provide detail where required but simplify processes wherever possible. It is fair to say—I ask the Minister when he responds to the debate to make this clear—that we will look at operation in practice. If local authorities are not following both the letter and the spirit of the law, in any code of practice we introduce we will ensure that there are appropriate measures to enforce that, to ensure that local authorities do honour their duties on the concerns rightly raised throughout the Committee.
Michael Tomlinson
My hon. Friend has mentioned private landlords, but he has not as yet mentioned section 8, which of course does not come within the terms of our discussion. I fear that I am pressing this too hard, but I would welcome his explanation as to why a scaled-down version of the original drafting could not be acceptable to all sides. This is obviously a balancing act: we need to cater for landlords as well as tenants. I am completely aware of that, but can he envisage a situation in which a scaled-down version of the original drafting, which just narrowed the scope to the mandatory provisions under a section 8 notice, would be acceptable to all sides?
Bob Blackman
I noted during my hon. Friend’s excellent contribution earlier his very detailed knowledge of the technical issues of housing law.
In the various meetings, we considered the different aspects of section 21 and section 8 and whether we could reach a compromise that would satisfy all parties. The drawback, if we set out all the procedures—almost a flow chart—in the Bill, is that unfortunately we cannot address every single reason why someone becomes homeless; we cannot set out every position in relation to section 8 or section 21 notices. Obviously, what we want to do is to make it clear that the position will be that on receipt of a valid section 21 notice or, indeed, section 8 notice, the local authority will treat that as a means of starting the process of combating the threat of homelessness. That is the clear message that I want to impart as promoter of the Bill. We do not want landlords to have to go off and wait and go through a lengthy legal process, which is of no benefit to them or the tenants and, in the long run, costs the local authority substantial amounts of money when it has to put a homeless family who are in priority need into temporary accommodation. This is one of the issues that we looked at in considerable detail. I will not go on too much about this issue and the various discussions that we had. What I can say to my hon. Friend is that we looked at this in detail and concluded that the way to reach a compromise was to accept the Minister’s amendments.
A planned amendment to clause 4 will also ensure greater continuity of help between the prevention and relief duties for households during the eviction process, if such a process follows. I hope that we never get to families being evicted but recognise that we cannot solve all those problems in one go.
I welcome the commitment to provide stronger encouragement for people to engage early through the forms used in the section 21 process and the “How to Rent” guide that the Department has published.
The intention is to recognise that prevention is vital to tackling homelessness. The earlier someone gets help, the less likely they are to end up in crisis. The clause works with the rest of the Bill, which should be seen as an entire package, and with current legislation in placing more emphasis on prevention, encouraging people to seek help at an early stage.
Michelle Donelan
While we continue to discuss the clause, I want to stress that it is not only large charities and organisation that have called for and welcomed the extension to 56 days. Charities in my constituency, such as Doorway, which does a great deal of work on homelessness in the Chippenham area, are delighted and have stressed how vital it is to deal with homelessness at the root and try to prevent it in future.
Bob Blackman
I acknowledge that local charities are doing brilliant work to combat homelessness. During my discussions on the Bill I have dealt mainly with national charities and some local ones which I visited. All hon. Members will be aware of the local charities that do excellent work, which is why I believe these measures are universally welcomed.
It is not logical that someone in a private sector tenancy who receives a section 21 notice or encounters the threat of homelessness should have to wait until the final 28 days before they will be on the streets. Ensuring that the clause extends that period, with a duty owed by the local authority, must be sensible to help prevent them from becoming homeless.
I trust that the provision will help increase the number of successful preventions carried out by local housing authorities. In the long term that reduces costs for them and, most importantly, the trauma experienced by vulnerable people and households.
There may be instances where the 56-day prevention duty does not work and ends, though the household is not technically homeless, as the local authority finds it reasonable for the household to continue to occupy the property. That could mean that the relief duty does not begin, potentially leaving the household without support. We clearly want to get to the position covered by clause 4 so that, in those circumstances, the prevention duty will run on until the time the relief duty begins. I was delighted that my hon. Friend the Minister mentioned that in his opening remarks.
Mr Chope, you directed that we should look at costs in this part of our consideration. I welcome the Government’s announcement of £48 million and their commitment, under the new burdens doctrine, to fund all the new costs that will result from the Bill. We have already mentioned that there will be amendments to clause 7 on Report. We have already had a debate about that; I will not reopen it. There will be a further amendment to clause 4 and, after further discussions, we might consider amendments to clause 12 as well.
The hon. Member for Dulwich and West Norwood was critical, not unfairly, of the timing of the release of the money. The Government have considered our detailed discussions of the Bill and its amendments because there are cost implications. It is not fair if we end up with a running budget in Committee. We have made substantial changes and it is fair to say that the proposed changes to clause 7 would lead to additional costs for local authorities. However, I hope that if there are additional costs, the Minister will commit to their being picked up as originally envisaged under the new burdens doctrine.
The LGA and London Councils have welcomed the money that will be available. I note the concerns of the hon. Members for Hammersmith and for Dulwich and West Norwood about whether the money will be enough. Clearly, none of us is in a positon to say without fear or favour that the money will be sufficient. We will have to see how the new legislation operates. It is part of a package.
I have been clear from the word go that the Bill, if enacted, will not produce one more property or one more home. I look forward to the publication of the White Paper—hopefully very soon—which will set out the Government’s method for ensuring we develop more housing. One way to ensure people are not homeless is to provide more housing in the first place. There is a shortage of accommodation in almost every part of the country, and London has particular pressures, as those of us who are London MPs know. Clearly, that will have to be addressed.
Equally, how the funding is provided needs to be considered: £35.4 million in the first year, £12.1 million in the second year and zero in the third year. I have concerns about that. Will we have solved the homelessness problem in this country after three years? As an eternal optimist, I hope we will have done. I did not mention this too much when we talked about the title of the Bill, but the original title was the homelessness prevention Bill. However, I was warned by our Clerk’s predecessor that that would mean it would be illegal for an individual to be homeless, so we should be careful what we attempt to achieve.
As the hon. Member for Hammersmith said, some £633 million in 2014-15 was spent by London councils on temporary accommodation. If we can reduce that burden by a relatively small amount, that will pay for the prevention duty. I am minded of the fact that London authorities in particular have embarked on large amounts of efforts to combat homelessness through prevention duties, and that is welcome. However, there is clearly going to be a need to review the funding and review how this works.
Mr Jones
I want to respond to some of the points made during this debate. The hon. Member for Hammersmith mentioned local authorities having to judge whether section 21 notices are valid. I agree entirely that it is a complex issue, but I make the point to him that dealing with section 21 notices is already a regular part of local housing authorities’ work and is the subject of specific parts of the homelessness code of guidance. We will look again at the code of guidance in the context of clause 1 and update it accordingly. A number of other points were raised about operational issues. We will have advisers going to local authorities, and they will be able to give guidance on those issues.
The hon. Gentleman also mentioned a number of impacts on welfare. We have debated them previously, and I have explained the additional £870 million that will be available for short-term issues through discretionary housing payments, and the repurposing of 30% of the potential savings from the local housing allowance, which will go back into supporting high-value areas.
Ms Karen Buck (Westminster North) (Lab)
Will the Minister confirm that those contributions must be seen in the context of the £2.7 billion that has been taken away from housing support for this year alone, as the Library briefing of last week confirmed?
Mr Jones
It is clear that welfare changes are being made—I do not deny that. However, those mechanisms are there to try to help people with shorter-term issues so that they can deal with things as they go forward. That money from local housing allowance rate savings will help people in the highest-cost areas.
The hon. Member for Hammersmith also mentioned housing supply. I will not go into that in any great depth, but as I have pointed out, we are putting £100 million into move-on accommodation to help with that issue. We have also provided the Mayor of London with a record amount of money for new housing supply, which he has welcomed.
The hon. Gentleman and a number of other colleagues mentioned reviewing how the Bill is working. I have committed to doing that once the new duties have had time to bed in. If such a review is to work, having the right data will be absolutely critical, and I am committed to putting in place the work that is needed to ensure that we do.
My hon. Friend the Member for Mid Dorset and North Poole has pursued with some tenacity the issue of section 8 notices and various types of tenancy. My hon. Friend the Member for Colchester and the hon. Member for Hammersmith have also raised those important points. I reassure the Committee that there is overarching protection for every applicant—they will be covered by the prevention duty if they are at risk of homelessness within 56 days, whatever the circumstances and whatever their type of tenancy. Section 21 notices are the most common circumstances, and we believe that there are specific measures that provide proportionate protection. That said, we will address section 8 notices and other types of tenancy in our statutory guidance. I entirely understand where my hon. Friend the Member for Mid Dorset and North Poole comes from on section 8, and I will take away the points he has made and ensure that they are fully considered in the work we do as a result of the Bill.
The hon. Member for Dulwich and West Norwood made a number of points about the costs. She mentioned the announcement being late, and I hear what she said. In an ideal world, I would have brought the detail of those costs forward more quickly. That said, I did commit to providing them by the close of the Committee, and I have done that. She asked for detail on the costs, and rightly so. I will publish the full new burdens assessment once the Bill has completed its passage through the House. That will ensure that the assessment considers the cost of the final Bill in the light of any amendments made, not just in Committee, but on Report. To reassure Members, we are discussing several amendments that need to be tabled by next week for Report. We will assess whether new burdens are created as a result, but those new burdens will need to be funded.
The hon. Lady also mentioned the distribution of funding and trailblazer amounts. It is important that we split the two issues of cost for the Bill from trailblazers, and I will explain why in a moment. We are committed to working closely with the local government sector to design the distribution of funding, because we recognise that costs are likely to be wildly different across the country. The amounts for trailblazers do not necessarily correlate with the funding implications for the Bill, given that many places, because of the freedoms we gave them in the trailblazer offer to local areas, are going well beyond the Bill in trying to help the people they serve.
My hon. Friend the Member for Northampton South mentioned how councils will cope with the changes that they will be expected to make. He made a good point. There will be a period of time, as we have discussed, after the Bill becomes an Act but before the legislation comes into operation. We will work carefully and closely with local government to ensure that we mitigate the issues that he raised.
The hon. Member for Dulwich and West Norwood asked what the money will be spent on. The Bill requires local authorities to do a number of additional things. For example, all households will be provided with free information and advice on preventing and relieving homelessness. A new prevention duty will extend the period in which people have to be given advice when they are threatened with homelessness from 28 to 56 days. An enhanced duty for those who are already homeless will ensure that housing authorities will support households for 56 days to relieve their homelessness by helping them secure accommodation. That is just an example of the things that the additional money will fund.
In terms of the review, I point out that once the legislation comes into effect, there will be a period of two years, and pretty much immediately after that there is likely to be a Government spending review. I am sure that the legislation will be looked at in the round with all the other things that local authorities have to do, not just in relation to housing, but all their other functions.
I thank my hon. Friend the Member for Enfield, Southgate for his strong support on the costs and for his optimism. The same is true of a number of other hon. Friends. He was right to point out that while the hon. Member for Hammersmith expressed some valid concerns, he was showing a rather gloomy and pessimistic front. That was the front he put across, at least, but we all know that some of the talk on costs has been conflated with things that are not necessarily in the Bill.
Mr Jones
I beg to move amendment 15, title, line 1, leave out
“Amend the Housing Act 1996 to”.
This amendment aligns the long title of the Bill with its contents on the basis that, as well as amending the Housing Act 1996, it also amends the Homelessness (Suitability of Accommodation) (England) Order 2012 (see clause 12).
Finally, this minor amendment removes the reference to the Housing Act 1996 from the long title of the Bill. The Bill also makes changes to the Homelessness (Suitability of Accommodation) (England) Order 2012, so the reference is incorrect.
Amendment 15 agreed to.
Bob Blackman
On a point of order, Mr Chope. As we have reached the end of the proceedings, I would like to thank you for your patient, good-natured and flexible chairing of the Committee. I thank hon. Members on both sides of the Committee both for attending these sittings and for their contributions, which have added to the Bill and to our consideration of the amendments. The discussion has been consistently conducted in a consensual spirit. We have had the odd point of disagreement, which is healthy, but I believe we have worked well together to scrutinise the Bill and ensure it is returned to the House in a good state. That follows the excellent work of the Select Committee that preceded the Bill’s coming to us.
I also thank my hon. Friend the Minister for marshalling the full resources of the Department to ensure that the Government support the Bill, and for allowing his officials, lawyers and the Bill team to help to draft the Bill and address issues as and when they have been identified. Finally, I thank the Clerks and the Doorkeepers for managing the Committee.
I look forward to seeing all Committee members when we next debate the Bill on Report on the Floor of the House. I feel confident that Members on both sides of the House will be able to support it in good conscience. The Report stage will take place on Friday 27 January, and the administrative arrangements for anyone who wishes to table amendments will be circulated to give them proper notice. With that, I thank you, Mr Chope, all members of the Committee and everyone who has been involved in reaching this stage of the process.
Andy Slaughter
Further to that point of order, Mr Chope. I echo the thanks expressed by the Bill’s promoter to everyone involved thus far. We all agree that the sittings have been conducted with civility and, where possible, consensus. I will leave it there, other than to thank you particularly, Mr Chope, for your forbearance. Perhaps the proceedings have been a little more helter-skelter than is common in such Committees; you may have been reminded of the national lottery by the random manner in which the clauses were drawn for debate. None the less, with your usual sang froid you have kept us in order, so thank you very much.
Mr Jones
Further to that point of order, Mr Chope. I add my thanks to those expressed by my hon. Friend the Member for Harrow East and the hon. Member for Hammersmith for your chairmanship of the Committee; you kept us in order throughout. I thank colleagues on both sides for their contributions on this important measure.
I particularly thank the Opposition Front Benchers for the spirit in which they have approached the Bill so far. It is a rare experience to be on a Committee where there is such a consensus, and I shall probably have to wait a little while before I experience another that operates in the same way. The hon. Member for Hammersmith said that there had been a bit of a lottery for the clauses, but as someone who does the lottery now and again I feel we have probably had more success with the Bill than I ever do with that—although it has not always been all that easy.
I must also thank my hon. Friend the Member for Harrow East for the energy and determination, and at times patience, that he has shown during the Committee sittings. It is not easy to negotiate one’s way through a Bill when there are so many different interests that we understandably want to work with on getting things right.
I also thank the officials who have worked so hard on the Bill. Parliamentary counsel worked extremely hard, especially during the many periods of recess, Christmas holidays and so on. Finally, I thank the Clerks and Doorkeepers, who have done a sterling job.
The Chair
I thank hon. Members for their expressions of gratitude to the Clerks and officials, Hansard, the Badge Messengers and everyone who keeps us secure. I am sure that those tributes to them are well deserved. There have been seven sittings and despite the consensual nature of the Committee they seem to have taken quite a long time. I wish all those associated with it good luck on Report. As someone who often attends on Fridays I shall feel rather frustrated that I will not be allowed to participate. As has been said, the proceedings have been conducted with good humour.
This is actually the first time I have had the privilege of chairing a Committee on a private Member’s Bill; such Bills are soon to be called Back-Bench Bills, if the House implements the Government acceptance of the Procedure Committee’s recommendation. Chairing the Committee has been a good learning experience for me, but that was possible only because of the good humour of all involved, and their engagement. Everyone in the Committee has participated, which is unlike what happens in many Committees, so I thank Members very much.
Bill, as amended, to be reported.
Homelessness Reduction Bill
Friday 27th January 2017
(7 years, 2 months ago)
Commons ChamberRead Full debate Homelessness Reduction Act 2017 Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 27 January 2017 - (27 Jan 2017)
Andy Slaughter (Hammersmith) (Lab)
I beg to move, That the clause be read a Second time.
Madam Deputy Speaker (Mrs Eleanor Laing)
With this it will be convenient to discuss the following:
New clause 2—Restriction on the termination of assured shorthold tenancies—
‘(1) After section 19A of the Housing Act 1988 (Assured shorthold tenancies: post-Housing Act 1996 tenancies) insert—
“Section 19B longer term tenancies
Any assured shorthold tenancy (other than one where the landlord is a private registered provider of social housing) granted on or after April 1, 2018 cannot be terminated by the landlord within thirty six months of being granted other than for the breach of a an express or implied term of the tenancy if the termination would result in the tenant becoming homeless. It is an implied term of such a tenancy that the tenant may terminate the tenancy by giving two months’ written notice to the landlord.”
(2) In Section 21 of the Housing Act 1988 (Recovery of possession on expiry or termination of assured shorthold tenancy) insert—
“(4ZAA) In the case of a dwelling-house in England no notice under subsection (4) may be given for thirty six months after the beginning of the tenancy.””
This new clause is an amendment to section 21 of the Housing Act 1988 which would prevent landlords from using the “notice only” grounds for possession for the first three years of the tenancy by private sector landlords where the tenant would become homeless.
New clause 3—Controls on rent increases within a tenancy—
‘(1) After section 23 of the Housing Act 1988 insert—
“Section 23A: rent increase
(1) This section applies to any assured shorthold tenancy granted on or after 1 April 2018 in respect of any property in England other than one granted by a private registered provider of social housing.
(2) It is an implied term of all such tenancies that the rent may only be increased in any year on the anniversary of the commencement of the tenancy and that the rent may increase by no more than the percentage specified by the Office for National Statistics as the Consumer Prices Index figure for the month immediately preceding the proposed increase if there is a significant risk that that tenant would become homeless.
(3) Any term of the tenancy (or any other agreement, whether between the landlord and tenant or any third party) which is inconsistent with subsection (2) is of no effect.
(4) The landlord must serve written notice of the new rent on the tenant and any other party who is responsible for the payment of the rent.
(5) The notice must be in a prescribed form (or substantially to the same effect) and must specify—
(a) the present rent;
(b) the percentage increase proposed; and
(c) the proposed new rent,
together with any other matters or information which may be prescribed.
(6) A person served with such a notice may, within 28 days of being so served, refer it to the appropriate tribunal for a determination as to the validity of the notice and, if necessary, to examine the risk of the tenant becoming homeless.
(7) Should a court or tribunal in any proceedings find that the landlord has received rent in excess of that permitted by this section, it must either—
(a) order that the excess rent be repaid to the tenant (including to any former tenant if the tenancy has come to an end),
(b) order that it stands to the credit of the tenant in respect of future rent which will fall due; or,
(c) set it off against other sums which the tenant owes to the landlord under the tenancy.
(8) The Secretary of State has power to prescribe a form for the purposes of this section and may make different provision for Greater London and the rest of England. The power must be exercised within a reasonable period and, in relation to Greater London if the Mayor of London makes a written request that it be exercised and provides a draft form, must be in the form proposed by the Mayor.
(9) The Secretary of State has power to modify subsection (2) by order and may make different provision for Greater London and the rest of England. Any modification is limited to substituting an increase which is lower than the Consumer Prices Index. That power must be exercised within a reasonable period and, in relation to Greater London if the Mayor of London makes a written request that it be exercised and specifies a particular substitution, must be the substitution specified by the Mayor.
(10) In this section—
“Greater London” shall have the same meaning as in the London Government Act 1963 (c.33)
“Mayor of London” shall have the same meaning as in the Greater London Authority Act 1999 (s.29).””
This new clause concerns rent increases. It provides that it is an implied term of all assured shorthold tenancies granted on or after 1 April 2018, that the rent can only go up once a year and by no more than CPI if there is a significant risk of the tenant as a result of the increase becoming homeless. It requires a notice to be given to the tenant, giving them details of the increase and for a right to appeal that notice to the First Tier Tribunal (Property Chamber). The Secretary of State has a power to prescribe a lower increase and must do so in respect of London if the Mayor of London requests it.
Andy Slaughter
It is a pleasure to open today’s proceedings on this important Bill that, if passed, will mark a sea change in the way in which homelessness is treated in this country. This is a rare creature—a private Member’s Bill with a hope of success. I should not tempt fate this early in proceedings, but I cannot see the usual suspects sitting behind the hon. Member for Harrow East (Bob Blackman), the promoter of the Bill, so I am already encouraged.
I think that the Bill has support from all parties. Importantly it has the support of the Government; otherwise, I suspect that we would not have got this far. We should not forget the good work that the Communities and Local Government Committee and its Chair have done in support of the Bill. I also pay tribute to the promoter of the Bill, who now knows more about the intricacies of homelessness law than he perhaps ever wanted to.
There are matters still to be resolved but—and I say this advisedly—I hope that, as far as this House is concerned, they can all be resolved this morning. For my part, I do not intend to go on at length. Although certain important matters need to be covered, I hope that in the time we have available today, the Bill will be able to complete all its stages.
Let me be clear from the outset that I do not intend to press new clauses 2 and 3 to a Division. I am hopeful that when the Minister speaks, I will hear words that will encourage me not to press new clause 1. One interesting feature of the Bill has been that we have had constructive discussions about it—outside the Committee, of course; not in it, as that would not be at all appropriate. My last email to the Minister was sent at about 11 pm last night. I appreciate that that might have been past his bedtime and he has not had time to respond, but we are getting where we want to go.
New clause 1 deals with perhaps the central unresolved issue, which relates not to the content of the Bill— we will come to that when we consider the Government’s amendments—but to its implementation and, in particular, whether the resources that the Government have set aside are sufficient. New clauses 2 and 3 are also important because they address what stands behind the Bill—the fact that legislation of itself will not tackle the homelessness crisis. To be fair to the promoter of the Bill, he has at all stages said that that that is the case, and he repeated it in his article that has been published on PoliticsHome.com this morning. I appreciate that, but we cannot look at the Bill in a vacuum; we have to look at the surrounding circumstances. Nothing illustrates that better than the figures on rough sleeping that were released two days ago, which revealed a shocking 16% increase year on year. More than 4,000 people are now sleeping rough on the streets of the UK. One rough sleeper is one too many, and what should alarm the House in particular is the fact this is a crisis that does not need to exist.
Under the previous Labour Government, rough sleeping fell by three quarters, because of direct Government intervention and co-ordination with not only local authorities, but the many fine homelessness charities, which also stand behind the Bill. This crisis is solvable, but the fact that street homelessness has gone up by more than 130% since 2010—under the coalition Government and now under this Government—really should shame the Government. We are here to pass an important Bill, but that does not get them off the hook.
I must strike one small note of discord: we do not want this to become a battle about who is more in favour of the Bill. The promoter’s article mentioned the danger of the Bill being delayed because of our new clauses. There must be a lot of confused pots and kettles out there, given that the Government have tabled 21 complicated amendments that no one would wish to consider on Report—they should have been taken in Committee. I am hopeful that we can deal with them, but the point is that it is not unreasonable or irrational for the Opposition to take a little time to debate important principles.
In Committee, Government Members spoke for two and a half times as long as Opposition Members. I realise that there were one or two more of them, unfortunately—
Michael Tomlinson (Mid Dorset and North Poole) (Con)
Will the hon. Gentleman give way?
Andy Slaughter
In a moment.
We all—even I—must sometimes curb our prolixity, and we were very disciplined in Committee. We withdrew many new clauses and amendments before the Christmas break to speed the passage of the Bill. Even though my colleagues in Committee had huge expertise and a lot to say, we were very disciplined. I wish that I could say the same for the Minister and Government Back Benchers, including the hon. Member for Mid Dorset and North Poole (Michael Tomlinson).
Michael Tomlinson
It was a great pleasure to serve in Committee with the hon. Gentleman. I am delighted to hear that he is still in favour of the Bill and that it still attracts cross-party support. Today he can rely on my discipline and, I am sure, that of all colleagues to ensure that the Bill goes through.
Andy Slaughter
Excellent. I am sure that those rousing words will be followed by action. That might even be the last we hear from the hon. Gentleman today.
I do not want to labour the point, but we should have been able to get through the Bill in less time, notwithstanding the fact that it is an important and, for a private Member’s Bill, quite long Bill. It is considerably longer than the Bill that we will debate next week, although I suspect our consideration of that one will take rather longer.
It is regrettable that this Bill spent so long in Committee, but we know why it did: the Government were filibustering in order to keep the parliamentary boundaries Bill, which is promoted by my hon. Friend the Member for North West Durham (Pat Glass), out of Committee. I am not saying that we do not all play these tricks from time to time; I am just saying that we should not start pointing the finger over who is to blame for delaying the Bill, and instead get on with this now.
I want to deal with the point about money. Right at the beginning of our Committee stage, the Minister said, “I hope to tell you before the end of Committee how much money there will be.” The Government gave a welcome commitment to fund the additional costs fully—there will be substantial additional costs on local authorities, and under the new burdens doctrine, the money has to come from central Government—but we waited week after week with bated breath to find out what money there would be. He kept his promise—just—and at the last moment, some money came forward. It was not a negligible sum: about £48 million over two years. However, that amount must be compared with the sensible estimates from individual local authorities and their collective bodies, such as the Local Government Association and London Councils. For example, while £37 million or £38 million has been set aside for the first year of the Bill’s implementation, London Councils estimates that the cost will be about £160 million. There is therefore a massive disparity in the figures.
Lyn Brown (West Ham) (Lab)
Newham Council has looked into the cost of implementation, and thinks that it will be £2.5 million in the first year alone. I am delighted that the Bill has been introduced, but does my hon. Friend honestly believe that the Government will fully compensate councils for the money that they will need to spend?
Andy Slaughter
I am one of nature’s optimists. The Minister is such a reasonable fellow, and so kind-hearted, that I am sure that if he says he wishes to provide the full amount, he means it. Unfortunately, however, the record of the Government as a whole is not one of being particularly kind-hearted, particularly to local government. They have a habit of passing the buck by cutting the budget of the Department for Communities and Local Government, as is clear from the fact that local government cuts have been the biggest of all.
My hon. Friend the Member for West Ham (Lyn Brown) is absolutely right to be sceptical. That is indeed what we want to hear. There are many figures floating around, but Newham Council knows what it is talking about, because it has one of the most pressing housing needs in the country, some of the poorest communities in the country, and, I am afraid, some of the worst housing in the country, especially in the private rented sector.
These are matters of real concern. All we are asking for is a commitment from the Minister not just to a review, but to a review that will be undertaken at the right time and will be all-encompassing. As I said earlier, the Select Committee has played a key role—its Chair, my hon. Friend the Member for Sheffield South East (Mr Betts), is an acknowledged expert, and he has also benefited from the able assistance of Members on both sides—and it, as well as local authorities themselves, should be involved in any review process.
Mr David Burrowes (Enfield, Southgate) (Con)
Enfield, like Newham, contains some of the poorest people in the country with the greatest housing need, and obviously we want the Bill to be implemented, but good councils throughout the country are already embarking on the prevention measures specified in the Bill under the current funding settlement, and will welcome the provision of more money to enable them to continue those measures.
Andy Slaughter
I think the best thing to say is that there is a mixed economy among local authorities. Some do very well—some have to do very well because of the pressures on them—and others do less well. Part of the Bill’s purpose is to bring them all up to the same standard. However, the hon. Gentleman’s point cuts both ways. If it is true that Camden Council, for example, is already preventing 80% of those who present themselves from becoming homeless, the savings that are likely to be made—most of which, I understand, will result from an increase in prevention work, which will avoid the need to find alternative accommodation or fund the costs of homelessness in other ways—will be less. The Government rather piously hope that after two years there will be no need for funding, but I do not think anyone believes that, including the Government.
Margaret Greenwood (Wirral West) (Lab)
This is not just a problem in London. In 2015-16, there were more than 1,000 homelessness prevention and relief cases in Wirral as a result of the council’s actions. Does my hon. Friend agree that any new duties that councils will have to take on should be fully funded, both now and in the future?
Andy Slaughter
My hon. Friend is absolutely right. However, the problem is clearly greater in some areas than in others. The precedent for the Bill is legislation passed by the Labour-run Government of Wales, which has already been successful: there have been substantial falls in homelessness. Of course there are parts of Wales where there is a real crisis, as there are in the rest of the United Kingdom, but there are also hotspots, and the big cities, particularly London, are hotspots.
We cannot rely on the example of Wales. It is still possible in many Welsh authorities for accommodation to be made available to people including those who are not in priority need. In London boroughs—and, I suspect, in my hon. Friend’s constituency and many others—that opportunity disappeared years ago, and the reverse is now the case. We spent some time in Committee talking about the disgraceful attitude of Westminster Council, which is sending its homeless people quite literally to Coventry, and I fear that other boroughs are doing exactly the same. That is the difficulty with which we are grappling.
I am not going to labour the point. We want assurances, which we believe new clause 1 would deliver, that the full funding of the Bill’s implementation by local authorities for which my hon. Friend the Member for Wirral West (Margaret Greenwood) has rightly asked will be provided. Yes, the Government have made a start, and, yes, I think that we shall hear more about money today, given that some of the Government amendments will involve additional costs. We are pleased with what has been done so far, but we must have that funding, because otherwise the Bill will fail, and local authorities will be in an even more parlous state.
Let me now deal briefly with new clauses 2 and 3. We could have tabled a great many more new clauses illustrating the same point, which is that the Bill’s provisions cannot be seen in a vacuum. We all welcome the greater concentration on prevention to which the hon. Member for Enfield, Southgate (Mr Burrowes) referred, and we also welcome the new relief duties requiring local authorities to assist homeless people who are not in priority need. However, the pattern of homelessness is utterly bleak, and that is a perfect storm which, I am afraid, derives from the Government’s own actions or inactions.
The first problem, as the new clauses make clear, is the crisis in the private rented sector. The huge inflation in rents over the past few years has meant that many private landlords take advantage of the “no fault” eviction process for which the Housing Act 1988 provides. They say to people, “You are on benefit, and I can get a higher rent from someone else”, or they simply say, “I want a different tenant and I do not have to give any reason, so off you go.” Provided that the payments are in order, the consequence of that swift process, with no argument to the contrary, is that many thousands of people present themselves to local authorities as homeless. I believe that more than 40% of homelessness cases are caused by private sector evictions, with all the misery that they bring.
Again, however, the problem is not insoluble. The inclusion of new clauses 2 and 3 would make a significant difference. This is a modest proposal. I am suggesting that if there were longer tenancies—three-year tenancies—and if, within the period of those tenancies, there were controls over the levels of rent increases, we would end the present chaotic market in evictions in which landlords bid against each other.
Michael Tomlinson
I am grateful to the hon. Gentleman for highlighting this point. I will pass over the typo in line four of his new clause 2 and simply ask: does he remember from the Bill Committee that the average length of tenancies was in fact four years, yet in his new clause 2 he refers merely to three years? Does he not accept that there also needs to be a balance, to encourage sufficient landlords?
Andy Slaughter
I am not sure what the hon. Gentleman does when he is not passing over typos, but I am afraid his argument works both ways. If, as the Residential Landlords Association says—this is, I think, the point the hon. Gentleman is making—tenancies are already on average longer than three years, what is the problem with ensuring that that is the case? Good practice suggests that a good landlord wants to keep a tenant for a period of time; that gives stability and continuity, and there are no breaks in tenancy and no additional fees involved. But not all landlords are good landlords, and some are playing this lottery game where they think they can get more money. Unfortunately, we have even had the spectacle of local authorities outbidding each other for tenancies, so desperate are they in this regard. All the hon. Gentleman’s intervention illustrates is how modest and reasonable this proposal is. When the Minister replies, he might want to say what the Government’s thinking on this matter is at the moment.
This is an issue in itself. It is not just an issue about homelessness, but these specific new clauses relate to the risk of homelessness and state that we would achieve the purposes of this Bill—put less pressure on local authorities, and have less need to prevent homelessness—if some landlords were not acting in the manner that they are. That is the purpose of the new clauses. I think they are quite reasonable. I appreciate that, given the time constraints, unless the Government suddenly decide to accept them this morning, it is unlikely that we are going to make progress on them in the course of this Bill, but we will return to this subject time and again until it is resolved.
Dr Rosena Allin-Khan (Tooting) (Lab)
There is an extremely high rate of homelessness in Tooting among those aged over 60. I know that Wandsworth Council battles with this greatly day in, day out. Do you agree that it is absolutely unacceptable that we are failing the older members of our society, and that people over 60 need to be taken into account?
Madam Deputy Speaker (Mrs Eleanor Laing)
Order. Just for good order, would the hon. Lady mind asking the hon. Gentleman to agree, rather than asking the Chair? She should ask whether he agrees, because she does not care whether I agree or not.
Dr Allin-Khan
Does my hon. Friend agree that it is absolutely outrageous that residents aged 60 and over have to suffer in this way and that he must do all he can to ensure the Government address this issue?
Andy Slaughter
Absolutely, and I know that you, Madam Deputy Speaker, also care about homelessness in Tooting. What my hon. Friend illustrates is that we are in new territory. Even though there were big problems, particularly in the private rented sector, 20 or 30 years ago, I doubt that we would then have been talking about homelessness among people of pensionable age. It illustrates how deep this goes in society now that we are worried not just about groups that were at risk in the days of “Cathy Come Home”, but about people who are at a time in their life when they deserve, and should have, stability and security.
I am not keeping to my promise, Madam Deputy Speaker, so I will conclude now, but let me just say this. Yes, new clauses 2 and 3 illustrate a clear point, but this is only part of the problem. Alongside that is the issue of housing supply and the terrible record, I am afraid to say, that this Government have on genuinely affordable housing, on allowing councils to build and ensuring that there is specialist housing.
The Parliamentary Under-Secretary of State for Communities and Local Government (Mr Marcus Jones)
Will the hon. Gentleman give way?
Andy Slaughter
Can the Minister not make the point in his own comments? [Interruption.] Very well, I will give way if he wants to intervene.
Mr Jones
I thank the hon. Gentleman for his forbearance in taking my intervention. Does he not welcome the record amount of £3.15 billion that this Government are providing to the Greater London Authority to provide affordable housing in London, which has been welcomed by the London Mayor?
Andy Slaughter
As the shadow London Minister, I welcome everything the London Mayor welcomes. I do not want us to go off on a tangent, but I will just say that we were beginning to make progress; we were beginning to make progress towards the end of the last Labour Government, and the best illustration of that is that under the coalition Government eight out of 10 council homes completed were started under the previous Labour Government. I do not mind the Minister taking credit and talking about the building of additional affordable and social homes, but his Government need to have their own record, not leach off ours.
Ms Buck
I am extremely grateful. While we are on this topic, is my hon. Friend also aware that the Chartered Institute of Housing estimates that 250,000 social homes will be lost as a result of right to buy and other measures between now and 2020, so whatever assurances the Government are giving us about the construction of new affordable housing, they are the equivalent of turning on the taps while leaving the plug out?
Andy Slaughter
Absolutely, and when I mentioned the quality of members on the Committee from my side, I was of course particularly thinking of my hon. Friend—as well as the Chair of the Select Committee, my hon. Friend the Member for Sheffield South East, and my other hon. Friends on the Committee. I am afraid that they put my feeble efforts to shame, but there it is.
My hon. Friend the Member for Westminster North (Ms Buck) is absolutely right. We have a crisis in housing supply, we have a crisis in the private rented sector, and we also have—which the Government are directly responsible for through the benefit caps, the freezing of local housing allowance, and the cuts in Supporting People—a manufactured homelessness crisis which we are now seeing reflected in the figures I quoted earlier.
I pay tribute to the Minister for the work he has done on this Bill, as well as to the sponsor, the hon. Member for Harrow East (Bob Blackman), and the sincere comments made by Conservative Back Benchers during the course of this Bill, but they cannot put their heads in the sand and look at this Bill in isolation from everything else that is happening—and when they have looked at that, they have to change their policy. I am sure we are going to get the housing White Paper, possibly even this year, but when it comes, we will be looking for those matters to be dealt with, and that is the purpose of these new clauses. Their purpose is to make sure that this Bill functions and that Government policy as a whole functions in relation to homelessness. That is why I would like to hear from the Minister, if not warm support and acceptance of the new clauses, at least what he intends to do in relation to them.
Bob Blackman (Harrow East) (Con)
It is a pleasure to serve under your chairmanship, as always, Madam Deputy Speaker, and it is also a pleasure to follow the hon. Member for Hammersmith (Andy Slaughter). Before I start, may I draw the House’s attention to my entry in the register of Members’ interests?
We should get back to the fact that this Bill is about reducing homelessness and is entitled the Homelessness Reduction Bill. At some stages during the hon. Gentleman’s rather lengthy speech, I began to wonder whether we were moving off on to the whole policy of housing. I think we should confine ourselves to this Bill, rather than broadening out to the wider aspects. I accept absolutely that one person sleeping rough on our streets at any one time is a disgrace; I have regularly gone on record to say that that is a national disgrace, as, equally, is the fact that we do not know the exact level of homelessness in this country. I start from that principle.
It is of course fair to say that the level of rough sleeping has increased. It is also fair to say that the level of homelessness has increased. However, as the hon. Gentleman will know well, the level of homelessness in this country peaked in 2002-03, when I suspect another party was in government. There was a reduction, which took place as a result of both Government intervention and local authorities taking appropriate action, but, actually, no change in legislation; we should remember that, effectively, legislation on this subject has not changed for 40 years. So we must get back to that particular issue.
Hopefully, we will have more details about the Bill by the time we get to Third Reading, but I will just gently mention that we spent some 15 hours in Committee debating the 13 clauses in this Bill. There were opportunities for amendments. The hon. Gentleman did table amendments, but then withdrew them before we could even debate them. The difference between the amendments that my hon. Friend the Minister will move later and the proposals from the hon. Gentleman is that the Government amendments are a direct consequence of the discussions that we had in Committee. They are designed to improve the Bill and to achieve the outcomes of discussions with housing charities, local government representative bodies, local government generally and the landlords associations. There is therefore a marked difference between those amendments—I accept that there are 21 of them—and the hon. Gentleman’s proposals.
I commend my hon. Friends across the House who served on the Bill Committee for their service. They will be aware that, at the last sitting, the Government made a firm commitment to reviewing the Bill at an appropriate point after implementation. I suggest to the Minister that it would be helpful if he were to repeat that commitment today and to clarify it further, so that no one can be in any doubt of the Government’s willingness to accept the fact that, as we have funding of £48 million over two years—I thank the Minister for that—we hope that that will lead to the provision of all the funding that local authorities will need to carry out their duties under the Bill, which we hope will become an Act in the not too distant future.
As I have said, however, we do not know what level of demand local authorities will experience as a result of the new burdens they will face. We do know that many local authorities are already accepting a prevention duty, and the funding will clearly be welcome to those authorities that are acting in a good and positive way. We could look at the stats from every local authority to see how many people are turning up for help, but we also know that the vast majority of single homeless people will be turned away by their local authority without any help or advice. Now, because of the massive change in the law and in the culture of local authorities, the numbers of people are likely to increase, especially during the first year.
Mr Burrowes
We also know that the Government are wholeheartedly committed to fulfilling the responsibilities outlined in the Bill, including the financial responsibility to provide funding of £48 million. If, beyond the current spending round, additional finances were needed in order to fulfil the duties in the Bill, having taken account of savings, does my hon. Friend agree that that wholehearted commitment should continue and that we would expect the money to be available for that?
Bob Blackman
I think the whole House would expect the Government to recognise that there will be extra cost pressures on local authorities and, given the commitment that they have made, to continue to fund these measures in the years to come.
One of the problems with new clause 1 is that it proposes a review after a fixed period of time, and then that would be it. That is not an acceptable way forward. I want the Government to keep this matter continually under review, and I am sure that the Chair of the Communities and Local Government Committee and the rest of its members, who are joint sponsors of the Bill, will ensure that the Minister—or whoever is the Minister at the time—continues to have their feet held to the fire.
Bob Blackman
Indeed, but this Minister cannot commit his successor to maintaining a particular position. However, we on the Select Committee will keep this matter under review. We will scrutinise the level of activity and the funding that follows.
Andy Burnham (Leigh) (Lab)
I rise to support new clause 1. This is my first speech on this important Bill, so I congratulate the hon. Member for Harrow East (Bob Blackman) on introducing it. He has done so with great persuasion and has performed an important service for us all. I also congratulate both Front-Bench teams on working constructively to bring the Bill to this point.
I support the Bill but, as good as it goes, we will be kidding ourselves today if we leave this House, pat ourselves on the back and believe that the House has done everything that it could to tackle an emergency that is unfolding before our eyes. I chose to speak in today’s debate to reflect the rising concern among my constituents in Leigh—a concern that is shared widely in Greater Manchester—that an increasing number of people can be seen huddling in doorways across the region. People will not just walk on by; they do not accept that things have to be like this. Homelessness and rough sleeping are not inevitable facts of life in 2017. Our society is wealthy enough to ensure that nobody should spend a night without a roof over their head. We need new urgency on both sides of the House to bring forward appropriate action to address the situation.
If there is a problem with the Bill, it is that it goes nowhere near far enough to tackle the scale of the problem. It does not address the wider cross-governmental work that is necessary to provide an appropriate response. Let us take a reality check. The Minister will be aware of the figures that came out this week showing a 16% rise in rough sleeping over the past year—my hon. Friend the Member for Hammersmith (Andy Slaughter) referenced that in his opening remarks. Since 2010, rough sleeping has doubled across England and is increasing at an alarming rate. The problem is even worse in Greater Manchester, with a 41% increase in the past year across the 10 boroughs. According to local officials, that figure does not reflect the full picture. They believe that at least 300 people across Greater Manchester will spend tonight out on the streets. That is simply unacceptable, and I have not heard from the Government what they are doing about that. What are they doing now to help people find warmth and shelter?
As I said, the number of people rough sleeping has doubled, but the Bill will not reverse that trend and our eyes need to be open to that. I support new clause 1, because urgency is crucial in this debate. We need a clear commitment to review what is happening. I take the point of the hon. Member for Harrow East, but we all know that timetables shift after a Minister at the Dispatch Box commits to review something. The civil service will say, “We will review it in the autumn,” and that becomes the winter and then the spring. That is what happens, but it is not good enough. The problem is bigger than that. We need clarity and certainty. There should be a commitment to review how the legislation is working—both whether it is reducing homelessness and whether the Government are giving councils adequate funding.
For the reasons outlined by my hon. Friend the Member for West Ham (Lyn Brown) a moment ago, I do not believe that the funding is adequate. I differ from my Front-Bench team here in that I think the review should take place within one year. We need more urgency. Although I expect the Bill to have a modest but welcome impact on homelessness, I believe that an annual review would reveal that it goes nowhere near addressing the scale of the problem and that Government funding for councils is inadequate. We must remember that most of the funding comes next year and then reduces sharply in the year after. In the third year, there is nothing at all. I do not want to wait until the third year to find out whether the legislation is working. The review should be conducted within 12 months.
We need to hear much more from the Government. If they want to tackle homelessness and rough sleeping, there must be a cross-Government response. When Labour was in government, we established a rough sleepers unit, bringing together all the Departments with a role to play. I do not see that level of cross-Government working here. In addition to that commitment to work across Government, we need a clear ambition. What is the Government’s ambition on rough sleeping? I am not aware of one. Rough sleeping is increasing at an alarming rate, so what are they going to do about it? Will they reverse that trend? Will they make the same commitment that I have made in Greater Manchester that we should work to eradicate rough sleeping by 2020? [Interruption.] It is all very well the Minister looking the other way and talking to his colleagues, but what is he going to do about rough sleeping now and in the next few years? What is the Government’s ambition? Are they committed to reversing the increase? Will they go further and eliminate rough sleeping? We need to hear about that from the Minister today. I do not want to inject a partisan note into this debate, but we will be doing nobody any favours if we sit here today and think that the Bill, as good as it is, is enough. The Bill will not reverse the looming cuts to housing benefit.
Michael Tomlinson
The right hon. Gentleman admits that he did not sit on the Bill Committee and that he did not contribute on Second Reading. Had he done so, he would have seen the cross-party nature of proceedings. While I am sure that his points are relevant to new clauses 1, 2 and 3, they will not attract the same cross-party support that has to date been the nature of the Bill.
Andy Burnham
I hear what the hon. Gentleman is saying. There is cross-party support. I support the Bill—the hon. Member for Harrow East and the Government have my support today—but I am entitled to speak for the people who will be on the streets of Greater Manchester and the hon. Gentleman’s constituency tonight. I am entitled to give them a voice in this House. The Bill will not change their situation or reduce rough sleeping anytime soon, so who is speaking for them? It is unacceptable for the House to debate homelessness in a cosy way without facing the reality that rough sleeping is rising at an alarming rate. What is the Minister doing about that? The House and, more importantly, the people out there on the cold streets deserve an answer.
Ms Buck
I urge my right hon. Friend to pay little regard to the comments of the hon. Member for Mid Dorset and North Poole (Michael Tomlinson) because, although he is absolutely correct that there was and is cross-party consensus on the provisions and the culture underpinning the Bill, which we want to see implemented, in Committee and on Second Reading virtually all the comments from Opposition Members have been that the wider context in which homelessness and rough sleeping exist, from universal credit to housing benefit cuts and housing supply, is going in reverse. It is absolutely right that we should draw attention to that.
Andy Burnham
My hon. Friend is absolutely right. The Bill focuses solely on the duties of local authorities, and we must remember that those local authorities are operating in the context of massive cuts to their budgets. We need to be honest with ourselves about whether they are going to be able to rise to the extra pressures that the Bill places on them.
As my hon. Friend says, the Bill will do nothing to reverse the cuts to housing benefits that are coming down the line, which many experts believe will make homelessness and rough sleeping worse. The Bill does nothing to reverse cuts to mental health services that are pushing more people out on to the street. The Bill does nothing to reverse the cuts to social care, which are having the same effect. The Bill does nothing to build more affordable housing.
I am sorry if that injects a note that the Minister does not quite like, but tough. I am here to say it because he needs a better response than the Bill. If he thinks this is it, it is simply not good enough. The Bill is a step in the right direction, but I am afraid that that is all it is. In Greater Manchester, working with my hon. Friend the Member for Bury South (Mr Lewis) and Councillor Beth Knowles from Manchester City Council, we are committing ourselves and our councils to trying to end rough sleeping. If we can do that at our level, the Government should at least do something at their level.
Victoria Atkins (Louth and Horncastle) (Con)
The briefing note from Crisis, the housing charity, says:
“Whilst we understand the intention behind these amendments we are very worried that, if pushed to a vote and passed, there would be further amendments in the Houses of Lords, leading to ‘Ping-pong’ between the two Houses. This could result in the Bill failing to receive Royal Assent before the end of the parliamentary session, thus killing the Bill.”
My reading of the briefing note is that Crisis would like the Bill to go through without these new clauses. Does the right hon. Gentleman have a view on that?
Andy Burnham
I have also read the briefing note from Crisis, and the hon. Lady will have seen that Crisis does not believe that the funding allocated to the Bill is adequate to meet the obligations that are being placed on local authorities, nor does it believe that the Bill will do anything to address the wider issue of housing benefits.
However, I accept the hon. Lady’s point. I have not come here today to do anything to disrupt the passage of the Bill. It would help everybody if the Bill contained a commitment to a review so that we all know where we stand and so that there is a degree of urgency about how the House is addressing this issue.
Mr Marcus Jones
I hear what the right hon. Gentleman is saying. I am slightly disappointed by his approach and by the important time he is taking up. It is a shame that he did not come to make these points on Second Reading. That said, he asked me the very serious question about what the Government are doing to help address the important issue of rough sleeping in Manchester. We have already announced more than £600,000[Official Report, 1 February 2017, Vol. 620, c. 3MC.] for a social impact bond in Greater Manchester to support entrenched rough sleepers who have the most complex needs. Does he not welcome the work that will be done by the Government and the Greater Manchester combined authority?
Andy Burnham
I will welcome every single thing the Minister does to address this problem and, yes, I welcome that funding. What I do not welcome is the alarming rise in rough sleeping on the streets of Greater Manchester. I am sorry if it is inconvenient for the Minister to hear this, but it is clearly right to put those concerns to him.
Lyn Brown
I was not going to say another word because I want the Bill to go through, but I am amazed by the Minister’s chutzpah in moaning about an excellent speech that is relevant and pertinent to the Bill, given that Government Members, week after week after week, talk out excellent Bills. If the Minister does not mind, I would like to listen to what my right hon. Friend has to say because it is actually pertinent, unlike the drivel we normally hear from Government Members week after week after week.
Andy Burnham
The Minister mentioned time. If the Government were making the Bill a priority, perhaps they would make time to debate these issues and to propose their own initiative. Instead, we have a debate on a Friday as a result of a private Member’s Bill. I will welcome anything the Minister does to address the issue, but I do not accept a cosy cross-party debate today when the number of people sleeping rough on our streets is increasing every single week. It is a bigger issue than just patting ourselves on the back. More needs to be done, and the Government need to set out today their ambition to cut rough sleeping in the next few years. That is why I am here today. I fully support the Bill, but let us be honest about what it is: a modest first step.
Pauline Latham (Mid Derbyshire) (Con)
It was interesting to listen to the right hon. Member for Leigh (Andy Burnham). If I did not know that he represents Leigh, I might have thought that he was standing for some position in Manchester.
I congratulate my hon. Friend the Member for Harrow East (Bob Blackman) on the effective way in which he has secured progress on such a sympathetic Bill on this compelling subject. One would hope that every debate in this place is worthwhile, but few issues are more significant than this Bill, which endeavours to ensure that no one has to endure sleeping rough on the streets of England, that no one has to face the frightening prospect of the lack of a roof over their head if nobody can put them up, and that no one has to be subject to the appalling mental and physical degradation that accompanies homelessness.
It is important to note that homelessness is not the same as rough sleeping, which the right hon. Member for Leigh perhaps misunderstands. We must not dismiss the plight of those who, although they might not be sleeping on the street, are plagued by anxiety and disquiet at that very real possibility. Britain is a developed nation with a strong economy, and I would be so bold as to say that I speak for everyone in this place when I say that it is shameful that so many people in our country are homeless. We must do all that we can to help them.
It is, of course, agonising to see somebody sleeping on the street, and it is even more concerning when we have freezing weather at this time of year, as we have faced in London this week, because a night out on the streets becomes even more unbearable than it is at the best of times. It is not possible to scrutinise the Bill effectively without understanding the complex nature of homelessness and just how extensive the problem is across the country. Quantifying homelessness is, in itself, an extremely difficult task. The way in which homelessness is recorded varies and, even if a unanimous method were both agreed and employed, the number might still be underestimated, as many people often sleep out of sight, moving from place to place.
Indeed, because of the appalling physical abuse to which rough sleepers, particularly women, are subjected, many actively try to leave places where they can be spotted. Despite that difficulty, Government statistics show that 4,134 people slept rough on any one night across England in 2016. Shockingly, that is more than double the number recorded in 2010. In London alone, local agencies report that 8,096 people slept rough in 2015-16, a 6% rise on the previous year.
Andy Burnham
The figures showing the rise since 2010 are shocking. Does the hon. Lady think that her Government are doing enough to tackle rough sleeping?
Pauline Latham
The Government are trying to tackle rough sleeping, which is not an easy subject to address. The fact that they are allowing the Bill to go through shows that they are taking it seriously.
David Mackintosh (Northampton South) (Con)
Members on both sides of the House need to be aware that many people who are sleeping rough, even if they present to a local authority, will find that local authorities do not currently have the power to help them—it is not a question of money. Does my hon. Friend agree that the powers in the Bill will give local authorities the ability to intervene?
Pauline Latham
I am pleased that my hon. Friend made that point, which I can clearly illustrate with a case I dealt with over Christmas. I had to ring a helpline for a family whose rented house had burned down. They had four children. Derbyshire County Council was not interested in the fact that they were homeless and would have to come back from family to homelessness after Christmas, although the parents would have to continue with their jobs and get the children back into school. It was interested only in whether the children were vulnerable and were being abused. That is a clear example of a local authority not being interested in the fact of homelessness. Even when I phoned on Christmas day and several days after that, we could not get Derbyshire County Council to put anything in place for these people because its view was, “Well, they are not homeless. They are staying with friends in Bournemouth,”—or wherever it was—and not that the parents had to come back to Borrowash to get the children back into school and go back to their jobs. There are therefore problems at the moment.
The problem of homelessness is getting worse and the Bill could not be more necessary. Breaking the numbers down, certain groups are at particular risk. In England, women make up 26% of the clients of homelessness services, but as a group they are often much more vulnerable. There are high levels of vulnerability within the female homeless population. Mental ill health, drug and alcohol dependency, a childhood spent in care, experiences of sexual abuse and other traumatic life experiences are all commonplace.
Mrs Sheryll Murray (South East Cornwall) (Con)
Does my hon. Friend agree that the fact that organisations such as Crisis back the Bill shows that the Government and my hon. Friend the Member for Harrow East (Bob Blackman) have got this right?
Pauline Latham
I agree with my hon. Friend. The Government are getting it right. They are acting for the benefit of homeless people in this country.
Interviews with homeless women that have been conducted by the fantastic homelessness alleviation charity Crisis, which was cited a few moments ago, show that more than 20% became homeless to escape violence from someone they knew, with 70% of them fleeing violence from a partner. That shows that the Government need the cross-party support that they are getting—or were getting; it seems that that is perhaps not as strong as it was. We need to move forward with the Bill so that it can go successfully to its next stage and become law.
Mrs Flick Drummond (Portsmouth South) (Con)
I am sure that new clauses 2 and 3, which were tabled by the hon. Member for Hammersmith (Andy Slaughter), are well intentioned. New clause 2 would give tenants assurances on their length of tenure and new clause 3 would give assurances on rent increases. However, I am concerned that, rather than helping vulnerable homeless people, they would hinder some of the best work in the Bill.
We know that private landlords are increasingly reluctant to accept benefit claimants—that is certainly the experience of Portsmouth City Council. The Bill represents an effort to change that situation, but new clauses 2 and 3 would frustrate it. Tenants are currently encouraged to remain in occupation until they are evicted by a court order so that they cannot be considered to be voluntarily homeless. That is a stressful and debilitating practice for the tenant, and a disincentive for landlords to take on cases from local authorities. That would be especially true under new clause 2 because it would lock landlords into an unbreakable three-year tenancy agreement if the result of giving notice would be to make the tenant homeless.
Will Quince (Colchester) (Con)
Does my hon. Friend agree that the reality is that only around 50% of mortgage lenders lend to buy-to-lets with tenancies of more than one year? The measures might restrict the market even further, so they could cause many more problems than they would fix.
Mrs Drummond
That point was discussed earlier. It would be good if mortgage lenders could extend their offer to three years or even beyond, because we do want long-term tenancies.
New clause 2 would make landlords reluctant to take on anyone who might need local authority help, most of whom would be vulnerable people in receipt of benefits or on low incomes. As Portsmouth and District Private Landlords Association has stressed to me, landlords do not usually evict good and responsible tenants, nor do they want to risk finding bad replacement tenants or to bear the costs of eviction and establishing a new tenancy. But nor do they want their hands to be tied. What if they wanted to sell the rental property or occupy it themselves? New clause 2 makes no provision for that. As a result, it would be a strong disincentive for landlords to take on any tenant who might call on the local authority’s duty to house, if they were given notice.
Mr Clive Betts (Sheffield South East) (Lab)
I will be brief because I recognise that we want to get to the final stages of this excellent Bill by the end of the sitting.
In terms of wider reach, the Bill is of course only a partial solution. The report of the Communities and Local Government Committee on homelessness drew attention to wider issues that need to be addressed. We need to build more homes in this country, particularly more affordable homes, and we need to build more affordable homes to rent. The Committee recognised that housing needs vary in different parts of the country. Different housing markets need a different response, particularly in terms of tenure mix.
We look forward to the housing White Paper, which we understand is coming soon. We hope that it will be published before the end of February, when Ministers will be coming before our Committee to give evidence as part of our inquiry into the capacity of the housebuilding industry. We will be able to pursue further some of the points about the ability to provide the homes that are needed at that time. I hope that, as the Minister for Housing and Planning seems to be indicating, we will see a move away from the idea that starter homes and shared ownership are the total answer to the country’s housing needs.
A lot has been said about longer-term tenancies in the private rented sector. The hon. Member for Harrow East (Bob Blackman) is absolutely right. When the Select Committee looked at that in the previous Parliament, we supported longer-term tenancies. We want to encourage everyone to move towards them. Within those tenancies, people can get the certainty of an agreed annual rent increase, which is different from having an artificially imposed rent control from outside.
In the here and now, money is absolutely crucial to the Bill’s success. We are getting a little confused about the timings of reviews. From the Select Committee’s point of view, two years on from implementation seems to be a good time to review whether the legislation is working and whether the money available had enabled it to work over the previous two years. I hope that the Minister sees the commitment to a review as a helpful proposal. Alongside the Government, we will review the working of the legislation and the position regarding money. Although there is money in the first year to help local government with start-up costs, after the regulations have been put in place, the Act will probably not be implemented for about a year. We then have a second year with limited funding, and then no funding in the third year, which is probably the second year of operation. I have concerns about that.
I cannot see that there will not be costs to local councils, so I think there is a need for a more immediate review after the Bill is passed, with regard to that third year. If Ministers are looking at a quicker, more immediate review of the finances as soon as the Bill is passed, that would be helpful. The Select Committee would be ready to do an immediate review on that very limited basis, if it would assist the process.
Mr Marcus Jones
It is a pleasure to follow the Chairman of the Communities and Local Government Committee, the hon. Member for Sheffield South East (Mr Betts).
Right hon. and hon. Members have spoken quite a lot about the whys and wherefores of process, and about who tabled which amendments where and when—which side is more sanctimonious than the other almost springs to mind. I am not going to get into that because the Bill is very much about outcomes for people who are at risk of homelessness and people who have unfortunately become homeless.
I am grateful for the opportunity to speak to the new clauses tabled by the hon. Member for Hammersmith (Andy Slaughter). New clause 1 would put on the face of the Bill a statutory requirement for the Secretary of State to review the legislation no earlier than one year and no later than two years after commencement, and would require the review to consider the funding of the provisions. The hon. Gentleman will recall that the question of reviewing the costs of the legislation was raised and discussed at length in Committee, but for the benefit of those who were not there I shall state my commitment very clearly.
I will review the implementation of the legislation, including its resourcing and how it is working in practice, concluding no later than two years after the commencement of its substantive clauses. I will also carry out, in the same timeframe, a post-implementation review of the new burdens to review the robustness of our assessment of the estimated cost to local authorities and the underlying assumptions. As part of both reviews, I would welcome the input and expertise of the Select Committee, and I am happy to discuss how it could be involved. The resources and funding requirements related to the duties I have outlined will also be considered alongside all the other responsibilities of local authorities as part of future spending reviews.
It is important to bear it in mind that the Bill’s provisions will not be implemented on the day it receives Royal Assent, as the hon. Member for Hammersmith acknowledged. We were clear in Committee that the Bill’s successful implementation will depend on working with local government to ensure that resources, guidance and training are in place before its provisions are enacted. For that reason, each measure in the Bill can be commenced independently, once local authorities are ready. Given that fact, a statutory requirement to review, tied to the commencement date of the eventual Act, is unworkable, because the substantive clauses will be commenced at a later date. I also argue that such a statutory requirement is unnecessary given the commitments already in place and the long-standing new burdens assessment procedures.
Mr Charles Walker (Broxbourne) (Con)
First, will my hon. Friend make sure, as he always does, that his civil servants are completely aligned with his objectives? Secondly, I welcome his commitment to work with local authorities; I know that my local authority, Broxbourne, would welcome the chance to discuss these matters with him to ensure that the Bill is successful, as I know it will be. Finally, I thank my hon. Friend the Member for Harrow East (Bob Blackman) for his excellent work over the past few months to make sure that today’s proceedings happened and that new legislation comes into effect.
Mr Jones
My hon. Friend makes an important point about working with local authorities, which we are absolutely determined to do during the Bill’s implementation. He knows that I have already met Broxbourne Borough Council to discuss these important issues, and I would certainly be keen to do that again. He also mentioned making sure that my civil servants’ intention is aligned with my own; I can tell him that the civil servants working on the Bill have done an absolutely excellent job in very testing circumstances. Although the Government wanted to introduce legislation, we must acknowledge the fact that the process for this Bill has been different, in that it is a private Member’s Bill that has also been worked on by the Select Committee, and then had input from local government, the Local Government Association and the housing charities. Our civil servants have done a magnificent job of helping us to bring all those groups together to come out with a product that has broad support.
Ms Buck
On the issue of working with local authorities, the Minister will know my concerns, which I raised in Committee, about Westminster City Council’s recent decision to discharge its duty to homeless people mainly outside the local authority, and in some cases as far away as the midlands. His colleague, the Minister for Housing and Planning, told me on “Sunday Politics” last week that Westminster City Council was wrong to do that and that, in the long run, it should be stopped. Will the Minister confirm that today and tell me what he thinks the long run actually means?
Mr Jones
We discussed that issue in some detail in Committee, so I am not going to go into great detail today, but the law is clear on placements out of borough. The Government are absolutely certain that we want that law to be observed, particularly in relation to making sure that councils look at people’s circumstances—such as where children go to school and where people work—before they make any decisions that may affect a particular family.
Andy Burnham
The Minister spoke a moment ago about successful implementation and a review to check that it has been achieved. Part of that success is about the bureaucracy—the successful implementation of the powers and provision of the money required so that local authorities can discharge their functions—but, as new clause 1 says, it is also about the effect the legislation has on actually reducing homelessness. Before he moves on, will he tell us what the Government’s objective is and what test they are setting themselves with respect to reducing both rough sleeping and homelessness by 2020? We can judge then whether they have been successful.
Mr Jones
We have set out a significant determination to reduce both rough sleeping and homelessness in general. Nobody should ever have to spend the night on the street, and it is regrettable that that is currently the case, but the Government are absolutely determined to ensure that nobody has to sleep rough. It is a complex matter, as I am sure the right hon. Gentleman is well aware. Some of the things we are doing will have a significant impact. For example, there is a challenge in getting people moved from hostel accommodation into an intermediate position, before they are able to go into accommodation of their own. We are bringing forward £100 million for move-on accommodation, for which a bidding process will open very shortly. I hope that, in the spirit of the Bill, the right hon. Gentleman will acknowledge that the Government are not resting on their laurels and do not see the Bill as the be all and end all to deal with homelessness and rough sleeping, which we take very seriously. We are doing a whole package of things to try to improve the situation for people.
If accepted, under new clause 2 private sector landlords would not be able to rely on the no fault ground for possession, known as section 21, within the first three years of a tenancy, if the termination of a tenancy would result in a tenant becoming homeless. Landlords, and in many cases tenants, welcome the flexibility of the current assured shorthold tenancy regime, which does not lock the parties into long-term commitments, and promotes mobility. Without the certainty that landlords can seek repossession of their property when required, perhaps for their own family to live in, many would be reluctant to let their properties. The unwanted outcome would be landlords withdrawing from the market, which would not help landlords or indeed tenants.
Before assured shorthold tenancies were introduced under the Housing Act 1988, the private rental market was in decline. Regulated rents made being a landlord simply not commercially viable for many property owners, but since 1988 the private rented sector has increased steadily, growing from just over 9% of the market in 1988 to 19% today. The current framework strikes the right balance between the rights of landlords and tenants, and our efforts should be focused on encouraging a voluntary approach to longer tenancies for those who want them.
With those points in mind, I hope that the hon. Member for Hammersmith will follow through on the comments that he made at the start of the debate and withdraw new clause 2.
Mr Stewart Jackson (Peterborough) (Con)
It is true that, recently, the liberalisation of permitted development rights has released many more properties for rent, which is a very good thing, but does my hon. Friend agree that changes in fiscal policy, buy-to-let, and, in my own area, selective licensing are encouraging more landlords to resist letting properties? This proposal from the Opposition will exacerbate that trend.
Mr Jones
I agree with my hon. Friend. Layering more regulation on to residential landlords will have the net effect of reducing supply. Many of our constituents rely on renting private properties, so we need to be very careful that the balance is right.
Finally, if new clause 3 is enacted, it will introduce rent controls in the private rented sector by compelling landlords to limit rent rises to no more than once a year and by no more than inflation in cases where there is a risk of the tenant becoming homeless as a result of a rent rise. Although I understand the spirit in which this amendment has been tabled, introducing rent controls is fundamentally the wrong approach and is not borne out by evidence. Experience from Britain and around the world shows that rent controls lead to fewer properties on the market and less choice for tenants. Returning to the situation in the 1980s when the private rented sector was in decline will not help landlords or tenants.
The key to improving affordability and choice for tenants is to build more homes rather than impose rent controls. Our build-to-rent fund has now contracted investment worth £630 million to deliver more than 5,600 high-quality homes specifically for private rent. Our £3.5 billion private rented sector housing guarantee scheme will increase the stream of investment in new private rented sector housing.
We have also established the private rented sector affordability and security working group to explore options to reduce the cost for tenants who access and move within the sector. This group is expected to submit its report to Ministers next month.
I therefore urge the House to agree that new clause 3 is not desirable, and, given the commitment I have made to Opposition Front Benchers, I hope that new clauses 1, 2 and 3 will now be withdrawn.
Andy Slaughter
I thank everyone who has spoken in this debate. I appreciate all the comments that have been made. I particularly thank my right hon. Friend the Member for Leigh (Andy Burnham) for speaking so passionately about the situation in Manchester and the issues of rough sleeping, reminding us that these problems go around the country.
I said in my opening remarks that I would not press new clauses 2 and 3 to a vote, and that is still the case. Their purpose was to try to elicit some positive comments from the Minister, but I think I have failed in that respect. We will return to those matters at an early date. Eviction by private sector landlords is the single greatest immediate cause of homelessness, and it does need to be tackled. We are living not in the world of 1988, but in a very different and less stable climate. I was disappointed by the Minister’s rather wholesale rejection of that issue today, but I hope that we will return to it on a future occasion.
On a more positive note, I said that I hoped not to press new clause 1 to a vote. I am greatly encouraged by what the Minister said, and I thank him both for entering into the spirit of the discussion and the specific words he used. He gave us the comfort that we were looking for in relation to a proper, timely and comprehensive review of the finances behind the Bill. I am particularly pleased that he said that the Chair of the Communities and Local Government Committee, my hon. Friend the Member for Sheffield South East (Mr Betts), and the Select Committee itself will be engaged in that process as well as local government. That is extremely helpful, especially given the time pressures we are under to get these matters sorted out here rather than in the other place. I am sure that the other place will be watching and listening to what the Minister and I have said. On that basis, I beg to ask leave to withdraw the new clause.
Clause, by leave, withdrawn.
Clause 4
Duty in cases of threatened homelessness
Mr Marcus Jones
I beg to move amendment 1, page 5, line 32, at end insert—
“( ) But the authority may not give notice to the applicant under subsection (5) on the basis that the circumstances in subsection (7)(b) apply if a valid notice has been given to the applicant under section 21 of the Housing Act 1988 (orders for possession on expiry or termination of assured shorthold tenancy) that—
(a) will expire within 56 days or has expired, and
(b) is in respect of the only accommodation that is available for the applicant’s occupation.”
This amendment prevents a local housing authority from bringing the duty in section 195(2) of the Housing Act 1996 (inserted by clause 4) to an end after 56 days if the applicant has been given a notice under section 21 of the Housing Act 1988 that has expired or will within 56 days expire and which is in respect of the only accommodation that is available for the applicant’s occupation.
Mr Speaker
With this it will be convenient to discuss the following:
Government amendment 2, page 6, line 11, after “accommodation” insert—
“and, on the date of refusal, there was a reasonable prospect that suitable accommodation would be available for occupation by the applicant for at least 6 months or such longer period not exceeding 12 months as may be prescribed”.
This amendment provides that a local housing authority can only bring the duty in section 195(2) of the Housing Act 1996 (inserted by clause 4) to an end on the basis that the applicant has refused an offer of suitable accommodation, if on the date of the refusal there was a reasonable prospect that suitable accommodation would be available for 6 months or such longer period not exceeding 12 months as may be prescribed in regulations made by the Secretary of State.
Government amendment 3, page 6, line 22, at end insert—
“(9) The duty under subsection (2) can also be brought to an end under sections 193A and 193B (notices in cases of applicant’s deliberate and unreasonable refusal to co-operate).”
This amendment inserts, into section 195 of the Housing Act 1996 (inserted by clause 4), a reference to sections 193A and 193B of that Act (inserted by clause 7) under which the duty in section 195(2) can be brought to an end.
Government amendment 4, in clause 5, page 7, line 45, after “accommodation” insert—
“and, on the date of refusal, there was a reasonable prospect that suitable accommodation would be available for occupation by the applicant for at least 6 months or such longer period not exceeding 12 months as may be prescribed”.
This amendment provides that a local housing authority can only bring the duty in section 189B(2) of the Housing Act 1996 (inserted by clause 5) to an end on the basis that the applicant has refused an offer of suitable accommodation, if on the date of the refusal there was a reasonable prospect that suitable accommodation would be available for 6 months or such longer period not exceeding 12 months as may be prescribed in regulations made by the Secretary of State.
Government amendment 5, page 8, line 9, at end insert—
“(9) The duty under subsection (2) can also be brought to an end under—
(a) section 193ZA (consequences of refusal of final accommodation offer or final Part 6 offer at the initial relief stage), or
(b) sections 193A and 193B (notices in cases of applicant’s deliberate and unreasonable refusal to co-operate).”
This amendment inserts, into section 189B of the Housing Act 1996 (inserted by clause 5), references to section 193ZA (inserted by amendment 10), and sections 193A and 193B of that Act (inserted by clause 7), under which the duty in section 189B(2) can be brought to an end.
Government amendment 6, page 8, line 18, leave out paragraph (a) and insert—
“(a) for subsection (1) substitute—
(1) If the local housing authority have reason to believe that an applicant may be homeless, eligible for assistance and have a priority need, they must secure that accommodation is available for the applicant’s occupation.
(1ZA) In a case in which the local housing authority conclude their inquiries under section 184 and decide that the applicant does not have a priority need—
(a) where the authority decide that they do not owe the applicant a duty under section 189B(2), the duty under subsection (1) comes to an end when the authority notify the applicant of that decision, or
(b) otherwise, the duty under subsection (1) comes to an end upon the authority notifying the applicant of their decision that, upon the duty under section 189B(2) coming to an end, they do not owe the applicant any duty under section 190 or 193.
(1ZB) In any other case, the duty under subsection (1) comes to an end upon the later of—
(a) the duty owed to the applicant under section 189B(2) coming to an end or the authority notifying the applicant that they have decided that they do not owe the applicant a duty under that section, and
(b) the authority notifying the applicant of their decision as to what other duty (if any) they owe to the applicant under the following provisions of this Part upon the duty under section 189B(2) coming to an end.”
See amendment 8. This amendment also makes the circumstances in which the interim duty to provide accommodation under section 188(1) of the Housing Act 1996 comes to an end where the local housing authority decide that the applicant does not have a priority need.
Government amendment 7, page 8, line 26, leave out from “for” to end of line 27 and insert—
“pending a decision of the kind referred to in subsection (1)” substitute “until the later of paragraph (a) or (b) of subsection (1ZB).”
See amendments 6 and 8.
Government amendment 8, page 8, line 27, at end insert—
“() for subsection (3) substitute—
‘(2A) For the purposes of this section, where the applicant requests a review under section 202(1)(h) of the authority’s decision as to the suitability of accommodation offered to the applicant by way of a final accommodation offer or a final Part 6 offer (within the meaning of section 193ZA), the authority’s duty to the applicant under section 189B(2) is not to be taken to have come to an end under section 193ZA(2) until the decision on the review has been notified to the applicant.
(3) Otherwise, the duty under this section comes to an end in accordance with subsections (1ZA) to (1A), regardless of any review requested by the applicant under section 202.
But the authority may secure that accommodation is available for the applicant’s occupation pending a decision on review.’”
This amendment, together with amendments 6 and 7, ensure that any interim duty of a local housing authority under section 188 of the Housing Act 1996 to accommodate an applicant continues pending the conclusion of a review of the suitability of accommodation offered in a final accommodation offer or a final Part 6 offer under section 193ZA of that Act (inserted by amendment 10).
Government amendment 9, in clause 6, page 11, leave out lines 14 to 16 and insert—
“(3) For the purposes of this section, a local housing authority’s duty under section 189B(2) or 195(2) is a function of the authority to secure that accommodation is available for the occupation of a person only if the authority decide to discharge the duty by securing that accommodation is so available.”
This amendment ensures that where a local housing authority decides to discharge their duty under section 189B(2) or 195(2) of the Housing Act 1996 (inserted by clauses 5 and 4, respectively) by actually securing that accommodation is available for occupation by the applicant, sections 206 to 209 of that Act apply. Those sections contain various provisions about how a local housing authority’s housing functions are to be discharged.
Mr Jones
I shall start with amendment 1. At our last Committee sitting on 18 January, I committed to tabling an amendment to clause 4 to ensure that tenants at risk of becoming homeless were sufficiently protected and had access to the required help and support. The Committee agreed amendments to clause 1, so that it now extends the period an applicant is “threatened with homelessness” from 28 to 56 days and clarifies that an applicant is “threatened with homelessness” if they have a valid section 21 eviction notice that expires in 56 days or fewer.
Amendment 1 to clause 4 extends the prevention duty to cover instances where a household that has been served with a valid section 21 notice still remains in the property after receiving 56 days of help from the local housing authority under the prevention duty, and is still at risk of becoming homeless. Specifically, it covers instances where a valid section 21 notice has already expired or will expire in relation to the only accommodation the household has available. The amendment ensures that, in such instances, the prevention duty will continue to operate until such time as the local housing authority brings it to an end for one of the other reasons set out in clause 4, even if the 56 days have passed.
I will also address a related question about other ways of ending a tenancy, which was raised by a number of Members—particularly my hon. Friend the Member for Mid Dorset and North Poole (Michael Tomlinson)— during the Committee’s consideration of clause 1. That clause and this amendment address the particular need to clarify the status of an applicant who has been served with a section 21 notice, but, obviously, people can be threatened with homelessness in a number of ways, as was pointed out in Committee, and any eligible applicant who is at risk of being homeless in 56 days or fewer will be entitled to support under the new prevention duty.
Mrs Sheryll Murray
Does the Minister agree that it is absolutely fantastic that we are addressing this situation? Given that the leader of the Liberal Democrats is on the front page of my local paper saying that if the Liberal Democrats were elected to the council they would supply more than 1,000 new homes to address homelessness, is the Minister not shocked that not one of them is in the Chamber today?
Mr Jones
I have been shocked at how little input there has been from the Liberal Democrats: not one Liberal Democrat was here on Second Reading—and, as we can see today, they have not appeared on Report. My hon. Friend makes a good point. Although at a local level there may be some suggestion that the Liberal Democrats want to address this important issue, at a national level, they do not appear to be showing a massive interest.
Mr Burrowes
One of the concerns expressed on Second Reading and in Committee, not least by my hon. Friend the Member for Colchester (Will Quince), relates to councils that seek to ignore statutory guidance and that will recognise someone as homeless only when a bailiff’s notice is served. Shelter has expressed continuing concerns about that issue in respect of clause 1. Can the Minister reassure us that the guidance and prevention duties will mean that councils cannot simply hide and wait for a bailiff’s notice before acting on these vulnerable households at risk of homelessness?
Mr Jones
I can give my hon. Friend that reassurance. Furthermore, given how the legislation will now work, it will be in the local authority’s interest to work more quickly with people at risk of becoming homeless. As we discussed many times in Committee, the legislation will very much drive a culture change, so that people are helped far further upstream than they have been to date. We are particularly keen to end some councils’ practice of saying to people, “Just wait for the bailiffs to arrive and then we’ll try to help you.” We want people to be helped far earlier. We do not want them to face a court appearance and a county court judgment; that will not help them to secure accommodation later.
I move on. The remaining amendments in this group relate to the issues that we identified with clause 7 but that we were, unfortunately, unable to address at an earlier stage. We identified a key issue: what is a workable balance between incentives and protections in cases where an applicant refuses a suitable offer of accommodation at the prevention and relief stages? We have been working closely with the local government sector and the homelessness charities to resolve the issue and to develop a way forward; I thank all those who have provided their expertise and support. We will discuss the core amendments to clause 7 in the next group: they are amendments consequential to amendments made to clauses 4, 5 and 6.
Amendments 2 and 4 clarify the circumstances in which the new prevention and relief duties can be brought to an end by a local housing authority. They would require not only that a suitable accommodation offer had been turned down but that accommodation would have been available for at least six months. Clauses 4 and 5 insert new sections 195 and 189B respectively into the Housing Act 1996. Those set out the duties owed to those who are homeless or threatened with homelessness. Both clauses have provisions allowing those duties to be brought to an end if a number of circumstances apply.
Amendments 2 and 4 would change new sections 189B and 195 to require that the grounds for giving notice would not only be the refusal of an offer of suitable accommodation but that, on the date when the accommodation was refused, there was a reasonable prospect that it would be available for at least six months or a longer period, not exceeding 12 months, as may be prescribed in regulations. The amendments are relatively simple and ensure consistency with provisions elsewhere in the Bill.
Dr Tania Mathias (Twickenham) (Con)
I do not want to take up much time. In the cross-party spirit of the debate, I give credit to my council and all councillors in the borough of Richmond upon Thames for all the work that is done.
I have a concern about these clauses. Every single homelessness case in my constituency of Twickenham is absolutely unique. I have come across a very small number of cases in which the homeless person has refused suitable accommodation for reasons of their individual situation: they are not sectionable, but the issue is to do with mental health. Will the final accommodation not be a full stop? Will the homeless person be able to come back to ask again for the accommodation?
Mr Jones
I certainly agree that many local authorities across the country work very hard to help homeless people. We hope that the Bill will improve the situation further. On the circumstances that my hon. Friend mentions, I should say that a person could go back to the local authority for a review; there is a safeguard for people in that sense.
Will Quince
Will the Minister confirm my understanding that the Bill incorporates a particular and special safeguard—a full written warning—before any duty is then withdrawn? That is an extra protection to ensure that those facing a termination of duty know exactly what they are getting themselves into.
Mr Jones
My hon. Friend has been a diligent member of the Bill Committee, and I thank him for his intervention. He is correct: the Bill provides for a final written warning. Obviously, we want to make sure that people have an incentive to do the right thing and accept an offer of suitable accommodation, but we also need to consider people who present challenges and need a final warning, in some circumstances, to make them think again and take up the offer the local authority has made.
Amendments 3 and 5 insert helpful signposts into clauses 4 and 5 to ensure that they are appropriately cross-referenced with clause 7. Specifically, they insert references to the provisions in clause 7 about ending the prevention and relief duties when an applicant has deliberately and unreasonably refused to co-operate, and to the provisions about ending the relief duty when an applicant has refused a final accommodation offer or a final part 6 offer. That simply means that the ways in which the prevention and relief duties can be ended are easier to see and understand for those reading the clauses.
Amendment 8, along with amendments 6 and 7, deal with the provision of interim accommodation while a local housing authority is helping an applicant to secure accommodation under clause 5. Amendment 6 sets out that, if a local housing authority has reason to believe that an applicant may be homeless, eligible for assistance and in priority need, it must secure interim accommodation. It also sets out how that duty comes to an end.
In cases where the local housing authority has concluded its inquiries under the homelessness legislation and decides that the applicant does not have a priority need, the duty comes to an end in two circumstances: first, if the local housing authority notifies the applicant that the relief duty is not owed; and secondly, if the local housing authority notifies the applicant that, once the relief duty ends, they will not be owed any further duty to accommodate.
Amendment 7 is a technical amendment to the Housing Act 1996 required as a result of amendments 6 and 8. Where an applicant has been provided with interim accommodation and refuses a final offer, they may request a review of the suitability of that offer. Amendment 8 ensures that the duty to secure interim accommodation continues until any review has been concluded and the decision has been notified to the applicant.
Finally in this group, I turn to amendment 9. The duties to applicants under clauses 4 and 5—the prevention and relief duties—are to help the applicant to secure accommodation. In some cases, this will entail the local housing authority securing this accommodation directly, rather than helping the applicant by, for example, providing a deposit guarantee. Amendment 9 provides that, where that is the case, the provisions of sections 206 to 209 of the Housing Act 1996 apply in the same way they would if the local housing authority secured accommodation under the main homelessness duty.
Those sections contain various provisions about how a local housing authority’s housing functions are to be discharged—for example, about how authorities may secure that accommodation is available and how they can require an applicant to pay a reasonable charge for the accommodation. Provisions also cover the requirements relating to placements in and out of district, including notifications to the hosting local housing authority.
I will leave it at that on amendments 1 to 9. I hope that the House will look favourably on them, in the spirit in which proceedings on the Bill have been conducted, and support them.
Andy Slaughter
I must say that, after the 14 hours and seven sittings in Committee that we have heard about, I was somewhat alarmed when the Government tabled 21 amendments on over six pages last week. I have to say that, on my first reading of them, I was not much the wiser as to what was happening. However, one perseveres, as one always does with legislation.
I must say two things. First, I do appreciate the difficulties the Minister and the promoter have had in squaring the circle so that local government, landlords and homelessness charities are all happy about the way the Bill works, rather than about the principles of the Bill, which I think have been agreed. I am also grateful to the Minister for giving us time with his officials to go through in some detail the implication of the amendments and why they are necessary, and I think I speak for my hon. Friends in saying that. It is regrettable that things could not have been done differently, but we are where we are, and the Opposition regard these amendments and the next set, which we will come to in due course, as either necessary or improving of the Bill, so we will not oppose any of them today, and I can be fairly brief in responding.
I have only two concerns to raise. I think we have all struggled with clause 1. When you start debating clause 1 in the sixth session of a Committee, you know that something is awry. There have been real difficulties with getting this operative clause of the Bill correct, and it is still not perfect. Much of the original clause 1 had to be omitted because it created more problems than it resolved. The key point—about extending the duty from 28 to 56 days —is still there, but there are concerns that, notwithstanding that, and notwithstanding the further amendments before us, which will extend that duty beyond the 56 days where necessary, local authorities will be able to continue to drag their feet in some cases. However, everything that has been said on all sides, and the refinements before us, which add to what is in clause 1, certainly show that the spirit of the Bill—I hope the same is true of the letter of the Bill when we come to the codes of guidance—really does require all local authorities to act at an early stage and to deal, particularly in the case of section 21 notices, with homelessness and threatened homelessness at an early stage.
The other point—the Minister may address this when we deal with the subsequent provisions—is what additional costs there are likely to be. There will undoubtedly be cost implications in relation to continuing prevention assistance beyond 56 days and—this is quite proper—to being clear about when interim duties come to an end and continuing them while reviews continue. I would like to hear from the Government not only whether those costs will be fully funded but whether the funds have been calculated. Will we hear about that today? We certainly need to before the Bill leaves both Houses. However, with those two caveats, I can be commendably brief and end my comments there.
Bob Blackman
I am pleased to support these amendments and to follow the hon. Member for Hammersmith (Andy Slaughter).
It is fair to say that the amendments have been some time in coming. I commend my hon. Friend the Minister, his officials, the homelessness charities and the landlord associations on assisting us in reaching an appropriate compromise. The hon. Member for Hammersmith pointed out that clause 1 was debated some way into the Committee sittings, as, indeed, was clause 7. By that time, we had passed clauses 4, 5 and 6, and these amendments relate to those clauses.
Clearly, the amendments we made to clause 1 in Committee had consequential impacts, which needed to be reflected in clauses 4, 5 and 6. Those clauses refer to the duty in cases of threatened homelessness, the duties owed to those who are homeless and the duties to help to secure accommodation. So the amendments before us are largely technical and follow up the changes made by the Bill Committee.
The most important aspect of this is that the prevention duty cannot end after 56 days with the individual or family still sitting in their home facing eviction under a section 21 notice under the Housing Act 1988, and with nowhere else to go.
Clause 1 of the original draft Bill was substantially changed before Second Reading, after pre-legislative scrutiny, and was substantially changed again in Committee. That had a consequential, knock-on effect on the other clauses in the Bill, and that is why the amendments are essential.
We have now got to a position with these clauses where we can help to make sure that local housing authorities act at an early stage. We do not want—I think this is true right across the House—a single individual or family to be told by their local housing authority, “Yes, you may be threatened with homelessness. Go back to your home, stay put and wait until the court action follows and the bailiffs arrive.” That is completely against the spirit of the Bill and is against what everyone wants to see. If we get to a point where landlords are taking tenants to court, gaining possession orders and getting bailiffs and county court judgments against tenants, those tenants, who will then be evicted and face huge costs, will be extremely unlikely to get accommodation in the private rented sector ever again.
In correcting this position, we have to end the bad practice followed by some local authorities—by no means all—of telling tenants to go back and stay put. It is important, above all else, that individuals who are faced with homelessness can get help and advice from the word go, once they approach the local housing authority. The clarifications proposed by my hon. Friend the Minister ensure that the local authority is not allowed to end its duty on reaching the technical position where the 56 days has expired. That is a very positive move.
The rest of the amendments in this group reflect the changes that we made to clause 7 in Committee. Once again, they ensure that protections are in place for applicants.
Andy Burnham
The hon. Gentleman says that the protections are in place for applicants. Amendment 2 guarantees a tenancy of at least six months. As I understand it, that is a reduction in the current level, which is at least 12 months. I am not saying that this is necessarily wrong, but I would like him to comment on it. Often, because of the complexity in their life, people at least need security in their tenancy so that they can sort out other problems that they may have. Is six months really long enough? Might it not lead to repeat homelessness as people do not have that longer-term security behind them?
Bob Blackman
This has been discussed during the Select Committee’s homelessness inquiry, in the Bill Committee, and during our debates not only in this place but outside it with the various organisations involved. I am very keen that tenancies should be longer than six months, but I am also mindful of the fact that we do not want to get to a point whereby we reduce the amount of accommodation that could be available for people in this vulnerable group. I am equally certain that we do not want to get to a point, as we could have done during some of the debates, where we have an unrighteous circle, as it were, of people becoming homeless, being put in accommodation by a local authority, their tenancy coming to an end, and back they go to being homeless—it just becomes a repeat cycle. We are all committed to wanting to end that cycle. We do not get the opportunity to change legislation on homelessness very often. As I said, it has been 40 years since such legislation was introduced. We therefore want to put in the minimum standards so that, if necessary, the law can be changed by regulation to increase the period. We want a bare minimum to start with.
Andy Burnham
I hear what the hon. Gentleman says, and I accept that we would see six months as a minimum, but why cap it at 12 months in the amendment? If we want a minimum standard, that is fine, but why put an upper limit on it?
Bob Blackman
The Minister will explain that when he winds up. In certain clauses, there is provision for 12-month tenancies, and during our debates we reduced the position to six months with a cap of 12 months. The right hon. Gentleman should remember, though, that a variety of duties are addressed in the Bill: the relief duty, the prevent duty, and the duty owed to priority-need applicants. The predominant aim has always been not to place priority-need families in a worse position than they would otherwise have been facing.
David Morris (Morecambe and Lunesdale) (Con)
I pay tribute to my hon. Friend for introducing this Bill. I have listened to Members on both sides of the House, and the debate has been very collegiate. Will the Minister, and the House, consider the effects on our servicemen who leave the armed forces under the armed forces covenant? Due to problems that they have in certain cases—each one could be unique—would they be seen as a priority under this Bill?
Bob Blackman
If my hon. Friend would like to go through the 18 pages of the Bill, he will find that people leaving the armed forces are specifically mentioned as being owed a duty under it. Under the armed forces covenant, they should already be provided with accommodation and with help and assistance from their relevant local authority, but there is a new duty on the armed forces to refer people who are leaving to the relevant local authority so that they get help and assistance early on rather than having to seek advice separately. Someone who is leaving the armed forces, as a planned move, should be referred to their relevant local authority, which of course may not be where they are currently based as a member of the armed forces.
I am particularly pleased that the Minister has proposed in his amendments that the requirement for interim accommodation is continued until any reviews are completed. One of the key aspects of the Bill, from my perspective, is to make sure that applicants who are facing an absolute crisis point in their lives, many of whom are becoming homeless for the first time ever, are not put in a position whereby they are told by a local authority, “This is what you’re going to have—take it or leave it.” It is absolutely imperative that there is an agreement between the applicant and the local authority. If the local housing authority acts in an unfair way from the perspective of the applicant, there must also be a process whereby they can seek external help or assistance from appropriate charities in order to get a review to make sure that they are given the proper help and advice and end up being in a position to be offered accommodation.
I welcome these amendments and hope the whole House will support them.
Mr Betts
When we discuss a Bill on Report, there are times when we find ourselves dealing with an awful lot of Government amendments and suspect that Ministers are trying, at the last minute, to slide one or two contentious issues past the House under the radar, thinking that people might miss them due to the great complexity of our discussions—[Interruption.] I am sure that my right hon. Friend the Member for Leigh (Andy Burnham) never did that when he was a Minister, as he has just indicated. This, however, is not one of those occasions.
As my hon. Friend the Member for Hammersmith (Andy Slaughter) said, there has been a great deal of discussion not only in the House, by Members on both sides, but outside it with the charities arguing the case for homeless people, the Local Government Association and landlords, among others, to try to get this right. It is important that we do get it right, even though the process has taken a bit longer than some of us would have wished.
Once again, I pay tribute to the diligence and forbearance of the hon. Member for Harrow East (Bob Blackman) in trying to get us moving forward in a consensual manner on these issues. As he said, it took us a long time to get to this version of clause 1, which has appeared in many formats. It goes to the heart of the concerns that many of us have about the workings of existing legislation. One of the worst aspects of the way in which homeless families are currently treated—even those who are acknowledged to have a priority need—is that they are told to go away, sit at home and wait for the court to hear their case, and that then the authority may act, once a court order has been made, to deal with their situation. In the very worst cases, they are told, “Wait until the bailiff has arrived and while you are out on the street, we might decide to deal with you as a homeless family.” That situation is not acceptable, so it is important that it changes as a result of this Bill. The hon. Gentleman said that, importantly, the 56-day provision will not end responsibility—the prevention duty continues beyond that time if a family does not yet have settled circumstances.
I had concerns that the specific requirement to deal with homelessness once a section 21 notice had been served, rather than allowing the matter to get to court, which was in a previous version of clause 1, had been taken out. I accept that the requirement for local authorities to exercise the prevention duty means that as soon as a section 21 notice is served and the family provide the local authority with that information, the duty kicks in and the local authority immediately has to seek to resolve the family’s homelessness and look for alternative accommodation for them.
The code of guidance, which was discussed at length in the Bill Committee—I had a discussion about it with the Minister outside the room and then we referred to it in Committee—will be important to make it clear to local authorities how they should treat a family who are subject to a section 21 notice and in priority need. They will need to make sure that they do not get to the court stage before action is taken. It is also important for making sure that an offer acknowledges, as far as possible, an individual family’s circumstances with regard to the schooling of children, the employment of family members, caring responsibilities and so on. Moreover, if a family have to be offered accommodation outside the borough, the receiving borough has to be notified that they are coming. Many of those important issues are in the existing code of guidance, but authorities have not implemented the code or addressed them.
We all hope that the Bill will be enacted before long. The Minister said helpfully in Committee that he will present the code of guidance to Parliament for approval, which is welcome. Our Select Committee has said that we will quickly arrange an evidence session on the code because we want to make sure that it is right. Getting the Act right but having a code of guidance that does not work will leave us no better off; getting both of them right will make the situation much better so that local authorities are able to address the issue of homeless families. I hope that Ministers will welcome that as another way in which the Select Committee can play a constructive role in this private Member’s Bill process by ensuring that the legislation has cross-party support and really works for homeless people.
Bob Blackman
I thank the hon. Gentleman—I shall call him my hon. Friend—for giving way. We look forward to the publication of the code of guidance once the Bill is enacted. The Bill also makes provision for issuing statutory codes of practice, so if local authorities fail to live up to both the spirit and the letter of the law, the Secretary of State will have the opportunity to impose on them a requirement to do what we expect them to do.
Mr Betts
That is very helpful. The Select Committee might well want to extend its remit and look at those codes of practice as well to make sure that everything is working. Indeed, the Minister has gone further by saying that he wants local authorities to indicate to the Government how they intend to implement the Bill. Ministers want to work with the LGA to get templates for how elements of the Bill, including giving advice to individuals who are not in priority need, should be implemented. Those are welcome measures and the LGA will want to be thoroughly involved in the process. With those comments about the issues that will need to be addressed once the Bill becomes an Act, I am happy to support the Government amendments.
Mr Marcus Jones
I will start by responding to the hon. Member for Hammersmith (Andy Slaughter). Significant concerns were raised on Second Reading, particularly with regard to the views of the Residential Landlords Association. In keeping with the spirit of the way in which this legislation has been developed, significant work took place to try to resolve that issue so that the Bill would not be put at risk during the parliamentary process. That work was done in conjunction with not just the RLA, but a number of charities and the LGA.
Andy Burnham
On Government amendment 2, which I asked the hon. Member for Harrow East (Bob Blackman) about, why cap the tenancy at 12 months? That seems to encourage local authorities to offer shorter-term tenancies, rather than making standard offers of longer-term tenancies. The Select Committee did not recommend a 12-month cap, so why have the Government inserted such a provision?
Mr Jones
If the right hon. Gentleman will forgive me, I will make the points that I was going to make and then I will directly address his point.
The hon. Member for Hammersmith mentioned Shelter’s concerns about clause 1. I assure him that we reached agreement with Shelter and other organisations that the clause would be acceptable before it was drafted and before the amendments were tabled. He also mentioned costs, about which we had a long debate in Committee. I note that he has been reassured by comments today, given his willingness to withdraw new clause 1. I undertook to consider further amendments and, once the Bill has been amended, I will be more than willing to share with the House what the additional costs will be.
I hope that the right hon. Member for Leigh (Andy Burnham) will be reassured that there is no upper limit. The reference to 12 months means that the minimum length of tenancy can be increased to 12 months through regulations. Basically, if the rental market changed and we were in a position to change legislation to reflect a 12-month rather than six-month tenancy, that provision would give us the flexibility to do so. It does not put a maximum cap on the tenancy that can be secured. If a local authority is able to secure a three-year tenancy because that is what a landlord is offering, people who were homeless or at risk of homelessness would be able to take up that offer of a longer tenancy. I hope that that reassures him.
I thank my hon. Friend—I nearly went too far. I am not sure that “hon. Friend” would be the right term, bearing in mind that I have another appearance before the Select Committee on Monday, but I thank the hon. Member for Sheffield South East (Mr Betts) for the part that he has played on the Committee. I thank him and the hon. Member for Hammersmith, as well as other Members, especially the hon. Member for Dulwich and West Norwood (Helen Hayes), for the work that they have been willing to do behind the scenes to get the Bill to this point.
The hon. Member for Sheffield South East talked about the code of guidance, and it is critical that we get that right. As he knows, the code of guidance will be updated. The Bill includes a commitment to put that before the House, and we will work with the LGA on that code to ensure that we get it as right as we can. As my hon. Friend the Member for Harrow East pointed out, the Bill contains powers to put in place a code of practice, so the Secretary of State can reinforce any existing legislation through regulations, or introduce new regulations.
There is a positive consensus across the House that the amendments will improve the Bill and make it more workable.
Amendment 1 agreed to.
Amendments made: 2, page 6, line 11, after “accommodation” insert
“and, on the date of refusal, there was a reasonable prospect that suitable accommodation would be available for occupation by the applicant for at least 6 months or such longer period not exceeding 12 months as may be prescribed”
This amendment provides that a local housing authority can only bring the duty in section 195(2) of the Housing Act 1996 (inserted by clause 4) to an end on the basis that the applicant has refused an offer of suitable accommodation, if on the date of the refusal there was a reasonable prospect that suitable accommodation would be available for 6 months or such longer period not exceeding 12 months as may be prescribed in regulations made by the Secretary of State.
Amendment 3, page 6, line 22, at end insert—
‘(9) The duty under subsection (2) can also be brought to an end under sections 193A and 193B (notices in cases of applicant’s deliberate and unreasonable refusal to co-operate).””—(Mr Marcus Jones.)
This amendment inserts, into section 195 of the Housing Act 1996 (inserted by clause 4), a reference to sections 193A and 193B of that Act (inserted by clause 7) under which the duty in section 195(2) can be brought to an end.
Clause 5
Duties owed to those who are homeless
Amendments made: 4, page 7, line 45, after “accommodation” insert
“and, on the date of refusal, there was a reasonable prospect that suitable accommodation would be available for occupation by the applicant for at least 6 months or such longer period not exceeding 12 months as may be prescribed”
This amendment provides that a local housing authority can only bring the duty in section 189B(2) of the Housing Act 1996 (inserted by clause 5) to an end on the basis that the applicant has refused an offer of suitable accommodation, if on the date of the refusal there was a reasonable prospect that suitable accommodation would be available for 6 months or such longer period not exceeding 12 months as may be prescribed in regulations made by the Secretary of State.
Amendment 5, page 8, line 9, at end insert—
‘(9) The duty under subsection (2) can also be brought to an end under—
(a) section 193ZA (consequences of refusal of final accommodation offer or final Part 6 offer at the initial relief stage), or
(b) sections 193A and 193B (notices in cases of applicant’s deliberate and unreasonable refusal to co-operate).””
This amendment inserts, into section 189B of the Housing Act 1996 (inserted by clause 5), references to section 193ZA (inserted by amendment 10), and sections 193A and 193B of that Act (inserted by clause 7), under which the duty in section 189B(2) can be brought to an end.
Amendment 6, page 8, line 18, leave out paragraph (a) and insert—
“(a) for subsection (1) substitute—
(1) If the local housing authority have reason to believe that an applicant may be homeless, eligible for assistance and have a priority need, they must secure that accommodation is available for the applicant’s occupation.
(1ZA) In a case in which the local housing authority conclude their inquiries under section 184 and decide that the applicant does not have a priority need—
(a) where the authority decide that they do not owe the applicant a duty under section 189B(2), the duty under subsection (1) comes to an end when the authority notify the applicant of that decision, or
(b) otherwise, the duty under subsection (1) comes to an end upon the authority notifying the applicant of their decision that, upon the duty under section 189B(2) coming to an end, they do not owe the applicant any duty under section 190 or 193.
(1ZB) In any other case, the duty under subsection (1) comes to an end upon the later of—
(a) the duty owed to the applicant under section 189B(2) coming to an end or the authority notifying the applicant that they have decided that they do not owe the applicant a duty under that section, and
(b) the authority notifying the applicant of their decision as to what other duty (if any) they owe to the applicant under the following provisions of this Part upon the duty under section 189B(2) coming to an end.”;”
See amendment 8. This amendment also makes the circumstances in which the interim duty to provide accommodation under section 188(1) of the Housing Act 1996 comes to an end where the local housing authority decide that the applicant does not have a priority need.
Amendment 7, page 8, line 26, leave out from “for” to end of line 27 and insert
““pending a decision of the kind referred to in subsection (1)” substitute “until the later of paragraph (a) or (b) of subsection (1ZB).”
See amendments 6 and 8.
Amendment 8, page 8, line 27, at end insert “;
() for subsection (3) substitute—
“(2A) For the purposes of this section, where the applicant requests a review under section 202(1)(h) of the authority’s decision as to the suitability of accommodation offered to the applicant by way of a final accommodation offer or a final Part 6 offer (within the meaning of section 193ZA), the authority’s duty to the applicant under section 189B(2) is not to be taken to have come to an end under section 193ZA(2) until the decision on the review has been notified to the applicant.
(3) Otherwise, the duty under this section comes to an end in accordance with subsections (1ZA) to (1A), regardless of any review requested by the applicant under section 202.
But the authority may secure that accommodation is available for the applicant’s occupation pending a decision on review.””.—(Mr Marcus Jones.)
This amendment, together with amendments 6 and 7, ensure that any interim duty of a local housing authority under section 188 of the Housing Act 1996 to accommodate an applicant continues pending the conclusion of a review of the suitability of accommodation offered in a final accommodation offer or a final Part 6 offer under section 193ZA of that Act (inserted by amendment 10).
Clause 6
Duties to help to secure accommodation
Amendment made: 9, page 11, leave out lines 14 to 16 and insert—
‘(3) For the purposes of this section, a local housing authority’s duty under section 189B(2) or 195(2) is a function of the authority to secure that accommodation is available for the occupation of a person only if the authority decide to discharge the duty by securing that accommodation is so available.”. —(Mr Marcus Jones.)
This amendment ensures that where a local housing authority decides to discharge their duty under section 189B(2) or 195(2) of the Housing Act 1996 (inserted by clauses 5 and 4, respectively) by actually securing that accommodation is available for occupation by the applicant, sections 206 to 209 of that Act apply. Those sections contain various provisions about how a local housing authority’s housing functions are to be discharged.
Clause 7
Deliberate and unreasonable refusal to co-operate: duty upon giving of notice
Mr Marcus Jones
I beg to move amendment 10, page 11, line 19, at end insert—
193ZA Consequences of refusal of final accommodation offer or final Part 6 offer at the initial relief stage
(1) Subsections (2) and (3) apply where—
(a) a local housing authority owe a duty to an applicant under section 189B(2), and
(b) the applicant, having been informed of the consequences of refusal and of the applicant’s right to request a review of the suitability of the accommodation, refuses—
(i) a final accommodation offer, or
(ii) a final Part 6 offer.
(2) The authority’s duty to the applicant under section 189B(2) comes to an end.
(3) Section 193 (the main housing duty) does not apply.
(4) An offer is a “final accommodation offer” if—
(a) it is an offer of an assured shorthold tenancy made by a private landlord to the applicant in relation to any accommodation which is, or may become, available for the applicant’s occupation,
(b) it is made, with the approval of the authority, in pursuance of arrangements made by the authority in the discharge of their duty under section 189B(2), and
(c) the tenancy being offered is a fixed term tenancy (within the meaning of Part 1 of the Housing Act 1988) for a period of at least 6 months.
(5) A “final Part 6 offer” is an offer of accommodation under Part 6 (allocation of housing) that—
(a) is made in writing by the authority in the discharge of their duty under section 189B(2), and
(b) states that it is a final offer for the purposes of this section.
(6) The authority may not approve a final accommodation offer, or make a final Part 6 offer, unless they are satisfied that the accommodation is suitable for the applicant and that subsection (7) does not apply.
(7) This subsection applies to an applicant if—
(a) the applicant is under contractual or other obligations in respect of the applicant’s existing accommodation, and
(b) the applicant is not able to bring those obligations to an end before being required to take up the offer.”
This amendment provides that a local housing authority’s duty to an applicant under section 189B(2) of the Housing Act 1996 (inserted by clause 5) comes to an end, and the applicant does not proceed to the main duty under section 193 of that Act, if the applicant refuses a final offer of an assured shorthold tenancy of at least 6 months or an offer of social housing under Part 6 of that Act. In either case, the offer would have to be of accommodation that is suitable for the applicant.
Madam Deputy Speaker (Natascha Engel)
With this it will be convenient to discuss the following:
Government Amendment 11, page 11, leave out lines 29 and 30
This amendment, and amendments 12 and 13, limit the grounds on which a notice can be given under new section 193A of the Housing Act 1996 (inserted by clause 7), so that it can only be given if the applicant deliberately and unreasonably refuses to take a step that the applicant agreed to take, or that was recorded, under new section 189A of that Act (inserted by clause 3).
Government Amendment 12, page 12, leave out lines 9 to 11
See amendment 11.
Government Amendment 13, page 12, line 16, leave out from “refuse” to “after” in line 17 and insert “to take any such step”
See amendment 11.
Government Amendment 14, page 13, line 16, after “made” insert “by a private landlord”
This amendment, and amendments 15 and 16, make it clear that a final offer of an assured shorthold tenancy would not be made by the local housing authority itself, but rather be made by a private landlord and approved by the authority. A local housing authority cannot grant an assured shorthold tenancy - see sections 1 and 19A of, and paragraph 12 of Schedule 1 to, the Housing Act 1988.
Government Amendment 15, page 13, line 19, leave out “by or”
See amendment 14.
Government Amendment 16, page 13, line 29, leave out from “not” to “unless” in line 30 and insert “approve a final accommodation offer, or make a final Part 6 offer,”
See amendment 14.
Amendment 17, page 13, line 39, after “if” insert “—
(a) section 193ZA(3) disapplies this section, or
(b) ”
This amendment inserts, into section 193 of the Housing Act 1996, a reference to section 193ZA of that Act (inserted by amendment 10), under which section 193 can be disapplied.
Government Amendment 18, in clause 9, page 15, line 6, after “section” insert “193ZA or”
This amendment allows an applicant to request a review of a local housing authority’s decision as to the suitability of accommodation offered to the applicant by way of a final accommodation offer or a final Part 6 offer under section 193ZA of the Housing Act 1996 (inserted by amendment 10).
Government Amendment 19, in clause 12, page 17, line 22, after “section” insert “193ZA(6) or”
This amendment applies the provision in article 3 of the Homelessness (Suitability of Accommodation) (England) Order 2012 (S.I. 2012/2601), about when accommodation is to be regarded as unsuitable, to a decision by a local housing authority as to whether they should approve a final accommodation offer by a private landlord for the purposes of section 193ZA of the Housing Act 1996 (inserted by amendment 10).
Government Amendment 20, in clause 12, page 17, line 26, leave out “vulnerable person” and insert
“person who has a priority need”
This amendment applies the provision in article 3 of the Homelessness (Suitability of Accommodation) (England) Order 2012 (S.I. 2012/2601), about when accommodation is to be regarded as unsuitable, to accommodation secured by a local housing authority, in discharge of their duty under section 189B(2) or 195(2) (inserted by clauses 5 and 4, respectively), for all persons who have a priority need rather than just “vulnerable persons”.
Government Amendment 21, in clause 12, page 17, leave out lines 32 to 37
See amendment 20. This amendment removes the definition of “vulnerable person”.
Mr Jones
This is the last set of Government amendments and I am grateful for the forbearance of the House. As I explained on the last group, we identified a number of issues with clause 7 that we were unfortunately unable to resolve in Committee. This group contains the core corrections to clause 7. We have already discussed the related amendments to clauses 4, 5 and 6, and this group also contains related amendments to clauses 9 and 12.
Amendment 10 delivers an important change, and has been laid following extensive discussion with the local government sector and with Crisis and Shelter. It deals with the consequences for applicants of refusing offers of accommodation made by the local housing authority during the relief duty. The Bill already provides that the local housing authority can bring the relief duty to an end if an applicant refuses an offer of suitable accommodation. The applicant can then go on to the main homelessness duty under section 193 of the Housing Act 1996, if they are owed it. We believe it is right that where an applicant is made a suitable offer under the relief duty, they should not be able to move into the main duty by refusing that offer. That is an important part of the balance between rights and responsibilities for applicants. However, it is also essential that, if the offer is intended to be the applicant’s final offer, appropriate safeguards are in place.
Amendment 10 provides that where an applicant refuses an offer and the relief duty is ended, the applicant will not proceed to the main duty, but that will apply only if the offer reaches a particular standard. The offer must be either a final accommodation offer or a final part 6 offer, and the applicant must be informed of the consequences of refusing and of their right to request a review of the suitability of the accommodation. A final part 6 offer is a suitable offer of social housing. A final accommodation offer is an offer of an assured shorthold tenancy with a term of at least six months in the private rented sector.
Amendments 14, 15 and 16 clarify that a final offer of an assured shorthold tenancy made to an applicant who has refused to co-operate will be made by a private landlord. This clarification brings the clause in line with other provisions relating to private rented sector offers in the homelessness legislation.
Amendments 17, 18 and 19 reflect the relevant changes introduced by clause 10 to the relevant parts of the Bill, including providing that the applicant can request a review of the suitability of the accommodation and that appropriate suitability requirements apply.
The last set of amendments to clause 7 relate to another issue we identified during Committee stage. At the moment, clause 7 is drafted in a way that means that the definition of deliberate and unreasonable co-operation is drawn more widely than we intended, covering co-operation with the local housing authority in the exercise of its functions under the prevention and relief duties. Amendments 11, 12 and 13 make it clear that the provisions apply only when the applicant’s refusal to co-operate relates specifically to the steps set out in their personalised plan.
Finally, on amendments 20 and 21, clause 12 amends article 3 of the Homelessness (Suitability of Accommodation) (England) Order 2012. Article 3 currently requires that when a local housing authority approves an offer in the private rented sector for those in priority need under the main homelessness duty, additional checks are required to ensure the property is in reasonable physical condition, is safe and is a well-managed property. Those additional checks are extended by clause 12 to those defined as vulnerable persons and to secured accommodation in the private rented sector under the new homelessness prevention and relief duties.
Hon. Members on both sides of the Committee were concerned that the protection did not go wider. In particular, the hon. Member for Westminster North (Ms Buck) suggested that other types of applicant should be afforded this protection, including families with children and pregnant women. These concerns were echoed by my hon. Friends the Members for Mid Dorset and North Poole (Michael Tomlinson), for Colchester (Will Quince), for Northampton South (David Mackintosh) and for Chippenham (Michelle Donelan). I have listened carefully, and I am pleased to bring forward amendments 20 and 21 to provide that these additional checks be made in respect of all those with a priority need where the local housing authority secures private rented sector property under the new prevention and relief duties.
In conclusion, this is an unusually long list of amendments for the Report stage of a private Member’s Bill, but I have worked closely with my hon. Friend the Member for Harrow East (Bob Blackman), the local government sector and homelessness charities to ensure that the Bill is fit for purpose, and I want again to thank them all for their efforts in putting together what is now a very strong package.
Andy Slaughter
The purpose of the amendments is to clarify and give certainty, where required, to certain provisions in the Bill and, in some cases, to correct drafting or extend the ambit of clauses. We have no problem with any of the amendments, and I am pleased to say, having just reread the briefing from the local government and charities sides, that although one side supports them more than the other, as one would expect, both agree that they should go forward as a package.
Amendment 10 makes it clear when the interim duty comes to an end, about which the LGA and others have been anxious for certainty. Amendments 20 and 21, which the Minister just referred to, were particularly called for by Shelter and in Committee by my hon. Friend the Member for Westminster North (Ms Buck), who led for the Opposition on that part of the Bill. I am pleased the Government have tabled the amendments because they address a key point by providing that all priority need households be included, rather than just those that are vulnerable, which clears up an important omission. One side, in particular, favoured the amendments, but all sides are at least content with them.
Another thing the amendments, particularly amendments 10, 20 and 21, have in common is that they incur costs. The Minister said, slightly coyly, that when the amendments passed, he would return to the matter of costs. I hope that means on Third Reading, because, from what I have heard, I assume the amendments will pass in a few moments. The costs will not be negligible. Obviously, he goes into this with his eyes open, but it would be helpful if we had an update today or at least were told when we will have it. We need to be certain not only about what the Bill means—that it addresses the key points—but that it will be fully funded.
With those comments, I need not prolong the debate, because we have gone through the amendments with the Minister and the officials, and I think we have a pretty keen understanding of why they are necessary and should form part of the Bill.
Bob Blackman
I am delighted to rise for the last time on Report in support of a group of amendments. My hon. Friend the Minister introduced them at length, so I will keep my remarks to the pertinent points. I thank him and the officials for all their work in getting us to the point of these detailed amendments. I am sure that all would agree that it has been a long and almost tortuous journey to identify the different issues with clause 7, but we have worked patiently and appropriately with the LGA, Crisis and, in particular, Shelter to resolve the issues such that everyone now supports the amended clause 7, as the hon. Member for Hammersmith (Andy Slaughter) pointed out.
As I said earlier, we did not want a change in the law to put priority-need families in an even worse position than they were already in. We wanted to enable single homeless people, and others who were not currently owed a statutory duty, to be given help and advice and an offer of suitable accommodation. At present, that accommodation will almost certainly be in the private sector, but it is up to local authorities to establish whether they can find a social rented property to provide for such people.
I particularly welcome amendments 20 and 21. As we heard from the Minister, in Committee there were representations—not least from the hon. Member for Westminster North (Ms Buck), who kicked off on the issue—about the scope of what is now clause 12 in relation to the suitability of offers in the private sector. Ideally, local authorities would inspect and approve every single offer to every potential tenant, but during the pre-legislative scrutiny of the draft Bill we decided that the cost to them would be beyond what was reasonable. We therefore focused on priority need, and, indeed, vulnerable people. I am delighted that the Minister has found a way of extending the provision to all those people, not least pregnant women.
Jonathan Reynolds (Stalybridge and Hyde) (Lab/Co-op)
We have all managed to make this part of the Bill sound very technical, but it seems to me that what it basically means is that the quality of private rented homes offered to families will improve, which is something that a great many people want to happen. Is that the hon. Gentleman’s understanding as well?
Bob Blackman
Obviously, we do not want families or individuals who are reaching a crisis point in their lives, having become homeless, to be placed in completely unsuitable accommodation, or with rogue landlords who are unsuitable people to be offering accommodation in the first place, and it should be the duty of local authorities to ensure that that does not happen. The amendments will ensure that the current position is corrected for the benefit of society. Ideally, no one would ever be offered unsuitable accommodation, but, as I think we all recognise, that is sometimes the case.
Clause 7 deals with
“an applicant’s deliberate and unreasonable refusal to co-operate”.
A balance needed to be struck. As the Bill’s promoter, I must make it abundantly clear that homeless people will not be able to just turn up to their local housing authority and say, “You have a duty to find me somewhere to live”, and then fold their arms and wait for it to happen. They will have a duty to co-operate with the plan and carry out the actions required under it, and if they fail to do so, the housing authority will be able to terminate its duty. So there are duties on both sides, which must be right.
Equally, however, I do not want applicants to be unfairly penalised for some minor discrepancy. For example, if an applicant missed an appointment because of a need to visit a doctor or hospital, or as a result of some other commitment, it would be unfair and unreasonable for a local authority to penalise that individual. As the Minister has explained, the review process will be tightened to ensure that people receive written notices and are given an opportunity to review any unfair decision. That strikes the right balance, ensuring that applicants can receive a service—help and advice, and an offer in the private or socially rented sector—while also requiring them to take actions themselves.
I am grateful to the Minister for his time and forbearance, particularly in respect of that issue, which has occupied a substantial amount of time for all concerned. The compromise that has been reached will improve the Bill yet further and ensure that all people who have a priority need, and indeed those who do not, are secured private rented accommodation under these new homelessness relief duties. It will also ensure that those additional suitability checks will be carried out by the local housing authority to ensure that the property is safe and well managed. On that basis, I trust that all hon. Members will support these and the other amendments that the Minister has brought forward, so that we have a suitable package of measures to present to the other place, it will see the wisdom of our lengthy debates and close scrutiny of these proposals, and view them as a package of measures that together improve the lot of those people who are homeless.
Mr Marcus Jones
I would like to respond to several of the matters raised by colleagues.
The hon. Member for Hammersmith (Andy Slaughter) mentioned the work with the LGA around amendment 10. He is correct on that, as he is on amendments 20 and 21, in relation to the concerns of the charities, particularly Shelter. He showed that he is extremely sharp when he raised the point about costs and the comments I made earlier about when I would bring forward further details of the additional cost incurred due to amendments that have been made to the Bill this morning. Indeed, my intention was to bring those costs to the House once the Bill had been amended. I will not tease the hon. Gentleman any further. In a few minutes, I hope to be giving further detail on the cost.
Before I conclude, I want to correct one point I made this morning when we dealt with the second group of amendments and I was responding to the points made by the hon. Member for Sheffield South East (Mr Betts). He raised the issue of the code of guidance and it being put before the House. I inadvertently said that the code of guidance would be put before the House. I am sure that the hon. Gentleman will recall from all those long Committee sittings that it is in the legislation that the code of practice will come before the House, rather than the code of guidance. However, I will seek to reassure my hon. Friend, or rather the hon. Gentleman—I was straying into risky territory again, there. I want to reassure him by saying that we would certainly welcome his Committee’s involvement in relation to the consultation on the revised code of guidance that will come out of the provisions in the Bill.
Mr Betts
I thank the Minister for that helpful clarification. The Committee will try to play a constructive role in that. We welcome the code of guidance coming to us, and we will as quickly as possible take a look at it and get comments back to him. Equally, if the code of practice is coming to the House, we will probably want to play a role as part of that formal process as well.
Mr Jones
I thank the hon. Gentleman for his intervention. As ever during this process, he has sought to use a very constructive tone in the debate and has shown pragmatism. We have been able to all work together; that goes for the Opposition Front-Bench team, too. It has not been easy at times, but there has been a pragmatic approach to making sure that we get this legislation into a good place and to the other end of the Corridor, thereby encouraging noble Lords to support not just the amendments dealt with today, but the overall Bill as a significant package towards helping people who are at risk of becoming homeless, or who do indeed become homeless.
Amendment 10 agreed to.
Amendments made: 11, page 11, leave out lines 29 and 30.
This amendment, and amendments 12 and 13, limit the grounds on which a notice can be given under new section 193A of the Housing Act 1996 (inserted by clause 7), so that it can only be given if the applicant deliberately and unreasonably refuses to take a step that the applicant agreed to take, or that was recorded, under new section 189A of that Act (inserted by clause 3).
Amendment 12, page 12, leave out lines 9 to 11.
See amendment 11.
Amendment 13, page 12, line 16, leave out from “refuse” to “after” in line 17 and insert—
“to take any such step”.
See amendment 11.
Amendment 14, page 13, line 16, after “made” insert “by a private landlord”.
This amendment, and amendments 15 and 16, make it clear that a final offer of an assured shorthold tenancy would not be made by the local housing authority itself, but rather be made by a private landlord and approved by the authority. A local housing authority cannot grant an assured shorthold tenancy - see sections 1 and 19A of, and paragraph 12 of Schedule 1 to, the Housing Act 1988.
Amendment 15, page 13, line 19, leave out “by or”.
See amendment 14.
Amendment 16, page 13, line 29, leave out from “not” to “unless” in line 30 and insert—
“approve a final accommodation offer, or make a final Part 6 offer,”.
See amendment 14.
Amendment 17, page 13, line 39, after “if” insert “—
(a) section 193ZA(3) disapplies this section, or
(b) ”—(Mr Marcus Jones.)
This amendment inserts, into section 193 of the Housing Act 1996, a reference to section 193ZA of that Act (inserted by amendment 10), under which section 193 can be disapplied.
Clause 9
Reviews
Amendment made: 18, page 15, line 6, after “section” insert “193ZA or”.—(Mr Marcus Jones.)
This amendment allows an applicant to request a review of a local housing authority’s decision as to the suitability of accommodation offered to the applicant by way of a final accommodation offer or a final Part 6 offer under section 193ZA of the Housing Act 1996 (inserted by amendment 10).
Clause 12
Suitability of private rented sector accommodation
Amendments made: 19, page 17, line 22 , after “section” insert “193ZA(6) or”.
This amendment applies the provision in article 3 of the Homelessness (Suitability of Accommodation) (England) Order 2012 (S.I. 2012/2601), about when accommodation is to be regarded as unsuitable, to a decision by a local housing authority as to whether they should approve a final accommodation offer by a private landlord for the purposes of section 193ZA of the Housing Act 1996 (inserted by amendment 10).
Amendment 20, page 17, line 26, leave out “vulnerable person” and insert—
“person who has a priority need”.
This amendment applies the provision in article 3 of the Homelessness (Suitability of Accommodation) (England) Order 2012 (S.I. 2012/2601), about when accommodation is to be regarded as unsuitable, to accommodation secured by a local housing authority, in discharge of their duty under section 189B(2) or 195(2) (inserted by clauses 5 and 4, respectively), for all persons who have a priority need rather than just “vulnerable persons”.
Amendment 21, page 17, leave out lines 32 to 37.— (Mr Marcus Jones)
See amendment 20. This amendment removes the definition of “vulnerable person”.
Third Reading
Bob Blackman
I beg to move, That the Bill be now read the Third time.
This is a very proud moment for me. Reaching this stage of the proceedings has been a long road. When my name was drawn out of the hat and I was No. 2 in the ballot, I needed to consider what issue to take on. I was minded to choose something that would make a difference to thousands of people across the country. Little did I know how much work and effort would be involved in getting a Bill to this stage.
The expert panel was convened by Crisis in the summer of 2015. We then had the Communities and Local Government Select Committee inquiry last summer, to which many of us in the House contributed, plus its pre-legislative scrutiny of the draft Bill in September, and finally an unprecedented seven Committee sittings, involving some 15 hours of debate. I think it is fair to say that no private Member’s Bill has ever been so well informed or well scrutinised. Indeed, it is unique among private Member’s Bills in that it has been the subject of a Select Committee inquiry and report and of pre-legislative scrutiny, and that it is the longest such Bill, with 13 clauses and 18 pages of detailed legalese. It will probably also be the most expensive private Member’s Bill, and I look forward to hearing good news in a few minutes’ time from the Under-Secretary of State for Communities and Local Government, my hon. Friend the Member for Nuneaton (Mr Jones) on the funds that could be allocated in addition to the £48 million that he has already set out.
I would like to thank a number of people and organisations who have been instrumental in bringing the Bill to this stage. It is clear that, although I am the promoter and leader of the Bill, this has been a team effort. The contribution of the Select Committee and its Chair, the hon. Member for Sheffield South East (Mr Betts), has been invaluable. We could not have got to this stage without their input. In particular, the Committee’s pre-legislative scrutiny provides an example that all hon. Members should consider, should they be fortunate in future private Members’ Bill ballots. Select Committee Members continued to offer their expertise to the Bill Committee, and I thank them for their time and constructive support.
I also want to put on record my thanks to all the members of the Bill Committee for their hard work and dedication. They asked constructive questions and scrutinised the proposed legislation in detail. The fact that 21 Government amendments have been tabled and passed today is a direct consequence of all the detailed work that was done to ensure that we got the Bill absolutely right.
The outcome of Bills such as this should not be left to a lottery. The Procedure Committee, on which I have the honour of serving, recommends that the first four private Members’ Bills be subject to a bidding process through the Backbench Business Committee so that well-researched Bills with cross-party support can get to the House without depending on the current lottery procedure.
I thank Crisis, which has supported me from the start and facilitated consultations right across the piece to ensure that the Bill was delivered properly. There has been huge interest from a whole host of groups from across the country. I thank the LGA, individual local authorities, Shelter, St Mungo’s, the National Landlords Association, the Residential Landlords Association and the many others that have written or spoken to me about the Bill. Members from across the House will want to mention the charities and support groups that have provided much-needed help and assistance to rough sleepers and homeless people. The advice, work and challenges that I have received from the people at the sharp end have enabled me to ensure that this strong Bill is in the best possible shape to send to the House of Lords and that, critically, it will have long-lasting impact on people who suffer the crisis of being homeless.
I thank my hon. Friend the Minister for supporting and championing the Bill from the outset and for ensuring that we got the Government’s full support. Not only has he devoted a significant amount of his personal and ministerial time, but he secured resources from the officials to ensure that the Bill reached this point. He also followed through on his commitment to fund the new burdens associated with the Bill. The Government will be providing £48 million for local government to implement the new duties in the Bill. We do not know whether that will be sufficient to meet those new duties, but I am delighted that the Minister has committed to review the figure following not only the amendments that we have passed today, but the new burdens that we are placing on local authorities. I thank the Minister and all his officials for their work in getting the Bill to this point.
I want to put on the record my thanks to Martine Martin, my parliamentary assistant. For those who have not had the pleasure of meeting her, she has ensured that the whole process has remained smooth. Her calmness has kept me calm, and I owe her a particular debt of gratitude.
I also thank the hon. Member for Hammersmith (Andy Slaughter)—something that is hard to do at times—and the Opposition members of the Bill Committee for ensuring that the Bill was well scrutinised and in good shape ahead of Report today. I thank all the hon. Members who are in the House today to wish Godspeed to the Bill so that it reaches the statute book as fast as possible. Many were here on Second Reading way back on 28 October, when we had some 39 speeches, and many have followed the Bill’s progress with interest, subjecting me to appropriate scrutiny and challenge on the details. As the hon. Member for Hammersmith pointed out earlier, I have rapidly become an expert in homelessness and housing law even though I have no legal background whatsoever.
I thank everyone for their time, effort and dedication, but we must remember that this is a process and that we are implementing a Bill that changes the law for the most vulnerable members of society. We must ensure that people who are sleeping rough or threatened with homelessness get the help and support from local authorities that they need and deserve. I have said from the word go that having one rough sleeper on our streets is a national disgrace; the fact that we have so many is something that we must end. Equally, I have said from the word go that the Bill, which will hopefully become an Act, will not deliver any new housing units, which is part and parcel of a new strategy that I look forward to the Government pursuing. What the Bill will do is change the law and the requirements on local authorities to ensure that they deliver help and advice to vulnerable people who need it at a crisis point in their life.
The Bill will also mean a massive culture change for local authorities, and we should not underestimate how much of a culture change it will be. I passionately believe that people enter public service to help people, not to deny them service. For 40 years, at local authority level we have routinely denied vulnerable people service, help and advice. That has to come to an end. It will be a big shock to most local housing authorities when the Bill becomes law and the various regulations are laid before the House, but the key point is that we are aiming to ensure that, for people who face the prospect of having nowhere to live, we move on from an approach where homelessness is always a crisis to one where local government has the duty and the ability to work with people as early as possible so that they never become homeless by helping them to tackle their housing and welfare issues before the crisis point is reached.
I sincerely hope that our work over the past year will make a significant difference, and I firmly believe it will. I am extremely proud to be standing here today with the support of the whole House in bidding the Bill Godspeed and safe passage through the other place so that it can end homelessness once and for all.
Andy Slaughter
I begin where the hon. Member for Harrow East (Bob Blackman), the Bill’s promoter, finished by wishing the Bill every success in completing its passage as it leaves for the other place. I also echo some of his thanks. I thank him for putting extraordinary effort into the Bill. I do not know how long he intends to stay in the House, but I suspect that, whenever he departs, the Bill will be one of the things about which he is most proud—it will be a lasting testament to his work—and I am sure that many of us envy him. Such praise is well deserved because he has had to put time and effort in the Bill. I suspect that he now thinks it was all worth it, but I bet there were times when he doubted that.
Obviously the Bill would not be where it is without the support of the Government, which should be acknowledged, as well as that from the official Opposition and others. The Minister has been particularly assiduous in pushing through the Bill. Although he may or may not reveal this in his speech, he has had difficulty with his colleagues in other Departments. The hon. Member for Harrow East will recognise the Minister’s personal devotion to the Bill, which he will count a success.
I extend my thanks to all Members on both sides of the House who have been involved. I particularly thank the Labour members of the Committee who are sitting behind me: my hon. Friends the Members for Dulwich and West Norwood (Helen Hayes), for Sheffield South East (Mr Betts), for Westminster North (Ms Buck) and for City of Chester (Christian Matheson). They shared the burden with me in Committee and brought their considerable expertise to our proceedings. I am sure that the Minister and the Bill’s promoter would say the same of Government Members. It has been a good session.
We must also acknowledge the various interest groups involved, not only because they stood up strongly for their interests, but because, in the end, they wanted the Bill to succeed. They include the landlords and charities, but we should not forget local government, because it is local government that will have to execute the provisions of the Bill and on which its burdens fall. It knows more than anybody else the difficulties in dealing with homelessness, given the levels of funding and demand. The officers and councillors who are at the sharp end deserve our thanks. Some do fail—a number of authorities have lamentable records—but many do their very best under difficult circumstances. That is true of my own council and, I am sure, of many others.
The Bill has been a collective effort, and my final mention is to the Communities and Local Government Committee. Its work has formed the bedrock of the Bill and the basis on which it can go forward.
As the hon. Member for Harrow East said, our proceedings have been something of a template for the way in which complex private Member’s Bills can go forward. I, like him, hope that it can be a precedent for a change to just not just the House’s procedures, but the way in which the Government approach private Member’s Bills, It might change the way in which some of our colleagues approach such Bills, but perhaps that is a matter for another day.
As we have discussed the Bill for so long, it is quite easy to gloss over what it does. It does several fundamental things, such as introducing the prevention duty. Although, as we have heard, that is nothing new—the previous Labour Government encouraged that approach through legislation, and it is also encouraged by best practice in local government—the Bill puts the matter clearly and firmly into statute. That is a major change to the way in which homelessness is addressed.
The Bill also extends the relief duty to anybody who is homeless. Although the assistance to be given to those who are non-priority homeless cannot, for reasons of resources, be as comprehensive as it is for those who are priority homeless, that is, again, a significant change.
Let us not forget the duty to co-operate, about which we have had quite an extensive discussion. Perhaps the co-operation that will be required does not go as far as some of us would have liked—my hon. Friend the Member for Sheffield South East moved an amendment relating to that in Committee—but local authorities cannot avoid their responsibilities. We know that the homelessness sector and the charities have been working to perfect the way in which they deal with the complex needs of homeless people. Sometimes other institutions do a good job—those in the health service or probation, for example—but we really need everyone to step up to the plate. I am pleased that the duty to co-operate is in the Bill, but I hope we hear more about it as the codes are developed.
With the current pressures on the public sector, it is easy for people to say that these things are just too difficult. The reality is that a number of homeless people have been in mental health units or have just come out of prison. They need assistance, and that cannot come only from homelessness charities and local government. Everybody has to do their bit.
For those three reasons, among others, the Bill is a significant piece of legislation. I will not repeat what I said in the previous debate about what remains to be done, but let me mention just two things. First, when the White Paper is published, I would like to see in chapter 1 a commitment from the Government that is the same as that given by my right hon. Friend the Member for Wentworth and Dearne (John Healey) before Christmas on behalf of a future Labour Government: rough sleeping will be eliminated over a single Parliament. Earlier this week, we saw shocking figures showing that 4,134 people are sleeping rough in England. That is a 16% increase on the previous year, and a 134% increase since 2010. I could not have agreed more with the hon. Member for Harrow East when he said that one person in that situation is one too many, but 4,134 is a national disgrace. Nevertheless, it is a figure that we can manage.
Many other aspects of homelessness are getting much worse over time. Statutorily homeless households have increased by almost 50% since 2010, with the number now standing at just under 60,000. That is a huge problem, and while the difficulties with housing conditions such as overcrowding all need to be tackled, the first step has to be dealing with rough sleeping and the street homeless. I would love to hear from the Minister today that that will happen, but I will look particularly at whether the issue is addressed in the White Paper. I would not say that that would silence us—we will never quite be silenced—but it would be an effective way of dealing with the points that have been made throughout the passage of the Bill when we have said, “Yes, legislation is great and yes, this Bill does some great things, but in itself it is not going to build one more house or house one more person—it is words on a piece of paper.”
I plead with the Minister to do what I have said. I praise the initiative of the shadow Secretary of State, my right hon. Friend the Member for Wentworth and Dearne, in taking the lead, but he will be the first person to say congratulations if the Government go ahead with this.
There are so many aspects of the problem that need to be dealt with to start to tackle homelessness that we could think that it is all just too much. I was impressed by the briefing that Shelter sent to us, which highlighted two aspects. It said:
“we consider it inevitable that, to be able to help people under the new duties, councils with significant levels of existing homelessness will require not only additional resources but, more importantly, an adequate supply of accessible, affordable and suitable homes in the social or private rented sectors.”
That is self-evidently true. The two things that are at the top of Shelter’s wish list are:
“Reverse the freeze on Local Housing Allowance rates”;
and an
“indefinite suspension of the forced sale of high value council homes in areas with high levels of homelessness”.
Neither of those is going to solve the problem, and they might not even be the most effective steps that could be taken, but they are the two most obvious ways in which the Government are actively making the situation worse. It is very difficult to accept the Government’s wholehearted support for the Bill when at the same time they are pushing those measures through.
I say that with clear personal knowledge from my own constituency, where, when a Conservative council was in charge for eight years, social homes were regularly sold when they became vacant. Several hundred individual homes were simply sold off at market rates rather than being used to rehouse homeless families. That has created devastating problems, the consequences of which we are still suffering. If we see that replicated on a grand scale throughout the country through the sale of high-value council homes—in my borough it would mean, over time, 50% of council homes being sold off—the homelessness situation is going to become far worse.
Local housing allowance rates are utterly distorting local housing markets and leading to what the Minister, the hon. Member for Harrow East and others have said today that they do not want to see: people being forced out of central London—and out of London and the south-east altogether—and separated entirely from their support networks, their families, their children’s schools and sometimes their jobs.
I am beginning to see another disturbing trend that I hoped never to see recurring. I shall refer to a case that I dealt with in my surgery only last week. Landlords are letting properties at rates that are just within local housing allowances, but they are doing so by letting properties that are unsafe and degrading, with no proper electricity and in danger of collapse. I never thought that I would see those housing conditions in this country.
The Government have to come to terms with the effects that their policies have on individual families living in the private rented sector. I beg them to look again at the freeze on the local housing allowance rate, because it is having a severely detrimental effect on thousands of families around the country.
We wish this good Bill well as it goes through its stages in the other place. We will do what we can to assist to ensure that it is enacted. I still look forward to the Minister’s comments about the extra funding, and I know that people in council finance departments all around the country are hanging on his every word about that. Let us celebrate the Bill today, but let us also be aware of how much we need to do if we are to tackle one of the worst crises in homelessness that we have experienced, certainly in my political lifetime, and one of the worst blights on our society.
Pauline Latham
I rise to congratulate my hon. Friend the Member for Harrow East (Bob Blackman) on getting so close with this Bill, and with relative speed. Interestingly, most of our constituents will not understand that it is really hard to get private Members’ Bills to this stage and that very few such Bills make it to the end, so he has done incredibly well. Obviously, as he said earlier, he has had help from an awful lot of people, not least from a couple of Opposition Members whom he has already praised.
Cross-party work to help vulnerable people is one of the most important things that we as Members of Parliament do, and my hon. Friend was fortunate to be drawn high enough up the ballot to be given an opportunity to bring something into law.
Homelessness is a very difficult issue. Not many Members in this Chamber will remember “Cathy Come Home” or even Rachmanism, but it is clear that we have progressed hugely as we no longer see those sorts of problems on our streets and in private rented households today.
The hon. Member for Hammersmith (Andy Slaughter) talked about private landlords. I think that that problem is bigger in London than in places such as Mid Derbyshire. Our landlords are better sorted out by the local authorities than they are in London, which is a much harder market on which to focus.
I wish to return to an earlier point, which is that, when women are on the streets, they are one of the most vulnerable groups. Very often, they are on the streets because they have been abused by their partners or their husbands. It is a very difficult situation when a vulnerable young woman—or a woman of any age—is thrown out on to the streets, or chooses to leave, and has to sleep rough. I have experience of that with a family member who, because she was being beaten up very severely, had to run away and sleep on the streets. In the end, she had to go back, because she had nowhere else to go—or so she thought. Eventually, she went back to her family. It was a very difficult situation. It does not matter where in the country vulnerable people are, they depend on the support mechanism to pick them up and help them out. Some people have nowhere to go. That may be due to the fact that they were in care as a child or are mentally ill. As constituency MPs, we know how many mentally ill people there are out there. They write to us on a regular basis on a range of issues because they do not know where else to go. Some of the most vulnerable people become homeless for those and many other reasons.
My hon. Friend talked about all the charities that helped him to prepare for this Bill. I pay tribute to many of the charities that I have worked with over the years in Derby city and Derbyshire. A huge number of people want to help the vulnerable, and I commend them for their work. An organisation called the Padley Centre in Derby helps vulnerable people not only by housing them overnight—and sometimes for extended periods—but by giving them additional skills so that they can eventually get a job as well as housing. Very often, the homeless out on the streets do not have a job because they have missed out on education.
At this time of year, the city centre churches come together so that a different church is open every night or every week; seven churches have participated. In that way, people do not have to sleep out in this really cold weather that we are experiencing at the moment. The initiative has been incredibly successful. Even the cathedral in Derby city has opened its doors to the homeless. Milestone House and Centenary House in Derby work hard with the homeless to support them and give them a roof over their heads. The YMCA, of course, has been going for many years and particularly helps young people, although it also helps others as well.
I am sure that all those organisations will appreciate the Bill’s coming into law. My hon. Friend the Member for Harrow East said that he felt proud standing in the Chamber today talking about his Bill and about having got so close. So he should: he should accept the praise he deserves. His Bill is tackling a problem that many people would like to have addressed but never have. I am pleased that this Conservative Government are supporting him.
Women are more vulnerable when they are out on the streets. There are fewer places where they feel safe to go and ask for help because of the predominance of men. I clearly remember coming across a woman while walking through the centre of Derby after a council meeting. I do not generally give money to beggars on the streets because I would rather contribute to a charity that will help them. But this particular woman came up to me and said, “I’m in the middle of my period. I have no money, so I cannot buy any Tampax.” I had never thought about that, and I decided to give her the money. As every woman will appreciate, it must be very difficult for a woman on the streets to have a period and no money. Perhaps we forget about that. As I say, I did give her the money—whether it went on that or whether she bought drugs I will never know. I hope that it was a genuine call for help from this poor, young woman who looked freezing cold and needed help from people. I hope that the Bill will help such women.
Earlier I mentioned the family from Borrowash who found themselves homeless. They had been in a private rented house that burned down—when they were not there, fortunately. They had no insurance because they are very poor. Both parents work but they have four children and do not have any savings to fall back on. They have received some money through crowdfunding, which has helped them get back on their feet. They are the sort of people who have a problem when they are with private landlords. In such situations, it is, apparently, the landlord’s job to rehouse such families—but if there are no vacant houses, how can they, particularly if four children are involved?
I rang the Derbyshire County Council helpline, but all the people there were interested in was whether the children were being abused or vulnerable. All homeless children are vulnerable, of course, but so were the parents. I did not feel that the mechanisms to help were in place. Eventually, Derby City Council, which I would not normally praise for very much at all, stepped in and helped this couple with their children.
I am delighted that the Bill is to pass into law. I wholeheartedly support it. My hon. Friend the Member for Harrow East and many others have worked incredibly hard to get it on to the statute book and I commend him for his hard work. I support him, this Bill and the Minister.
Mr Betts
This is obviously a time for congratulations, and I shall not disappoint, but we should still remember that, tonight, in this rich country, there will be people sleeping rough on our streets, individuals sleeping on sofas that belong to friends, families trying to live with relatives in overcrowded accommodation, and other families living in unacceptable and inadequate interim accommodation.
We also have to be careful not to give the impression that, as a result of this Bill, all these problems will be resolved. It will make a contribution to solving the homelessness problem, but it will not actually solve it. It will help to reduce homelessness—that is what the title of the Bill says—but it will not, of itself, solve the problem of homelessness.
However, congratulations are due, particularly to the hon. Member for Harrow East (Bob Blackman)—on this occasion, I will reciprocate and call him my hon. Friend. We should not underestimate the amount of time, sheer hard work and effort that he and his staff have put into bringing the Bill to this stage, as well as the forbearance—there must have been times when he was tearing his hair out. [Interruption.] Yes, it’s the same with my hair. He must have been tearing his hair out at the complexities and at the need to get different competing forces together to take the Bill forward on a consensus basis. There have not necessarily been problems with getting consensus across this House, but there has been a lot of consensus-building to do outside, and everyone does not always see and appreciate that. I express many thanks and congratulations from the whole House, I think, to the hon. Gentleman for what he has done.
The cross-party nature of proceedings extended right through the Bill Committee to all Members. That applied particularly to the Minister—[Interruption.] I thought for a minute that he had gone—that he had given up and left us to it, but he is still there. Throughout, he engaged with all members of the Committee. Where we had issues we needed exploring, he tried to deal with them in the Committee, but also outside—either himself or through his officials. That is really appreciated. Even today, he has suggested ways in which the Select Committee can continue to be involved in the code of practice, the code of guidance and the reviews. That is really constructive and helpful, and it shows a recognition of how the whole House can make a contribution.
I also congratulate my hon. Friend the Member for Hammersmith (Andy Slaughter), who has obviously held the Government to account, and quite rightly, including on some broader issues today. Nevertheless, he has played a constructive and positive role. My hon. Friends the Members for Westminster North (Ms Buck) and for Dulwich and West Norwood (Helen Hayes), who are here with me, also played their role.
I want to say a little about the Select Committee. It is good that, as well as the hon. Member for Harrow East and my hon. Friend the Member for Dulwich and West Norwood, the hon. Member for Northampton South (David Mackintosh) has seen this process right the way through. Indeed, I think I am right in saying that he first suggested that the Select Committee look at homelessness as the subject of a report. It was around a year ago that the Committee started taking evidence. Indeed, I have the report here—I carry it around with me at all times, of course—and we had our first hearing on Monday 14 March. It is appropriate that, on that occasion, some of our first witnesses were from Crisis, St Mungo’s and Shelter, and they have certainly been an important part of this whole process, along with other organisations.
As I mentioned on Second Reading, the way in which the Select Committee was involved from the beginning—doing our report and then the pre-legislative scrutiny—has not merely followed precedents, but actually set precedents for the House, and I hope those precedents will be followed on other occasions. That is very important, and the Committee will follow the Bill with a look at the new burdens review the Government are doing, at the code of practice—when it is produced—at the code of guidance and then at the two-year review of how the Act is operating.
Let me finish by saying that the Select Committee’s initial report looked at the wider issues. There is still the issue of the shortage of homes in this country. We are now doing an inquiry into the capacity of the house building industry, and as part of that we hope to ask Ministers questions about the housing White Paper. I think that the permanent secretary said when she came to the Select Committee two weeks ago that it will be available soon, and we hope it will be. The word “soon” has an expandable quality in Government circles, but I certainly hope it will be before the end of March.
Building enough homes, particularly homes that people can afford, or afford to rent, is absolutely crucial in dealing with the problem of homelessness in the long term. I will not go into issues about the sell-off of high-value assets, although it is interesting that the permanent secretary used the word “if” in relation to that when she came to talk to us. Of course, Ministers could not possibly comment, but let us hope that there may be substance to the word “if” on this occasion. We want co-operation in dealing with homelessness. Organisations at the local level—health authorities and others—need to properly engage with councils in tackling homelessness. That is absolutely crucial. It is also important that Government Departments get their act together and understand that the policies of one Department can affect the operation of policy in another.
In our report we drew attention to welfare reform in general terms, and to the particular issue of the withdrawal of housing benefit from 18 to 21-year-olds and how that can affect people. Young people who lose a job should not be put out on the streets or forced out of their home while they try to find another one. We addressed the problems with universal credit and the difficulties that can be created, and already are being created in some parts of the country, in driving up rent arrears. That is a serious potential problem. We hope that Ministers will look at this to see whether, on occasion, payments direct to landlords, where tenants are satisfied that that is appropriate, can help to stop such problems occurring—and stop homelessness occurring, given that one of the major causes is the loss of private rented tenancies, as we heard in evidence.
With just those caveats about issues that we need to look at further, I very much welcome and support this Bill. I am really pleased that we have got to this stage. Once again, I particularly thank the hon. Member for Harrow East for selecting this subject and for operating so consensually and collectively to get the Bill to this stage.
Mr Burrowes
It is a great pleasure to follow a whole litany of speeches rightly paying heartfelt tribute to my hon. Friend the Member for Harrow East (Bob Blackman). I congratulate him and all those who have been involved in this Bill. I am glad that it is a cross-party effort, and also that there has been collaboration across the sectors that he has had to navigate and deal with over the past weeks. I am proud that a Conservative Member of Parliament has led the way on this. It is right that that should be the case. I was pleased to encourage him down this path when he was picking a subject. Everyone, including the Government, wanted to encourage him to take an easier route—a hand-out Bill. That would have involved less effort but would not have addressed a burning injustice—a phrase rightly used by the Prime Minister. Homelessness is a burning injustice, and it is right that my hon. Friend chose it. It was a great pleasure on this occasion, and probably the last occasion, to be a “Whip” on a Bill. [Interruption.] Who knows? We live in interesting and surprising times.
There is a long track record of Conservatives tackling homelessness, not least one of my predecessors from a part of Enfield; there were boundary changes then and we may or may not have boundary changes to come. In 1967, 50 years ago, Iain Macleod helped to found the homeless charity Crisis, to which we pay particular tribute for its great work in supporting this Bill. It is right to pay homage to him for that. Like others, I pay tribute to the other homelessness charities that have been supporting us along the way, particularly Shelter, St Mungo’s, and Centrepoint.
Iain Macleod fought for the first piece of legislation to protect homeless families. It is right and fitting that, 40 years on from the last substantive piece of homelessness legislation, Members across the House acknowledge that this is a good Bill. It will make prevention a statutory and core duty for all councils, which will make a significant difference. Homeless households will no longer have to put up with the current situation. There is some good practice on preventing homelessness, but that will now become the norm across the country.
My council in Enfield will no longer be able to wait for a bailiff eviction notice before it has to help vulnerable people threatened with homelessness. A constituent of mine fled domestic violence and needed help to move to alternative, private sector accommodation that would not be known to her attacker. She and those like her will no longer have to put up with the response she received from the housing officer when she made the call for help. They said, “What do you expect us to do?” She and others like her now know that, under this Bill, there in an expectation and a clear duty of prevention with regard to vulnerable people.
The Bill will also help—this is a particularly challenging case, but I look forward to it being delivered on—an elderly 72-year-old in my constituency who as we speak is in unsafe and unsuitable temporary accommodation. Basically it is a bedsit. The bed is propped up by chunks of wood and cold air comes through big gaps in the windows. There is very little furniture. There is an office chair. He and his wife have serious health needs, but they have been placed in unsuitable accommodation. He told my office manager recently, “My life isn’t worth living because I’ve been sent to a hellhole.” A lot more needs to be done, but I hope that the Bill will help to address the issue of inspections and the private sector, which, sadly, is increasingly a cause of homelessness, so that that does not happen again to that 72-year-old and others like him.
As has been said, the Bill will not end homelessness. There are structural issues, but those are for another day. We need to debate the issues of welfare reform and the local housing allowance; matching housing costs and benefits; the supply of affordable and supported housing; and the forthcoming White Paper. I look forward to the Bill being part of making progress on a cross-Government homelessness strategy.
I welcome the progress that has been made in London and the Mayor’s announcement of a record-breaking £3.15 billion deal for affordable housing, supporting 2,000 places for adults with complex needs. We have spoken about reviews and assessments, but the litmus test for the Bill will be its success in addressing the complex needs of those individuals who visit our constituency surgeries because they are always in and out of the system. The Bill will break that cycle of crisis management. It is about early prevention to help those complex individuals into sustainable housing.
In conclusion, in 1967, Iain Macleod spoke at a candlelit vigil in Hyde Park to raise awareness of homelessness. Sadly, his words continue to resonate 50 years on:
“This is an appeal to help those who no longer have any dignity and self-respect…What we do expect is that you will acknowledge that they are fellow human beings, and that they have nothing left to look forward to…We call upon the talents, ideas and enthusiasm of people from all different prejudices and beliefs in a constructive attempt to tackle this growing urban problem.”
The Bill is a constructive attempt to follow in that spirit of continued and sustained collaboration, with the aim of finishing the race—on a cross-party, cross-Government and, indeed, cross-housing sector basis—to end homelessness.
Ms Buck
There is indeed a cross-party consensus in support of the Bill, as we showed on Second Reading, in Committee and again today. It is a step in the right direction and will, I hope, lead to a significant cultural shift in the way that homelessness is treated, especially—although not exclusively—for single homeless people and those who have traditionally been non-priority need. It is a good thing that we will put into legislation the duties in the Bill to assess and to co-operate and the duties of prevention.
I warmly congratulate the hon. Member for Harrow East (Bob Blackman) on introducing the Bill and leading on it in recent months, as well as Members who helped to put it together, with the support of Crisis and the expert panel. We want the Bill to proceed with speed and to bring about a transformation. Although in many cases local authorities have no barrier to carrying out the kinds of duties in the Bill, we know that given recent financial pressures—and, in some cases, for other reasons—local authorities have taken the law literally and tested and challenged it to its outer limit, and beyond in some cases. It will be good to have a legislative framework that will make it harder for some of those bad practices to continue.
It is also true, as my hon. Friends and other hon. Members have said, that the Bill does not exist in isolation. We have already referred to the fact that existing non-statutory duties for the prevention and relief of homelessness, which assist some 100,000 households every year, have not been able to check the remorseless upward trend in homelessness, for those in priority need and non-priority need, and rough sleepers, in recent years. That is because the pressure on resources— in many areas, and by no means exclusively local government—has been a contrary driver to any attempts to bring down homelessness.
Rough sleeping, the sharp edge of homelessness, has leapt by 16% just this year—Westminster, my local authority, is on the frontline with the highest number of rough sleepers. New information that I obtained from the health service last week shows not only a rise in rough sleeping but—terrifyingly—an escalation in the number of rough sleepers for whom mental health problems are the main driver. Since 2010, the number of rough sleepers with serious mental health problems has gone up by 80%. That is a really disturbing figure and reflects something else that is happening across the public services, especially the NHS.
Stephen Timms (East Ham) (Lab)
I agree with my hon. Friend on her support for the Bill. As I am sure she knows, last Sunday was Homelessness Sunday and I happened to be in her borough, although not her constituency. Attention was drawn to the large number of church-based night shelters of various kinds that operate all over the country to try to meet the rapidly growing need. Will she join me in commending those initiatives for their efforts?
Ms Buck
I am happy to do that. Stunningly good work is being done by volunteers, churches and other faith communities on homelessness. At Christmas I went to the Crisis centre at the City of Westminster College in my constituency and met volunteers, some of whom have been going to Crisis for 20 years to provide the support that is given over the difficult holiday period. We should congratulate those people, whether it is their job or a voluntary commitment, who put so much into helping the homeless.
The fact remains that fundamental problems are pushing in the opposite direction to the Bill. On welfare reform, the House of Commons Library briefing confirms that, this year alone, £2.7 billion less will be spent on housing support than would have been the case on trends from 2010 and that £5 billion has been taken out altogether since 2010. Unfortunately, that puts the £48 million contribution to the Bill into rather alarming context. Of course, the delay in universal credit payments is driving more and more tenants into arrears, which in turn is making private landlords—the default option for many homeless people—less likely to let. I see no signs of that problem reducing. In fact, the trend is likely to go in the opposite direction. The hon. Member for Harrow East said that we should judge the Bill on its merits, and I am happy to do that, but we cannot ignore the wider context.
As the hon. Member for Enfield, Southgate (Mr Burrowes) reminded us, this is fundamentally about people. It is not just about money and the legal framework; it is fundamentally about those at the sharp end. In the last few weeks, I have dealt with many cases of people either homeless or at risk of homelessness. This week, I heard from a young mother of two children, 20 years resident in my constituency, who was made homeless from the private rented sector. Her sick parents, for whom she provides care, live in the constituency. She had to wait until the bailiffs came before she could be rehoused, and she has now been rehoused in north London, over an hour away from her support network and sharing a single room with her two children. That is the reality of homelessness.
Even more acute was a case that came to me just before Christmas. It goes to the heart of the challenge, particularly of single homelessness. With the House’s permission, I will read a few lines from the letter that came in from a young man who was kicked out of home for reasons that I will not share with the House but which are very profound and difficult and which I understand:
“After I was kicked out, I was forced to live in a friend’s car through the winter of 2016. One night when I was sleeping the car was broken into… the people held a knife to my neck and took everything I owned in the world, even my only shoes. I slept on a park bench in Victoria until a stranger told me about a hostel… I was given a place 3 days later… In the meantime, I went back to sleep at the park, which I found very unfair.”
Unfortunately, at the hostel, he was subject to an attack and robbery, and so the hostel place broke down. When he finally came to me the week before Christmas, he had been sleeping rough for the whole year. His letter finishes:
“I don’t want to be robbed or killed… 2016 has been the worst year of my life. I have wanted to kill myself so many times… You hear about people being killed on the road every day, and I know if I don’t get help, I will be the next to be killed.”
That boy is 19 years old. He will be scarred by that experience for the rest of his life. The mother of the two young children will also be scarred. Homelessness scars people’s lives, even after they have been found somewhere to live. If the Bill can do anything for that 19-year-old boy, I will happily support it, but the test of the Bill, for that mother and her children and for that 19-year-old boy, and indeed for the hon. Member for Harrow East, is whether it can exist in a context of support and financial backing that seeks to deal with the drivers of homelessness, whether housing supply, the failures of universal credit or the impact of welfare reform. If it does not, welcome though the provisions will be, we will unfortunately find ourselves back here again, in a year or two, facing yet more increases in homelessness and yet more individual lives scarred by this terrible scourge of modern life.
Mr Jackson
It is a pleasure to follow the hon. Member for Westminster North (Ms Buck), who has always been diligent in pursuing the issue of housing in her constituency. I am also delighted to thank my hon. Friend the Member for Harrow East (Bob Blackman) for his wonderful work and my hon. Friend the Member for Enfield, Southgate (Mr Burrowes), the Bill’s de facto Whip.
Today, my hon. Friend the Member for Harrow East is a bit of softy—we are being very consensual and cross-party—but, having known him for 20 years as a political bruiser, I know how painful it must have been for him to praise inordinately the hon. Member for Hammersmith (Andy Slaughter). In the same spirit, however, I echo his remarks. We are all here to help needy and vulnerable people, whom we have the great honour and privilege to represent in the House. I was concerned a few days ago when it appeared that the Opposition were intent on effectively—potentially—wrecking the Bill. I am glad that they resiled from pushing the amendments to a vote, not necessarily because that was indeed their intention, but because when the Bill reached the other place peers might have complicated the issue, thereby endangering the Bill’s viability in the long run. That has not happened, for which I thank the Opposition and, indeed, my hon. Friends.
My hon. Friend the Member for Harrow East said earlier that the Bill was in the great Conservative tradition of progressive social change. We look back on public health reform, municipal reform, local government reform and, of course, the housing boom of the 1950s in the Macmillan era, and we see that the Bill demonstrates a similar commitment to encouraging people to make the world a better place.
I think I am fairly unusual in being a Conservative Member of Parliament who is very keen on house building, and who believes that we must tackle the housing crisis at source by building more homes. That does not always happen. I do not decry the motives of my hon. Friends, and other Members, for wanting to protect the residential amenities and quality of life in their own areas, but I think we all accept that if we are to solve the housing crisis in the long term, we must build more homes. I was, I think, a lone voice when, a month or so ago, I argued against some of the more restrictive amendments in the Neighbourhood Planning Bill, because in doing so I was arguing against not building more homes.
We look forward greatly to the housing White Paper, and I thank the Minister for the excellent work that he has done with his colleagues. I particularly thank the Department for allocating funds to Peterborough City Council as part of the £48 million homelessness reduction programme. Peterborough has seen an uptick in the number of people presenting themselves as homeless and in the number of rough sleepers living on the streets. The impact of welfare reform has been an issue, as has the large proportion of peripatetic foreign workers from eastern Europe who may lose their jobs very suddenly and be unable to pay their rent. However, as we heard from the hon. Member for Hammersmith, the precipitous termination of housing agreements under section 21 of the Housing Act 1988 is also having an impact, and I therefore think that the Bill is extremely timely. I strongly supported it on Second Reading, when I also did some work with charities in my constituency.
While I am at it, let me give a plug to the fantastic work done by the congregation of my own local church, All Saints parish church in Park Road, and to the parochial church council. This winter, All Saints, along with other churches in Peterborough, has participated in an ecumenical initiative to provide a night shelter for some of the more vulnerable people in the city, who would not otherwise have a bed on a very cold night. Those people have been treated with the warmth and human kindness and given the dignity that one would expect from good Christian people pursuing their mission. So I say thank you to Father Greg Roberts and the others for that.
This is the beginning of a journey. The Bill will not end homelessness and rough sleeping. However, we are on that journey, and the good thing about the Bill is that it represents a proactive effort, especially in relation to early intervention and advice. We have to concede that it is not just about dry, arcane legislation; it is about human beings and the problems they are suffering, which mean they are having to take difficult decisions. I therefore urge the Minister to think in a more holistic way around substance misuse and mental health issues as that impacts on people who are homeless. If it is possible to give more support in the course of the secondary legislation of this Bill to assist local authorities, that will be very important indeed.
Another important issue to raise is that for those authorities such as Peterborough, which participated in a large-scale stock transfer some years ago, there just is not the capacity to think ahead in terms of local trends for homelessness. Therefore, they need some expertise and help, and that costs money. But it should not be the case that the first time anyone can receive help is when the bailiffs are knocking on their door.
I welcome in particular the help-to-secure parts of the Bill and of course the individualised plan, because we are talking about individuals, each of whom has a different set of circumstances that have brought them to make the decisions they have made—life sometimes
“happens to you while you’re busy making other plans”,
to quote John Lennon from many years ago. The fact is that that proactive forward-looking advice will be good for the taxpayer, and, more importantly, good for those individuals, particularly individuals with families. That is very important.
On selective licensing, my hon. Friend the Member for Mid Derbyshire (Pauline Latham), who is no longer in her place, made the important point about vulnerable women who are affected by homelessness. Vulnerable women are also affected by very poor quality housing and very poor quality private sector lets. I am honest about saying that I am willing to look at the trade-off of ending slum landlords by reducing some of the provision, because I do not want my constituents living in slums at the whim of rapacious landlords who are milking the taxpayer. That might mean some turbulence in the market, but the duty does not end once we have housed that person; the duty ends when we are convinced that that person or family is in decent accommodation. A number of years ago Cambridgeshire Constabulary looked at crime committed against women in new migrant households—sexual crime, theft and other crimes. So we have, and should have, a much more general duty to people in private accommodation.
May I say a bit about the saga of St Michael’s Gate, on which I had a Westminster Hall debate? This was the ludicrous Alice in Wonderland situation where my local authority was forced to move people who were statutorily homeless and who it had been housing in a Travelodge into a development called St Michael’s Gate. Its landlord, Stef & Philips, had a dubious and morally reprehensible business model which I mentioned earlier, which meant that it served a section 21 notice on 74 of those households and made a number of them statutorily homeless. So it was recycling homelessness. It did that because it was more lucrative for it to cream off the administrative fee for overnight homeless accommodation —and of course those people who were chucked out of St Michael’s Gate have ended up as statutorily homeless. That is a ludicrous situation. I have asked the Local Government Association to look at that in detail, to make sure it can never happen again, or is very unlikely to do so.
That brings me to the key issue of the trend of many local authorities to begin to discharge their homelessness obligations under the Housing Act 1996 by shuffling the most vulnerable people around the country—different authorities are keen to push people to other local housing authorities. There should be at the very least a protocol or concordat in place to make sure that stops, because it is not fair on those people and ultimately it is not fair on the taxpayers.
I warmly welcome this Bill. It is the culmination of an enormous amount of effort and hard work. I particularly welcome clause 2 and the duty to provide advisory services, which was sorely needed, and of course clauses 4 to 6 on homelessness. We have seen the best tradition of the House of Commons today, with people of goodwill and faith coming together in the service of our constituents, sticking up for decent people who want a better life and who have a human right to a roof over their head. It is our job to look after their interests; they are the people we serve. I warmly endorse the Bill and I hope that it will soon receive Royal Assent and become an Act so that it can begin to make a difference to the lives of many needy people.
Helen Hayes (Dulwich and West Norwood) (Lab)
I welcome the Bill, and I want to add my tribute to the hon. Member for Harrow East (Bob Blackman) for taking on this subject and for the diligence and commitment he has shown in seeing the Bill through. I also welcome the process of the Bill. I have been pleased to be closely involved from the beginning, taking part in the inquiry as a member of the Select Committee and also serving on the Bill Committee. This is an excellent example of evidence-based legislation.
The Select Committee saw undeniable evidence that the problem of homelessness is increasing at an exponential rate and that the current system is not working. The Bill will play an important role in setting some of that right. This is a principled reform that will set the basis on which homeless people receive support on the right footing. It is right that local authorities should have a responsibility—and indeed a statutory duty—to intervene earlier when residents are threatened with homelessness, to provide help and support and, wherever possible, to prevent people from becoming homeless in the first place. This is the compassionate thing to do, and it is what a decent society demands, but it is also the cost-effective thing to do. When someone becomes homeless, the personal cost to them and the many different costs to the public sector rise to a level that we simply cannot afford. Money spent propping people up and dealing with a situation that should never have arisen in the first place is not money well spent.
It is also right that more people should be eligible to receive support than is currently the case, and this legislation will help in that regard. We have all had examples in our constituencies of people, usually single people, who common decency demands should receive support but who are not eligible to receive it under the current system. The Bill will help to address that problem. It is also absolutely the case that the culture of work around support for homeless people should change, as well as the practice. The Select Committee saw evidence of significant levels of gatekeeping by local authorities, and of people being treated in ways that are simply unacceptable. They were made to feel that they were somehow to blame for their predicament or that they were a problem or just a statistic. Witnesses described the dehumanising effects of being in the current system, and it is absolutely right that this legislation seeks to change that.
I support the Bill on its own terms and I believe that it will make a significant difference to the nature of the support that homeless people receive. However, we cannot for one minute kid ourselves that by supporting a piece of legislation that has the words “homelessness reduction” in its title we are solving the problem of the housing crisis in this country. I cannot speak about the Bill without speaking in the same breath about the wider context of the housing crisis. This Government’s record on housing is shameful. Under Labour, rough sleeping fell by 75% in 11 years. Under this Government and the coalition Government, it doubled in just five years and it has gone up again by a further 30% in the last year alone. The number of people in temporary accommodation is rising, and the experience in my constituency is that homelessness is becoming more intractable for those who find themselves in that predicament. Individuals and households are in temporary accommodation for longer and it is much harder for them to secure the affordable accommodation they need. That is about the supply of new homes and, more importantly, of secure, high-quality, genuinely affordable homes.
People face insecurity in the private rented sector, and I urge the Government to take reform of the private rented sector seriously. If someone decides to become a landlord, their primary responsibility should be to their tenant under the terms of the tenancy agreement, but the problem is that far too many people are living under tenancies that are not fit for purpose and do not provide the security that they need. While we wait for new homes to be built, reform of the private rented sector would make a rapid difference to people facing the terrible situation of homelessness. If more people had security in the private rented sector, fewer people would present to our hard-pressed councils’ homelessness departments for help and support. The LHA cap, uncertainty around funding for supported housing, the bedroom tax, the forced sale of council homes and many other aspects of Government housing policy are simply not helping to deliver the secure, affordable homes that we need to solve the problem of homelessness.
Funding for the Bill’s provisions is the second issue that I want to flag up. I welcome the Minister’s assurances about reviewing the funding and how the Bill works in practice. I accept that there are many unknowns about the new burdens that the Bill introduces and that a greater focus on prevention is expected to save councils money, but the Government’s working to date lacks clarity about what councils will be expected to use the funding for. Will it be for additional staffing costs only, or will it enable the provision of additional support to help people bridge a gap if they are finding it difficult to pay their rent for a period of time? Serious doubts exist about whether the funding will be enough.
I am particularly worried on behalf of Lambeth and Southwark Councils about the severe problems and pressure that they face. Some 5,000 children in Lambeth—more than 1,500 households—will spend tonight in temporary accommodation. While the Bill will help the councils to provide more support to families to prevent them from becoming homeless, the system is clogged up to the point of being at a standstill. We all want councils to be provided with sufficient resources to implement the new duties in a way that enables them to be effective. I hope that the Government will use this process of developing legislation in a private Member’s Bill on the basis of evidence through the Select Committee process as a precedent for their approach to housing in the future. They should look at the evidence of where the current system is simply not working and take decisive action on the wider contributors to our housing crisis.
I end by once again offering my congratulations to the hon. Member for Harrow East. I thank Crisis and the other homelessness charities that provided input and supported the Bill. I also thank the Minister for his support and for seeing the Bill through. Finally, I thank my Front-Bench colleagues and the Chair of the Communities and Local Government Committee, my hon. Friend the Member for Sheffield South East (Mr Betts), for their excellent contributions and for scrutinising and pressing the Government on this most important issue.
Victoria Prentis (Banbury) (Con)
It is a pleasure to follow so many passionate speakers, not least the hon. Member for Dulwich and West Norwood (Helen Hayes), who spoke well and with great knowledge of this issue. I join the tributes to the enormous success of my hon. Friend the Member for Harrow East (Bob Blackman). In my working life, I was part of the Government machine that produces legislation, so I am in awe at how he has managed to go through the process effectively alone, albeit with the team he outlined earlier.
I am pleased that the Bill has Government support and that funding has been promised, although I hope the Minister was listening carefully to my hon. Friend when he said that more might be necessary. On that note, I thank the Department for Communities and Local Government for the £790,000 that has been given to Oxfordshire under the Government’s homelessness prevention programme to fund the trials of new initiatives on homelessness.
We have heard a great deal about the importance of co-operation and cross-party working, and I make a plug for the cross-party co-operation in Oxfordshire over the past year that has led to good practice in the reduction of homelessness. For example, our district council and charities have been working closely together to reduce the number of rough sleepers in our district by 20%, which shows how well a more holistic approach of the type set out in the Bill can work.
We have seen some great initiatives in the past year, including the production of a pocket guide for the homeless. That might not sound like much, but having all the phone numbers in one place for short-term and long-term solutions to homelessness problems is useful to people whose life is chaotic and who are moving from place to place.
We also have some great local charities. I have seen the Beacon centre at St Mary’s church in Banbury offering friendly but firm advice to some of our rough sleepers, and one of my favourite buildings in my whole constituency is the one that houses the Banbury Young Homelessness Project, which takes a forward-thinking, holistic approach to preventing the causes of homelessness. The project provides counselling and therapy for family groups, and it has a brilliant job club. In 2012, the project won the Queen’s award for voluntary service. I love going there; it is very much like being at home with one’s own teenagers. Madam Deputy Speaker, I know that you will understand and empathise with the fact that the sort of support it provides is almost that of a parent for a group of teens who are uncertain about which way to go, who need a bit of help and encouragement to get through job interviews, and who might not get such support from their family or at home in the way that we hope our own children do.
The Salvation Army has been turning lives around, particularly those of rough sleepers, for many, many years. It helped members of my family who came home from the first world war, and I am impressed by the cutting-edge work it continues to do. It is clear that rough sleepers have very different needs—families at risk of eviction differ greatly from people with drug and alcohol dependencies who have been rough sleeping—and our charities and council, working together, recognise that. I accept that not all are working together so well and that we need the safety net enshrined in the Bill, but it seems right that there should no longer be a double standard of priority need. Anyone who does not have a bed for the night is, of course, a priority.
We have heard a lot this week about difficulties in the Prison Service, and it is right that we draw attention to the link between homelessness and imprisonment. Some 15% of new inmates going into prison for the first time are homeless, and 80% of those previously homeless prisoners reoffend in the first year after release, which compares very badly with a reoffending rate of under 50% for those who were not homeless when they went into prison. Dealing with homelessness will really help in the battle to reduce reoffending, so I add my support to this well-balanced Bill, which will support the homeless without putting undue pressure on councils. I hope that, by working together, claimants and councils will help to reduce the problem of homelessness.
Mrs Drummond
I was pleased to serve on the Bill Committee and to be part of the consideration of a Bill that will make a big difference to many vulnerable people. There are two aspects that I particularly welcome: the extension to 56 days; and the measures on the personal adviser and assessment. I hope that I will no longer have constituents in my surgery who are waiting for the arrival of the bailiffs as that is the only way they can declare themselves homeless under existing rules.
In Portsmouth, the average time spent in temporary accommodation is three to four months. I hope that under the new system created by the Bill, temporary accommodation could become unnecessary for the majority of homelessness cases in my city, saving the local authority money. Removing the threat of a prolonged fight to regain possession will also encourage private landlords to take on benefit claimants referred by the local authority. The measures in the Bill will therefore ease the need for temporary accommodation at both ends of the process. Private landlords will take on more tenants, and those who are given notice will more frequently be found a new tenancy without an interval.
I hope that local authorities will look on the Bill not as a burden, but as an opportunity. Many, including Portsmouth City Council, are already working on the Bill. I hope that it will pass smoothly through the other place and will return to us with few changes, unless they make things dramatically better.
I thank the Minister and his civil servants, and the charities, especially Crisis, for providing excellent briefings. Of course, I thank my hon. Friend the Member for Harrow East (Bob Blackman) in particular for his many hours of hard work to get the Bill through.
Michael Tomlinson
It is a great pleasure to follow my hon. Friend the Member for Portsmouth South (Mrs Drummond), with whom I served on the Bill Committee. It is right that we pay great tribute to my hon. Friend the Member for Harrow East (Bob Blackman)—he will be blushing all afternoon, I am sure. The hon. Member for Hammersmith (Andy Slaughter) might be right that this process will be the model of how to get difficult legislation through in a private Member’s Bill. All the praise that has been given is due.
The hon. Member for Hammersmith invited me to exercise iron discipline today. In fact, he invited me not to speak at all, but that would have been a step too far. However, I will exercise discipline, not least because as you will have noted, Madam Deputy Speaker, my Bills appear on the Order Paper at positions 3 and 4. I am sure you will be interested to hear that my speech on Bill No. 4 refers to cricket in some detail, so it would be a shame indeed if we were not to get to that. Pages 3 to 5 of my speech are beautiful prose about cricket, and the House will be disappointed if we do not get to those Bills this afternoon.
I want to sound a note of caution. I was disappointed by one speech this afternoon—that from the right hon. Member for Leigh (Andy Burnham), who is no longer in the Chamber. I was disappointed because it sounded more like a campaign speech than points about new clauses 1 to 3. It might be that he misunderstood the situation because he was not here on Second Reading and did not have the benefit of sitting on the Bill Committee. He was wrong when he said that there was a cosy consensus. There is cross-party support for the Bill, but there were robust debates in Committee involving exchanges from both sides to ensure that the Bill got through.
If there was consensus, it was on one fact. I believe that every member of the Bill Committee, and every single individual in the Chamber, shares the same view—my hon. Friend the Member for Harrow East and the hon. Member for Hammersmith have mentioned this—that one person sleeping rough is one person too many. If there is a cosy consensus around that, so be it; I stand guilty as charged.
Moving on from that one sour note, let me say that it was a huge pleasure to serve on the Committee. This was my first private Member’s Bill Committee, and if they are all like that Committee, they will be a pleasure indeed.
We cannot pat ourselves on the back at this stage because there is more work to be done as the Bill goes through the Lords. I agree with the hon. Member for Westminster North (Ms Buck) that this is but one step—it is not the complete answer—and my hon. Friend the Member for Harrow East made the same point. The Bill is not the whole answer, but it is a big step in the right direction.
Michelle Donelan (Chippenham) (Con)
I am delighted to support the Bill and to have served on the Bill Committee. I commend the work of my hon. Friend the Member for Harrow East (Bob Blackman), who has worked tirelessly on the Bill, giving 100% commitment and garnering cross-party support, which is quite an achievement. It is important to note the extent of the involvement and input of local authorities throughout the country, as well as that of national homelessness charities. We should also note the dialogue that each of us has had with our local charities. I am a long-term supporter of a homelessness charity called Doorway in my Chippenham constituency. Its views on the Bill have proved invaluable in giving me a more detailed insight into the exact impact it will have on the ground.
There has been some talk today about what the Bill does not cover, despite, as my hon. Friend the Member for Harrow East pointed out, it being one of the longest ever private Members’ Bills, and perhaps the most expensive. It is important that we emphasise what it does cover. We must remember that while there is much more to be done and the Bill will not do everything that we hope it can achieve—it will not be a cure-all—the existing legislation has not been changed in 40 years, so perhaps this is a monumental step forward.
The key aspect of the Bill is prevention: it does exactly what it says on the tin. Yes, it is true that some local authorities are already going above and beyond, but that is not consistent; in fact, the provision is patchy throughout the country. The Bill will end the atrocious postcode lottery and ensure that one minimum yet high standard is in place throughout the country to address and prevent homelessness. It will give local authorities guidance and create a level playing field, ending the hit-and-miss policy that has gone on for far too long.
Prevention really is the key. Perhaps the most important element of the Bill is the prevention duty that enables local authorities to provide help from 56 days before homelessness, rather than 28, meaning that they will be able to help while there is still time and that action can be taken before complex needs develop any further. That point has been raised with me several times by local charities. It will save local authorities, the NHS and other bodies money in the long run. It will prevent people from getting county court judgments, as has been mentioned, as well as helping with similar issues, and it will ensure that desperate people really do have the opportunity to get back on their feet. It will free up homelessness charities so that they have more time to help effectively.
Above all, however, prevention is the right thing to do. My hon. Friend the Member for Harrow East said that if one person is sleeping rough on the streets, that is one too many and a national disgrace. I fundamentally agree with him. A key role for all MPs is to create opportunities and help the vulnerable and needy in our society, whatever our party. Surely the Bill goes right to the heart of that. I know that other Members wish to speak, and I never intended to speak for long because I have talked about this issue in the House numerous times. I shall finish by reaffirming my support for the Bill and its intention to prevent homelessness.
David Mackintosh
It is a pleasure to support the private Member’s Bill promoted my hon. Friend the Member for Harrow East (Bob Blackman). He deserves congratulation, and it has been a pleasure to work with him.
It is great that the Bill has reached this milestone in the legislative process. Our debates in Committee were thorough and productive, and we were able to analyse every aspect of the Bill, so I thank right hon. and hon. Members for their contributions. I am also pleased with the role played by the Select Committee, which played an important part in giving the Bill proper scrutiny, so I thank its Chairman, the hon. Member for Sheffield South East (Mr Betts).
Throughout the process, I have always believed that, as others have said, one person who is homeless is one too many, so every opportunity we have to highlight this problem in modern society is helpful. All Members taking part in the debate will be particularly mindful of the human stories behind the statistics, and it is important that we remember the people whom we are trying to help. I put on record my gratitude to the Hope Centre in my constituency, of which I am proud to be patron. The staff there do fantastic work to help homeless people to rebuild their lives.
I express again my wholehearted commitment to the Bill and what it would achieve. Along with many other colleagues, I have said that it will not be the only solution to end homelessness, but it is a crucial step on the path towards helping people who are at risk. I am sure that in the near future the opportunity will arise to make further changes, and I eagerly anticipate the Government’s housing White Paper. The all-party group on ending homelessness will continue to push on these issues. Indeed, just this week we had an informative and helpful session on prison leavers. Last night, I had the pleasure to watch a new documentary called “Slum Britain: 50 Years On”, which was created by Shelter, Channel 5 and ITN. It focuses on the plight of hidden homelessness in our country. At the screening, which was also attended by the hon. Member for Dulwich and West Norwood (Helen Hayes), we were able to meet one of the families whom the documentary had followed. We were told of their struggles with their local authority and the seemingly impossible challenges that they faced when trying to access help. Such things remind us why the Bill is so necessary and why it must progress through the House and into the other place. People are looking to us to help them in their most desperate times.
My hon. Friend the Member for Harrow East has already thanked the many people who have contributed to this Bill from both sides of the House. I am grateful to the Minister and his officials, colleagues from the Select Committee and the Bill Committee, and the charities that have backed us so strongly, including Crisis, Shelter, St Mungo’s, and Homeless Link. I am glad to give my support to the Bill today.
Will Quince (Colchester) (Con)
I do not want to repeat too many of the comments that have already been made, but I cannot fail to pass on my thanks to my hon. Friend the Member for Harrow East (Bob Blackman) for his tireless work, drive and dedication on the Bill. I, too, very much hope that the Bill does proceed through this place and becomes an Act. I wish to thank the Minister and his officials, not least for setting aside the £48 million that will go to help local authorities support the implementation of this Bill. I also thank Opposition Members, who have played such a key role in this Bill.
It has been an absolute pleasure to serve on the Bill Committee. It was the first real Bill Committee on which I served. Seeing such consensual cross-party working made me wish that more Bills and private Members’ Bills operated on such a basis.
So many years on from “Cathy Come Home”, there is no doubt that we have become blind to things such as rough sleeping. There is also the problem of the homelessness that we do not see—I am talking about the homeless people who are sofa surfing or who are having to sleep over with a friend. We do not see them because they are not visible on the streets. I am as guilty as anyone else of walking past those who are sleeping in doorways. I do so partly because we are advised by many charities, for all sorts of reasons, not to give money. Occasionally, I will buy sandwiches and other types of food.
Something interesting happened to me just a few weeks ago. I was walking along the road to catch the 91 bus back from the Covent Garden area, and a homeless lady approached me. I thought that she was going to ask for money, but in fact she did not; she asked for a hug, because we had had a chat. She said, “Thank you for talking to me. Thank you for engaging with me like a human being. Thank you for recognising that, just because I am homeless, it does not mean that I am not a person.” We must not forget that we cannot ever lose our humanity.
As many Members from across the Chamber have said today, one person who is sleeping rough, one person who is homeless, one family who is sofa surfing or living in a one-bedroom temporary accommodation unit is not acceptable. It is not acceptable in any country; it is certainly not acceptable in the fifth largest economy in the world. That is why I am so proud to support this Bill. As the Minister knows, our record is not great: we have seen an increase in rough sleeping and in homelessness. I am proud that the Government are now taking action by supporting this Bill, which puts prevention at its very heart. Yes, we must do far more to tackle homelessness and rough sleeping on our streets, but the key must be prevention and ensuring that we interact and engage as early as possible with those who come to us asking for help. That is why I am really proud that this Bill increases to 56 the number of days that we can help someone before they become homeless. That means that we can intervene, engage and help those who rightly seek support at the point at which they know they need help but before they reach crisis.
I support this Bill and hope that it progresses to the next stage. I also hope that all Members across the House will support it fully.
Mrs Sheryll Murray (South East Cornwall) (Con)
First, let me apologise for not referring Members earlier to my entry in the Register of Members’ Financial Interests.
I, too, wish to congratulate my hon. Friend the Member for Harrow East (Bob Blackman), because, having piloted two private Members’ Bills through the House in the previous Session of Parliament, I know how much hard work is involved. I wish this Bill every success when it goes through the same stages in the other place.
I wish to put the Cornish perspective to the House, and to say how grateful we will be in Cornwall for the changes that this Bill will introduce. Despite the 49% fall in unemployment in South East Cornwall since 2010 and a strengthening local economy, low incomes remain a challenge across Cornwall. Conversely, as a result of our thriving tourist industry, we have one of the highest proportions of second homes, and that naturally has an impact on housing affordability. Only a strong economy that enables incomes to rise will help everyone to be safe and secure and ensure that those who deserve support and care receive it. Unfortunately, however, homelessness remains a considerable challenge in my constituency and across Cornwall—one played out in the casework that comes across my desk every day. That is why I support the Bill of my hon. Friend the Member for Harrow East: it will refocus the efforts of English authorities to prevent homelessness.
We have heard of cases in which people have had to wait until they have been given a bailiff’s letter before the local authority will consider rehousing them, and the situation is exactly the same in South East Cornwall. There are also considerable difficulties for people seeking alternative accommodation. I often see constituents who feel that they have been let down by the Liberal Democrat, independently led local authority. That is why I pointed out in an intervention that the leader of the Liberal Democrats was selling a message of wanting to provide more houses without there being anybody here from that party to support the Bill. I would not be proud of that, but I am so glad to see so many Government Members here today supporting a Bill genuinely to introduce measures to help homelessness.
I am aware that other Members need to speak, so I will not repeat what other hon. Members have already said. I finish by quoting what Crisis said about the Bill:
“It brings much-needed reform to England’s 40-year-old homelessness legislation.”
I could not agree more. I really applaud my hon. Friend the Member for Harrow East.
Dr Tania Mathias (Twickenham) (Con)
I want to add my respect and blessings to the Bill, but first I refer Members to my entry in the Register of Members’ Financial Interests.
My absolute respect goes to my hon. Friend the Member for Harrow East (Bob Blackman); as the hon. Member for Hammersmith (Andy Slaughter) said, my hon. Friend has surely provided a template for MPs on how to get a private Member’s Bill through and on the tone and thoroughness of work that should go into such a Bill. I give credit to colleagues who have been involved in a lot of work in Committee. I am in awe of their work and it is a pleasure to applaud them now.
I agree with other Members that this is but one part of a whole strategy. In that spirit, I wish to pay tribute to a lot of people in my community. I hope that we do our jobs as MPs and that the Lords will play their part, but local government is also vital. Brian Castle was a housing officer; he has recently retired. I could call him any time during the day or evening if I was concerned about a homeless person in my constituency. He would tell me that day, within hours, what services were being provided and help was being given to that person. That was a great asset for me as an MP.
I also give credit to Colin Kennedy, my previous borough commander. He invited me to go out with the police on a Saturday night-Sunday morning shift. I witnessed how amazing the police are in dealing with people sleeping rough who may not wish to go to A&E. I saw amazing policemen cajole those people, initially against their will, into getting help so that they received the services they needed.
I also pay tribute—this does not happen often—to the Secretary of State for Health, because we are now putting mental health on the agenda. Having psychiatric services in A&E departments, in the triage system, is a vital part of the whole strategy for everyone, and particularly for people who find themselves rough sleeping or homeless. I will not have been the only person in the NHS who treated somebody for an injury and who was then heartbroken to see them walk out of A&E, knowing they had no home to go to.
I also pay tribute to Mia, a young schoolgirl in my constituency who sold amazing cupcakes she had baked to raise money for Streetlink. As she said on her JustGiving page, she smashed it—she smashed her target.
I think my hon. Friend the Member for Harrow East has also smashed his target. There are some heroes who wear capes, and some heroes who have spider webs drawn on their faces, but today there is a hero wearing a suit, a tie and a little lapel pin saying, “Back the Bill. Reduce Homelessness.” It is a privilege to be here.
David Morris (Morecambe and Lunesdale) (Con)
How can I follow that tribute to my hon. Friend the Member for Harrow East (Bob Blackman)? I have known him for some time now—since before we both came into the House—and he is a very caring man. He is also a good friend to not only me but other colleagues on the Government Benches and on the Opposition Benches as well. I pay tribute to my friend for getting this Bill through; it is well overdue. I thank him so much.
I pay tribute to the Minister for being patient. It has been quite a marathon, but it is good to know that £48 million is going to be available for these new duties—there is an intimation that there could be more, and I hope there is.
I also pay tribute to the hon. Member for Hammersmith (Andy Slaughter). I have not always seen eye to eye with him, but I more or less agree with everything he said today, and it has been a pleasure to sit here and listen to him speak, from 9.30 am, when we started, to this point.
It is good that we can now even out the playing field for people who are needy—especially people who were in the armed forces, people with mental health issues and people who find themselves on the streets for no other reason than that life has dealt them a bad blow.
We do not have to be reminded of the problem of homelessness; it has been creeping up over the years—I think we can all agree on that. When I leave the House every night, there are people sleeping in the underpass, and it always makes my heart sink to see that.
Even though I have had nothing to do with the proceedings up until this final point, I feel proud to have sat here today and just to look at everybody who has actually worked on everything that has got us through to this point. What we have done today—what you all have done today—in this Chamber is historic and nothing short of miraculous. I just hope that the Bill reaches the statute book as soon as possible.
James Berry (Kingston and Surbiton) (Con)
I draw the House’s attention to my declaration in the Register of Members’ Financial Interests.
I want to say how pleased I am to be here to see the passage of this very important Bill, particularly as I am sitting just in front of my hon. Friend the Member for Harrow East (Bob Blackman), who put his case, as he did on Second Reading, with passion, with conviction, with real dedication and with real knowledge about this cause.
I also want to thank Crisis and Shelter for all their work behind the scenes and for their public advocacy, and Members have turned up to speak to the Bill and to ensure its passage through the House. I know of the great work that Crisis, in particular, does, because my mum spent Christmas volunteering with it two years ago and had a really fantastic time. I would thoroughly recommend volunteering to all Members of the House.
The Minister and the shadow Minister, the hon. Member for Hammersmith (Andy Slaughter), were right when they said that legislation alone would not be sufficient to tackle homelessness. We do need legislation, and that is why we are here today—to pass the first significant piece of legislation on homelessness for 40 years. This legislation will, among other things, end the nonsense that I hear time and time again in my advice surgeries, where 40% of the cases I see are about housing: that tenants facing eviction must be made to wait for a bailiff’s notice before receiving homelessness protection from the council.
As well as legislation, to tackle homelessness we need money from the Government and involvement from third sector organisations. Having convened a homelessness summit in Kingston with our many third sector organisations, council officers, the leader of Kingston Council and the lead member for housing, thereby gaining a lot of knowledge of the local processes, practices and needs, I was able to lobby the Government for homelessness funding with, I think, some authority. I am pleased that Kingston is part of a tri-borough homelessness prevention trailblazer area that is to receive £1 million of Government funding to tackle homelessness. This is great news for the Royal Borough of Kingston, which in virtually every funding formula applied by the Government, be it the revenue support grant or the schools funding formula, does not do very well. It was dismissed as a “leafy borough” by the noble Lord Prescott when he sat where my hon. Friend the Minister sits today, but that woefully fails to recognise the fact that it has pockets of social deprivation as bad as those in any other area of London—and yes, it has rough sleeping, which we must tackle.
Third sector organisations are, and have always been, vital in the fight against homelessness and in homelessness prevention. It is notable that many of these are faith-based organisations where people, as part of their worship and devotion, give service to the most needy in their local community. In Kingston, that includes Kingston Churches Action on Homelessness; the Joel Community Project; the YMCA; Churches Together, which offers up churches as night shelters in the winter; and the Ahmadiyya Muslim Community. I thank all those organisations, and others I have not mentioned, for their work, in collaboration with the council, to tackle homelessness in Kingston. I look forward to working with all of them, and with Kingston’s Conservative council, in implementing the provisions of this Bill, and working out how best to spend the trailblazer funding we have been granted by the Government to end the disgrace of homelessness in Kingston and in our country as a whole.
Victoria Atkins
I join hon. Members on both sides of the House in thanking and congratulating my hon. Friend the Member for Harrow East (Bob Blackman). I think that today we have heard the beginnings of his next general election leaflet, “Hero for Harrow East”.
I very much welcome the Bill’s emphasis on preventing homelessness. It is practical and compassionate, and has the added benefit of being cost-effective. I welcome the fact that the Government have committed £48 million for councils to help them to improve services throughout the country. It is also welcome that the formula will be flexible enough to ensure that the money is directed to the boroughs and districts that need it most. I am very conscious that the House of Commons Library has estimated that there are seven rough sleepers in the entire district of East Lindsey. Although that is a tragedy for each and every one of them, I am, I hope, mature enough to realise that there are other parts of the country where, sadly, the figures are far higher, and I would much rather that the formula is flexible enough to help the areas that most need it.
I end with the words of the very helpful briefing paper from Crisis:
“The Homelessness Reduction Bill could transform the help available to homeless people, and if passed could represent one of the most important developments for homelessness in nearly 40 years.”
If that is not a fantastic sending off for this Bill, I do not know what is. I wish the Bill a speedy legislative journey to its natural home on the statute book—pun properly intended.
Tom Pursglove (Corby) (Con)
It is always a pleasure to follow my hon. Friend the Member for Louth and Horncastle (Victoria Atkins), my fellow Home Office Parliamentary Private Secretary. I pay tribute to my hon. Friend the Member for Harrow East (Bob Blackman)— a doughty campaigner who has shown great determination in steering this Bill through this House. I look forward to its receiving Royal Assent in due course and becoming an Act of Parliament.
It has been an absolute pleasure to be here on a couple of Fridays to support this Bill. I have been conscious on both occasions that I did not want to get in the way or detain the House for any length of time, so I have chosen to speak at this point. This Bill shows the real value of private Members’ Bills where it is possible to command support across the House we can really get things done. The process is a useful vehicle to achieve that. It may well be that modifications are needed to the system, but when it works well, it works very well, and this is an example of its value. It is good to see the House working so collegiately, which people out there in the country will think makes a refreshing change.
The issue of prevention is very important. My hon. Friend the Member for Colchester (Will Quince) put it better than I ever could. Our public services more generally are going to have to focus more on prevention in the years ahead to get things right and to relieve the pressures. The Bill is considered, logical and sensible. It is right to clarify the importance of rights and responsibilities not just for local authorities and public services, but for the individual concerned, and the Bill does that very effectively indeed.
I want to say a few words of thanks to people in my own constituency. The housing departments of both East Northamptonshire Council and Corby Borough Council do a terrific job in making sure that we do not often get to the point where people find themselves homeless. I pay tribute to them for all the work they do, including with me as their local Member of Parliament, and the support they provide to my constituents, to try to get these things right.
I also pay tribute, as many other Members have done, to both Crisis and Shelter for all their efforts, not only on the ground, but in getting the Bill’s provisions right, and for working so constructively with my hon. Friend the Member for Harrow East and the Bill Committee members to achieve that.
I also thank those in my constituency who do so much good work to help those who find themselves in the most difficult of circumstances. Over Christmas, Rev. Dennis Binks and his congregation led a delegation on to the streets of Corby and Kettering on many cold winter evenings. They helped a number of people and I am very grateful to them for their efforts. I know that Ministers and everyone else in this House will send their thanks and appreciation to them as well.
There is clearly more to do—I do not think that any Member in this House would dispute that—but this Bill is a significant and important step forward in eradicating homelessness once and for all.
Mr Marcus Jones
I am very pleased and proud to speak in support of the Bill’s Third Reading. Homelessness, as we all know, is a chronic issue with which successive Governments have grappled. Given the complex issues that many people face, no one could claim that tackling homelessness is easy, but, as I and many colleagues have said many times, one person without a home is one too many. Everyone who can help clearly has a duty to do what they can.
Supporting important proposed legislation such as this Bill is what we can do in this House. We have scrutinised and improved the Bill, and we all hope that it will complete its passage without incident and deliver the change that we want to see. Royal Assent is only the start, however, and I want to talk about what the Government will do to make the Bill a success on the ground.
On 17 January, I announced £48 million of funding to local government to meet the new burdens cost associated with the Bill in this spending review period. When I made that announcement, I was clear that the figure of £48 million reflected the Bill as drafted at that time. I committed to updating the new burdens assessment to reflect any changes to our estimates in the light of any further amendments to the Bill on Report. The Government have today made significant amendments to further strengthen the Bill, and I am sure that hon. Members on both sides of the House are keen to understand their impact on the new burdens cost.
I can confirm that the amendments agreed today are estimated to increase the cost of the Bill by £13 million over the course of this spending review period. That increases the total new burdens cost of the Bill from the £48 million that I had announced, to £61 million. I am pleased to confirm that the Government will meet those costs.
I do not know whether it is true or not, but I suspect that, as several hon. Members have suggested, my hon. Friend the Member for Harrow East (Bob Blackman) has achieved a record in having the private Member’s Bill with the most significant cost implications for Government spending. In that sense, he can consider that he has had a very good outcome.
The final new burdens assessment will be published once the distribution formula for the funding is complete, and when the Bill has completed its passage through the House. As I said in Committee, we will work with local authorities and the Local Government Association to develop a fair distribution model for the funding. That needs to reflect the different need in different areas, reflecting, for instance, the additional pressures and costs faced by many councils in London.
Ahead of implementation, we will work with local housing authorities to ensure that they have the resources and support they need. Key to that is updating the code of guidance, which will be reviewed in co-operation not only with local housing authorities but others with an interest and expertise, such as the homelessness charities and the landlord groups—not to mention the continuing role that the Select Committee will no doubt play in the process. That guidance will be needed by local authorities as they prepare to implement the new duties in the Bill, and as they support their staff to understand the new legislation and undertake the training they will need.
The Government will also have key implementation tasks. We will prepare the regulations setting out which public authorities will be subject to the duty to refer, identifying those authorities and working with them to ensure that they understand their new responsibilities and are ready to play an active role. We will also continue our work to improve the data we collect, so that we can monitor implementation and assess the impact and success of the Bill.
We do not see the Bill as the only way to reduce homelessness. It is an important part of our armoury, but it is not the panacea. The Government have initiated and are working on several other programmes in this area, because we are determined to do as much as we can to tackle the issues of homelessness and rough sleeping.
I want to finish by paying personal tribute to my hon. Friend the Member for Harrow East for all the effort that he has put into the Bill. It has been an absolute pleasure to work with him over many weeks on his Bill. As he mentioned, the time and scrutiny the Bill has been through is unusual, but he has remained calm in the face of some real challenges and has been focused on his final aim, which has been a key factor in getting the Bill this far.
Earlier, I mentioned hon. Members on both sides of the House who have been instrumental in bringing the Bill forward, but I also wish to mention my hon. Friend the Member for Enfield, Southgate (Mr Burrowes), who—in the absence of a Government Whip in a private Member’s Bill Committee—acted as Whip and wing man for my hon. Friend the Member for Harrow East. I also wish to thank one of our long-suffering departmental Parliamentary Private Secretaries, my hon. Friend the Member for Taunton Deane (Rebecca Pow), for the effort that she has put into the process. The other person on the Committee I have not mentioned is my hon. Friend the Member for Portsmouth South (Mrs Drummond), who also made an excellent contribution to the debate today.
I also wish to mention Martine Martin, the parliamentary assistant to my hon. Friend the Member for Harrow East. I will not say she kept him in check, but she worked extremely hard and diligently to help him to bring the Bill forward.
Finally, I also thank my officials for doing a tremendous job, the charities, particularly Crisis, Shelter and St Mungo’s, the relevant landlords associations, the LGA and the many individual councils and others in local government. I look forward to the Bill’s enactment. I am sure that my hon. Friend will remain hot on my heels as it is implemented, and I look forward to continuing to work with him on this extremely important issue.
Bob Blackman
With the leave of the House, I rise to say a few thank yous and to wish the Bill Godspeed through the other place.
I would like to thank the no fewer than 20 right hon. and hon. Members who have contributed on Third Reading. This is a complicated Bill with 13 clauses. It was 18 pages long before we agreed the Government amendments today, so I suspect it is now about 20 or 21 pages. It is a comprehensive Bill that attempts to ensure that anyone threatened with homelessness, or who has already reached that crisis point in their life, receives help and advice and a plan for securing accommodation from the local authority. The Bill, which encompasses the whole public sector, will concentrate efforts in the hands of experts so that they can assist those who face this terrible crisis.
I particularly thank hon. Members for their appreciation of me, and I point out to my hon. Friend the Member for Twickenham (Dr Mathias) that it is national cake day, as well as Holocaust Memorial Day—and we should remember the plight of those individuals too. As for the Bill, the heroes are not in this Chamber; the heroes are those who go out every day to combat homelessness throughout the country—they are the people who deserve the plaudits.
I thank the Minister for his kind remarks, and for the extra money he has managed to stump up—perhaps we should have put his feet to the fire even more. But I will draw a line there. We have done as much as we can, although the Select Committee will be following carefully the implementation and operation of the Bill to make sure that sufficient funding is available and that local authorities are doing their job. I reiterate my thanks to the officials from the Department. I will miss our regular briefings, and the texts and emails requiring my assistance at 11 o’clock at night. I hope that once the Bill is enacted we can work together again in the future.
I would like to commend and thank the charities, particularly Crisis, Shelter and St Mungo’s, as well as the landlords associations, which helped get the Bill to this stage, the LGA and all the local authorities—they, after all, have to implement the Bill. Most importantly, I hope that they plan now for the Bill’s enactment, rather than waiting for it to become a reality. Finally, I wish the Bill Godspeed. I hope that the other place will have observed our proceedings today, as well as our Second Reading debate and all our hours in Committee spent scrutinising the Bill, and that they speed it through their House, so that it might become an Act as fast as possible and start to combat homelessness on our streets straightaway.
Question put and agreed to.
Bill accordingly read the Third time and passed.
Homelessness Reduction Bill
Monday 30th January 2017
(7 years, 2 months ago)
Lords ChamberRead Full debate Homelessness Reduction Act 2017 Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 27 January 2017 - (27 Jan 2017)
Homelessness Reduction Bill
Friday 24th February 2017
(7 years, 1 month ago)
Lords ChamberRead Full debate Homelessness Reduction Act 2017 Read Hansard Text Read Debate Ministerial Extracts Amendment Paper: Consideration of Bill Amendments as at 27 January 2017 - (27 Jan 2017)
Lord Best (CB)
My Lords, it is a great honour for me to pilot this ground-breaking Private Member’s Bill through your Lordships’ House. I declare my interests as on the register, including as chair of the council of the Property Ombudsman for the private sector, as a past president and vice-president of the Local Government Association, as a member of the Crisis external advisory board and from nearly 50 years of working with housing charities and housing associations.
The Bill, which has been guided so expertly through the other place by its sponsor, Bob Blackman MP, is indeed ground-breaking because of the fundamental change it brings to the way that homelessness is tackled in this country, but also because it has followed a unique route through Parliament. The story began two years ago with a report from an inquiry initiated by the well-respected housing charity Crisis, chaired by the leading academic in this field, Professor Suzanne Fitzpatrick. This report showed that very many of those becoming homeless were not receiving the help they needed and that some people were being treated very badly.
The Select Committee for Communities and Local Government in the other place, chaired by Clive Betts MP, took up the story and made proposals for action to stem the rising tide of homelessness. By great good fortune Bob Blackman, who as a London MP has a keen interest in this issue, secured second place in the ballot for a Private Member’s Bill and, working with Crisis, choose the homelessness theme. Most unusually, under Clive Betts’s leadership the CLG Select Committee then undertook full pre-legislative scrutiny of the draft Bill. Important changes to the original version were agreed on a cross-party basis. Next came the all-important decision of the Government to back the Bill in principle. All this was just the start because an extensive and robust Committee stage followed the lengthy debate at Second Reading, with its 39 Speeches. With its seven sittings and 15 hours of discussion, the Bill Committee agreed amendments which returned for a five-hour Report, with a further 21 amendments, and Third Reading with speeches by 20 honourable Members. I suspect that no Private Member’s Bill has ever had quite so much attention and scrutiny and, ultimately, so much cross-party support in the other place.
What was achieved was the reconciliation of the conflicting interests and concerns of all the key parties. The list of these different bodies is extensive. First, there were the charities representing the interests of the homeless people they serve: alongside Crisis, there was St Mungo’s, Shelter, Centrepoint, Homeless Link and others. Secondly, there were the vital local government interests, represented by the Local Government Association in particular. Local authorities will have responsibility for implementing the new legislation and, naturally, councils have been anxious about taking on new duties and the cost of paying for them. Thirdly, there were the interests of the organisations representing private landlords, since the private rented sector is now the source of homes for so many households, having doubled in size since 2000. Fourthly and finally, there were the interests of central government, which must find the funding for the extra burdens placed on local councils. Here the lead was taken by the DCLG Minister Marcus Jones, who has proved immensely skilful—not least, I feel sure, in difficult behind-the-scenes discussions with HM Treasury.
The end result of all the negotiations is a Bill which delicately balances the interests of these different parties. It has proved acceptable—this is pretty remarkable—to all the political parties, to central and local government, to the housing charities and to the landlords’ representative bodies. I congratulate Bob Blackman, Crisis and all involved in this mammoth effort. I believe that the Minister will shortly spell out the new measures in the Bill in more detail but perhaps I could briefly summarise what it aims to achieve.
Exactly 40 years on from the Housing (Homeless Persons) Act 1977, a landmark in itself, the Homelessness Reduction Bill seeks to build on that foundation. It reaches out to the homeless people who have not been helped by the earlier Act because they have not been deemed as in “priority need”, mostly because they are single or in childless couples with no specialist problems. For these people, a new duty on councils is introduced to provide them with the advice and support that can get them off the streets or prevent them ending up there in the first place. For those families and vulnerable people who are regarded as in priority need, for whom the 1977 Act has been invaluable in requiring councils to find them somewhere to live, the Bill now goes further: it ensures the process of assisting them starts earlier, two months before they seem quite likely to become homeless, most often because they have been given notice to quit by their landlord. Again, the aim is to prevent homelessness rather than to pick up the pieces too late in the day.
In so far as prevention succeeds, the Bill will bring down the cost of homelessness in terms of human misery, as well as in hard cash. Costs follow directly from a priority household having to be found temporary accommodation and indirectly from a non-priority household being forced to sleep rough with all the attendant health and social costs that brings. These measures bolster the Government’s important homelessness prevention programme, for which extra funds have recently been found.
Some exemplary local authorities are already engaged in strenuous efforts to help potentially homeless households. I recently saw the work being done by the London Borough of Lambeth against almost insuperable odds. Lambeth has a big team dealing sensitively with heart-breaking cases, as I know from sitting in on interviews there. The caseworkers will refer those who are non-priority cases to specialist support services; they will mediate with landlords, maybe helping tenants with a deposit or organising discretionary housing payments to top up inadequate rental entitlements; sometimes they will even pay off some rent arears; and always they will treat people in trouble with respect.
Sadly we know there are also councils that seem to do as little as possible to assist people before a real crisis strikes. Bad practice too often takes the form of telling those tenants who have been served notice that they cannot be helped until that notice has expired, until court action against them has been taken, or even, in the worst cases, until the bailiffs are at the door. A family that has been forcibly evicted will find it virtually impossible ever to secure a new tenancy elsewhere. The trauma and disruption will stay with them, particularly for children, for years to come, and then follow the cost and distress of temporary accommodation, perhaps in an awful, unsafe bed-and-breakfast hotel.
Sometimes, moreover, it has seemed that certain local authorities have used the excuse that someone has failed to co-operate, even if they have only failed to attend an interview, maybe for very good reason, to refuse them any further help. For some councils, a whole cultural shift is needed to go from finding reasons for doing nothing to making efforts to help people pre-empt, prevent and avoid homelessness, with proper assessment of their requirements and a formal plan for their future. The Bill includes a provision for new codes of practice, which would be the subject of extensive consultation and parliamentary scrutiny, to up the game of everyone.
There is no denying that this Bill places extra burdens on local authorities. It will cost millions to implement even if, in the longer term, a reduction in homelessness leads to savings. I congratulate the Minister, Marcus Jones, on securing £61 million, which represents the Government’s estimate of costs over the next two years, but many in local government, while not wanting to avoid the new duties the legislation will bring, believe actual costs will be a lot more. Pressure from the Local Government Association and the Opposition Benches in the other place has led to the Government agreeing to a full-scale review before the initial two-year funding runs out. This is a very important commitment by the Minister. With councils suffering badly from inadequate resources, particularly for social care, it is extremely important that this funding is at the right level. If costs turn out to be more than the Government anticipate, I would certainly expect additional resources to be forthcoming, since that is the commitment which this Bill implies, but I realise the Treasury will make no promises for a period more than three years from today.
It is not for me to try to unpack or disturb the agreed content of the Bill after all that has gone before, but this is an opportunity to air some wider thoughts about homelessness in the UK, about the context for this new legislation and about the issues yet to be resolved alongside the implementation of the Bill. This brings me to two wider policy points, and I feel sure other noble Lords will add their broader comments on issues of homelessness.
It is obvious that problems of homelessness will continue so long as there are not enough homes to go round. Addressing the chronic housing shortages with which we are now all so familiar is clearly a prerequisite. I commend the Government’s determination to get far more homes built, and I think the housing White Paper takes us in the right direction, not least in its central recognition that new homes to rent are needed as well as new homes to buy.
Increasing supply to match demand is a five to 10-year project that calls for all hands on deck, no longer relying on a handful of big housebuilders but backing councils, housing associations and build-to-rent developers as well as smaller building firms, retirement housing providers, self-build, custom housebuilding and new garden villages and garden towns. We cannot conquer homelessness or even reverse its alarming growth while, year after year, we have more new households formed than new homes built. The Bill can give councils new responsibilities to guide, advise, help and support but, if there are not the homes available, we will still see families moved to other areas, people sleeping in doorways on our high streets and people impoverished by their housing costs. It will take every new measure in the housing White Paper and more to tackle this underlying, abject deficiency in this country’s housing system.
If my broader comment is one of encouragement for the direction being taken by the Department for Communities and Local Government, I am afraid that is not the case for the actions of the other key government department, the Department for Work and Pensions. In its understandable but unrealistic efforts to cut the cost of housing benefit, the DWP is busy undermining the efforts of the DCLG and local authorities and, indeed, of this new Bill.
Our Shelter briefing on this Bill says that:
“Housing Benefit is one of the best tools to improve affordability and prevent homelessness by allowing those on low incomes to house themselves without having to turn to their local authority”.
Cuts to housing support accelerate and exaggerate current homelessness problems because they block off opportunities for accommodation in the private rented sector. I must leave on one side the DWP’s unfortunate plans to limit rents charged for specialist supported and sheltered housing where, in theory, DWP funds via local authorities will top up local housing allowance payments. That issue is a big worry in the homelessness sector, but I have a bigger concern about rent ceilings, benefit caps and freezes on the local housing allowance. These cuts mean fewer and fewer landlords will take in anyone who relies on government help with housing. Increasingly, there is a widening shortfall between the rents which landlords can obtain from those not reliant on any housing benefit and the rents which housing benefit will cover. Shelter figures show that, by 2020, the local housing allowance will not cover rents for even the cheapest properties in over 80% of local authority areas.
These real-term rent reductions come on top of the hazards for landlords from the difficulties poorer households face in finding deposits and rent in advance, as well as the DWP’s insistence on paying housing support to the tenant not the landlord. The result is not simply that, in seeking to prevent homelessness, councils and charities will find fewer and fewer landlords willing to accept the people they want to assist; the bigger problem is that, gradually, more and more existing tenants will find their landlords ending their current shorthold tenancies because reduced housing benefit support means those tenants can afford a rent only well below that available on the open market. As Shelter says:
“By far the largest cause of homelessness is people being unable to find somewhere else to live when their private tenancy ends”—
out goes the mother with two children; in goes the two-earner couple or even the three students. It seems quite likely that over the next couple of years, we could see a large proportion of the 800,000 or so households who are currently in the private rented sector and receiving housing help from the DWP being asked to leave. This will create a crisis indeed. I simply ask DWP Ministers to recognise that they cannot buck the market: if the least affluent are to be housed in the private rented sector—as they must be, because there is a woeful lack of available council and housing association accommodation—then the DWP must return to paying the same rent as the landlord can get from other tenants. The freeze on local housing allowances must go.
The Bill is not going to end homelessness. That will require, first, massive efforts to ease housing shortages—on which an important start is being made, I hope—and secondly, a better understanding by the Department for Work and Pensions that it is creating the problem, not the solution to homelessness. Nevertheless the Bill can, and I believe will, reduce homelessness, reduce the numbers suffering the horrors of living on our streets and reduce the far greater numbers of people who, in the absence of relatively inexpensive guidance and concrete support, are forced into hidden homelessness—sofa-surfing or living in ghastly conditions. Although this occasion brings the opportunity for us to put our wider concerns about the housing scene firmly on the record, I hope very much the Bill receives strong support from your Lordships. I warmly congratulate Bob Blackman and all those who have brought this ground-breaking Bill before us. I beg to move.
The Lord Bishop of Rochester
My Lords, I declare my interest as the chair of the organisation Housing Justice and thank the noble Lord, Lord Best, for his sponsorship of this Bill in your Lordships’ House. I also add my thanks to Bob Blackman, the Member for Harrow East, for his initiative in bringing forward the Bill in the other place. Before turning to the specifics of the Bill, I will echo the final points made by the noble Lord about the connection between the wider issues of housing supply and housing finance and the sharper end of homelessness which we see on our streets and in other manifestations. It would be such a tragedy if some of those wider matters were not tackled and frustrated the good intentions of this Bill.
I particularly welcome in the Bill the extension and redefinition of the duties laid on local authorities around prevention, relief and referral. These new duties should significantly extend the reach of support, care and help for those who are homeless, not least those such as the single homeless, already referred to, who hitherto have tended to fall through every net that there is to fall through.
I also welcome the Government’s commitment of £61 million of funding. Clearly, where local authorities and other public bodies are being given new duties to undertake, they need to have the resources to do so. But there is the question of the unknown demand for advice, advocacy and support services which may result from the Bill—hence the commitment by the Government to a review after two years, which is very welcome. Slightly pre-empting that review, I will dare to express the hope that the Government might do something which we might not always associate with a Government of any hue, which is to be generous and, when the time comes, to make sure that in future spending rounds—to pick up another point that has already been made—all local authorities are resourced in such a way that they can operate at the level of the best, and thereby ensure that we are working together to tackle these issues.
Legislation provides frameworks, and the Bill will greatly improve the framework around which we deal with matters of homelessness. Local authorities and other public bodies have duties and, as we have already heard, new duties will be given as a result of this legislation if the Bill is passed. The reality on the ground is that much of the provision often comes from voluntary and community organisations of one kind or another, ranging from the big national organisations, some of which have already been referred to, to little local initiatives in particular communities. That will continue to be the case: indeed, that provision may even need to increase as new possibilities come forward through the Bill.
I know my right reverend friend the Bishop of Southwark will refer to some specific projects and initiatives in places which illustrate this, and the importance of partnership between statutory agencies and voluntary and community organisations in helping to end homelessness, and I suspect that other noble Lords will, too. Had I been minded to bring forward an amendment—I assure the noble Lord that I will not be doing so, because that would risk frustrating the passage of the Bill—it might have been around a clearer duty on local authorities to work in partnership with voluntary and community organisations. In the best places, that works really well—but that is not universal, and we need again to encourage all to aspire to what is done by the best. It is often the voluntary sector bodies that are providing those services, sometimes referred to as non-commissioned services, which are vital if we are going to achieve our intentions of reducing homelessness and even—it would be wonderful—ending it.
The organisation I referred to which I chair, Housing Justice, is a coalition body for a range of Christian and church-related organisations working in the homelessness and housing sector. Following a symposium at the end of last year which we convened across the road in Millbank, we published a statement in January, on the occasion of Homeless Sunday, which affirmed the commitment of the Christian homelessness sector to work with energy, enthusiasm and everything that we can bring to end homelessness in our country. We believe that the sector has resources to offer, not least in the form of people of good will who bring time, commitment and energy. We know that if the contribution of church-related organisations was taken out of the homelessness sector, we would all notice it. So we reaffirm our offer to be a resource and the offer of our experience, energy and commitment to work with central and local government to seek solutions to homelessness wherever it is found.
Alongside the affirmation of the offer, we also in that statement encourage both central and local government, at the different levels, to produce comprehensive and long-term strategies to end homelessness. It seems to me that the Bill provides a good framework within which that might happen. I encourage those statutory bodies to actively seek out partners in their particular area with which they might develop such strategies in order to give effect to what the Bill seeks to bring about.
I assure the Minister of the commitment of the sector that in a sense I represent, and of the willingness of the Christian homelessness sector to be part of the solution to these issues. I also affirm my continued support for the Bill as it passes through this House, and I very much hope to see it enacted. I therefore welcome it. I once again thank the noble Lord, Lord Best, for his sponsorship of the Bill, and trust that it will have a smooth passage through your Lordships’ House.
Baroness Grender (LD)
My Lords, like my colleagues on these Benches, I wholeheartedly support the Bill and congratulate Bob Blackman and the noble Lord, Lord Best, on their work on it. I congratulate the Government on their support and the DCLG Select Committee, chaired by Clive Betts, on its pre-legislative scrutiny. It is rare in this place that we view something that has been through a proper process of due diligence in the Commons. Today we have been served not the usual dog’s breakfast from the other place but a hale and hearty dinner, lunch and high tea, with a cheeky cocktail thrown in, too. It deserves a fair wind, full support and a speedy process in this place.
The new duty to assist those threatened with homelessness within 56 days and the prevention measures that are included are a historic step forward for those of us who have campaigned in this area for too many years to mention. At a time of so much division, that this issue crosses party divides and has consensus is further evidence that Jo Cox was right when she said that,
“we are far more united and have far more in common than that which divides us”.—[Official Report, Commons, 3/6/15; col. 675.]
The people who will be served by the Bill need our consensus and united purpose now more than ever.
Part of that achievement is the work of Crisis, its independent expert panel and the backing of Centrepoint, DePaul, Homeless Link, Housing Justice and St. Mungo’s. It was on a visit to St. Mungo’s in Shepherd’s Bush that I met a couple in their mid-20s who had been rough sleeping. They were far from the borough they started out in and therefore had little chance of help in a place that did not want to take on the burden of their problem. I am delighted that the Bill, particularly Clause 2 with its duty to provide advisory services, will start to tackle those kinds of issues.
I am sure that most noble Lords would agree that it is crucial to know who is homeless in order to identify how best to help them, which is why I am so concerned about the continuing failure of DCLG to be robust in its analysis of levels of homelessness. Last August the DCLG Select Committee published a report on homelessness and expressed serious concerns about data collection and robust information. It sought reassurances from Marcus Jones, the Minister for Local Government, that data would be robust by the end of the year, as he had received, frankly, a bit of a ticking-off from the UK Statistics Authority a year earlier. He was unable to give that commitment.
At the end of last year I was so concerned about the use of DCLG statistics regarding homelessness that I made a complaint to the Statistics Authority, which published its result this week upholding my complaint, which is available on their website. What transpired from its inquiries as a result of my complaint was that statements were being published, without proper clearance in DCLG, making the claim that homelessness was currently less than half its 2003 peak. Those statements were made without placing them in any context. I praise the Minister for using much more cautious language in this place than any of his colleagues have.
The reason why I believe this is important is that, first and foremost, data should be robust. When Howard Sinclair from St Mungo’s and the DCLG Select Committee ask us to consider the strong recommendation that CHAIN, the multiagency database, should be used across the country rather than the current methodology of a snapshot survey, we should listen.
Secondly, the highly political use of the reference to the 2003 peak suggests a level of complacency on the part of this Government—complacency that is not borne out by their backing of this Bill—about how many people are sleeping rough. Frankly, you would struggle to walk through the streets just outside this building currently and make that argument. The CHAIN database records information about rough sleepers and the wider street population of London. The DCLG’s figures on rough sleeping are based on rough-sleeping counts and estimates carried out on one night in October and November each year. At the time when the estimates were introduced it was progress, but technology and recording have moved on. CHAIN is a continuing record, with different categories of all contact by outreach teams, every day of the year.
In the Select Committee report, the CHAIN projection between April 2015 and March 2016 was that there were 8,096 people seen sleeping rough in London compared with the 940 reported in the DCLG’s equivalent figure. I say to the civil servants behind the Minister and back in the department that I hope my complaint to the UK Statistics Authority will result in greater power for you to put your foot down when the numbers cannot be defended. When Ministers make decisions about funding and support for the Bill to the total of £61 million, I worry about which estimates they are using. I worry that DCLG is underestimating the problem, and I can see no evidence to argue against that. When London Councils argues that the £61 million will not go very far and Lewisham estimates that the additional burdens will cost it £2.4 million, I sincerely hope that we are listening.
Shelter says that the Bill must be implemented but cannot be seen in isolation from the necessary resources to back it up, which includes help for private tenants—tenants who according to the new White Paper the Government will champion. So in tandem with this Bill I ask the Government to look again at local housing allowance rates, as the noble Lord, Lord Best, described, to ensure that they reflect actual housing costs, and use that as a powerful tool to prevent homelessness alongside the Bill.
I am also delighted with the recently announced intention to ban tenants’ fees from lettings agents. I believe that will alleviate an up-front burden for many on the cliff edge of homelessness in the private rented sector. I particularly welcome the commitment by the Government to review the implementation of this legislation and its resourcing two years after commencement of the main clauses.
This is all about the future so I thought I would share with the House a letter written by a schoolgirl from St Patrick’s primary school in Sheffield, asking us to give our wholehearted support to the Bill. She says:
“I am writing to you because of the appauling amount of innocent people living on the dusty streets!”.
So she sees the problem just as we do. Her name is Minar Khan. She expresses a very nice vision of the future, as does the Bill.
I have expressed concerns about the robustness of the data in particular, and I would like to hear the Minister’s response to that. However, I conclude by saying I have no hesitation in expressing our full support for the Bill going through unamended. I congratulate all who have been involved in campaigning for it and I hope that we can get on with it as soon as possible.
Lord Stirrup (CB)
My Lords, this is a very welcome Bill. It gives me great pleasure to support it, and I congratulate my noble friend Lord Best on introducing it so ably to your Lordships’ House.
Some nine years ago I was at a small seminar at Lancaster House, chaired by the then British Foreign Secretary and the American Secretary of State, in preparation for a joint visit that they were about to make to Afghanistan. I was asked on that occasion to introduce and lead a discussion on the aspirations of Afghan civilians. Of course I had to start by saying it was not for me to speak for Afghans; I did not live in their country, I was not of their religion and I came from a very different cultural background. However, I continued, many years of experience in diverse parts of the world had persuaded me that the desire for certain basic needs was common to the great majority around the globe, whatever their location, history or circumstances. First, they wished to be secure in their persons and their property. They wanted assurance that their lives, their well-being and the possessions they had accumulated, no matter how meagre they might be, would not be ripped from them by predators. But second only to this, and pertinent to our debate today, they wanted to be able to provide a roof for their heads, a fire for the hearth and food for the table—a roof for their heads, my Lords.
In that meeting, we were discussing the pressing needs of the people who were part of a society that was in many ways still medieval and was riven by decades of war. It was perhaps unsurprising that home and hearth were such fragile aspirations for them. How much more embarrassing, then, that here in the UK, in the 21st century, we have so many citizens who face a similar plight?
No human society can ever be perfect, and I doubt whether we will ever reach the stage when we have totally eliminated poverty and homelessness, but it is surely our duty to maintain the struggle, to continue to reach for perfection, even if we know it will continue to elude us. The Bill does exactly that. It will not eliminate homelessness, as is apparent from its very title, the Homelessness Reduction Bill. It will advance the struggle, it will make practical changes that will have a real impact on this terrible problem. It will, crucially, put prevention at the forefront of our efforts to tackle the issue—and who can doubt that pre-emption is so much to be preferred over treatment? But where pre-emption fails and people are left homeless, the Bill extends the duty of care beyond the narrowly defined group that is perceived to be hardest hit and brings so many more within the ambit of local authority assistance.
These are important improvements to the current position and seem to me more than ample reason to support the Bill, but I have a narrower, more personal motive for speaking on its behalf. The homeless in our nation are not, as some might imagine, simply people from the fringes of society who contribute little, who are somehow inadequate and whom we should help just out of some sense of condescending charity. They have fallen on hard times for all sorts of reasons and they come from diverse situations and backgrounds. Among them, I regret to say, are veterans of the UK Armed Forces. I am encouraged to see that the number of these ex-military homeless has fallen in recent years, not least because the Ministry of Defence and the service charities have put a great deal of effort into addressing their plight, which in itself goes to show that more effective action can yield results, but they nevertheless exist. They are not, in the main, homeless because of their experiences in the military. A small number suffer from post-traumatic stress disorder, and many more suffer from wider mental health problems, but the factors that have driven them to their current situation are, by and large, the same as those that affect the wider population. In that sense, they are no different from their fellow sufferers.
How ought we as a society to respond to such a situation? How ought we to feel when some of those who have served their country, often in the most difficult and dangerous conditions, are being allowed to languish on our streets without a roof to their heads? Ought we not to say to ourselves, “We cannot allow this to continue—not just common humanity but our own sense of obligation commands us to act”? Of course we should. I therefore welcome the Bill’s specific acknowledgement of this particular group.
I do not mean by this to suggest that the homeless who have no military background are somehow less deserving. They all have their stories, they all suffer, they all deserve our help. My point is that the presence of veterans among their number demonstrates clearly that this is not a problem afflicting others, it is a problem afflicting all of us. It adds yet more weight to the urgency of the challenge and the need to address it with ever more vigour. The Bill is a valuable and very welcome step forward in that regard, and it has my full support.
Baroness Armstrong of Hill Top (Lab)
My Lords, I remind the House of my interests in this matter. I chair an organisation called Changing Lives, which is active in this area of work and based in the north-east of England, although we work way beyond the north-east. I am also involved with Lloyds Bank Foundation. We fund a number of small charities which work with the homeless.
I am delighted to congratulate the noble Lord, Lord Best, Bob Blackman, and those charities, particularly Crisis and St Mungo’s, who have been driving the changes in the Bill. I am also delighted to follow the noble and gallant Lord, Lord Stirrup. When I was responsible for tackling rough sleepers between 1997 and 2001, far too many were ex-service people. It was clear that that was not something that the Armed Forces had been thinking about before discharge, particularly for squaddies who had struggled a bit before they got into the Armed Forces and might find life difficult once they left. We had a particular programme for that. The Ministry of Defence Minister with responsibility for veterans used to come to all our planning meetings on tackling rough sleeping, and the head of the Rough Sleepers Unit, as it then was, went especially to Catterick to work with the Army on how it could use preventive methods before a problem arose. I know that, since then, lots more work has been done. I was always grateful that we could engage actively with the Ministry of Defence to consider those issues.
The Bill is very important. It will put on the statute book measures to help to tackle homelessness. Prevention and advice for all, including the single homeless, is very important; the Bill provides new support to those who are not entitled to assistance under current legislation, particularly the single homeless, which is the area in which I have the most knowledge and experience. Inevitably, services have grown up to tackle single homelessness but, too often, they pick people up when they are already sleeping rough and facing a whole range of problems.
The new prevention duty in the Bill, which extends to 56 days the period for someone being threatened with homelessness, is also very sensible. It will give local authorities time to plan and work with landlords and others to try to ensure that eviction does not take place, as well as introduce measures to deal with the family or individual if it comes to pass. The new duty on other public bodies that encounter those threatened with homelessness or who are homeless to refer them to local authority homeless teams is also important. When I was Minister for social exclusion in 2007-08, we mapped those individuals with multiple needs in one London borough and, unsurprisingly, found that they would turn up at a range of organisations from A&E to mental health services, from addiction services to the police, as well as the homeless services. Most of them were without long-term accommodation, but no service took overall responsibility. It was out of that scoping work that we developed the programme that we called ACE—government is really good at all these acronyms; it stood for adults with chronic exclusion, if I remember rightly—to find more effective ways to work with people in a more holistic way. That work has subsequently been taken up by the Big Lottery, which is funding about 12 programmes around the country called Fulfilling Lives that are about helping local services to address the needs of the most excluded in a more holistic way. The charity which I chair is running one of those programmes.
The Bill will not solve this, but it will at least mean that agencies talk to one another about accommodation needs. Most of us could give horrendous examples of people who are in need but are turned away because they have not turned up at the right service that day. We have to change the way in which services deal with someone who is homeless, addicted or whatever and treat them as a whole person, recognising that they have to bring together the services that they are going to need.
I welcome the Bill and will work for its speedy passage. But—there is bound to be a but—in terms of the scandalous rise in homelessness and rough sleeping in recent years I find it modest. Its provisions will be important, but much more needs to be done in a structural way. Homelessness has not risen because the Bill was not in place: it has done so because of decisions that have been taken, many of which the noble Lord, Lord Best, spoke about. These need to be addressed in order to ensure that homelessness really is a thing of the past. Are Ministers asking themselves about the effect on homelessness of the withdrawal from some local authorities of the fund for supported housing and supporting people who are vulnerable in housing? Three authorities in the north-east have now withdrawn the fund since the Government increased cuts to local authorities and stopped ring-fencing it. Our experience is that many people are now being pushed into the city areas because the services they had been used to in their own local authorities are simply not available any more. This rise in homelessness in the cities is putting real pressure on them.
Are Ministers asking themselves what effect the changes in local housing allowance will have on the availability of rented accommodation to those who are struggling? Not all of them will be seen as vulnerable, but many will be struggling because rent levels are becoming so high and landlords will pull out of offering housing to those who depend on public support. Why are so many housing associations pulling out of supported accommodation and asking the voluntary sector to take over those responsibilities? I am a bit scared by the number of housing associations that are coming to the charity I chair saying: “We are going to pull out of this because we cannot afford to do it. Will you take it on”? The Government tell me that I have to be absolutely sure that the board which I lead appreciates the challenges of funding and does not undertake things if it does not know it will be able to fund them, so I am a bit anxious. We spent some time last Friday looking at this. Our chief executive is always enthusiastic and optimistic, which is great, but we had to say to him that there has to be very good due diligence. If the housing association is saying it cannot afford to do it, will we be able to?
We also know that the market will not step into much of this work. When the funding was earmarked in George Osborne’s last Budget, all the money allocated to voluntary, not-for-profit organisations for bringing empty homes back into use was put for developers to use. Surprise, surprise, the programme virtually stopped. It was suspended by the Homes and Communities Agency in terms of giving grants to not-for-profit organisations, in the hope that developers would take this on. However, this was not their priority or what they wanted to do, so the HCA has now reinserted and ring-fenced some money and reopened that programme. However, this has slowed down my organisation’s work of recovering and bringing back into use empty homes, which our service users help to refurbish and then move into. That affects our business model, but we will try to get into it again. We have been developing this area of housing partly because we know that enabling the single homeless—even those with multiple needs—to go straight into independent tenancies works, if they are properly supported. That is another reason why I am asking the Government to keep an eye on what is happening to the supported housing fund. If that is withdrawn, people who are put into independent tenancies will struggle.
It is also because local authorities are saying to us that they are finding it more and more difficult to meet the cost of hostel provision. They are sort of giving us warning that this area may have to go, in the cuts that they see coming down the road. My own local authority has just announced another £65 million of cuts for this year. They know that more will come next year. With an ageing population in the county of Durham, more and more money has to go to social care. This is not part of that priority, so hostels will begin to be more difficult to fund effectively. That is why we need more independent housing for the most vulnerable, but that is also becoming hugely challenging. I know that the Government have been exploring social investment bonds to deal with some of this, but I urge caution. Experience of these bonds has so far led all the charities that I am talking to to approach them with caution because they are proving exceptionally difficult to develop. Even though the strength of the SIB is that it will be there for six or eight years, it is challenging for charities, particularly smaller ones, to get involved in this.
In this period of local government cuts, the extra money is welcome, but is it going to be enough? I support others who are saying that the two-year review of the Bill will be very important. I hope that in that time the Government will look honestly at what it costs to prevent someone becoming homeless and really keep an eye on it so that it is kept at a level that ensures local authorities can develop. I hope this is not just a move to put all the blame on to local authorities. I am sure that it is not; I am not that cynical. However, we have to demonstrate that that is the case.
The Bill is welcome and, as I say, I enthusiastically support it. However, it will not be sufficient to end homelessness. I have raised some issues. Other Members have raised and will raise others. I hope that the Government recognise that there is very wide support across this House to tackle homelessness and, indeed, to end it. I believe that we can virtually end homelessness. From my period in government, I know what needs to be done about rough sleeping and what you can do to bring the number down to many fewer people than is the case at present. Many people in this House have experience of both historic developments and current activity. If the Government are wise, they will harness that experience—dare I say expertise, or are we still saying that we do not need expertise? I hope not. I hope that the Government will harness the expertise and the experience in this House to tackle homelessness in that more holistic way which is essential if we want to get anywhere near ending it.
The Lord Bishop of Southwark
My Lords, in common with the sentiments already expressed, I strongly support this Bill with its emphasis on the reduction of homelessness. Like others, I am heartened by the cross-party work that has been done, not least by the Government, to bring this important legislation to this point. I congratulate the noble Lord, Lord Best, on his sponsorship of the Bill and, in another place, Mr Bob Blackman, the Member for Harrow East. I trust that we will expedite matters at all stages of the Bill and fully endorse what was said by my friend the right reverend Prelate the Bishop of Rochester.
Under no circumstances is homelessness an easy or positive expression of living. There is also the twin malady in a country where housing provision, especially in the capital, is often at ruinous expense. Homelessness is always born of crisis and once embarked upon rapidly erodes physical and mental well-being. I particularly welcome, therefore, the expansion in the Bill of the rights of single homeless people, to which the previous speaker alluded. Too often people go to their councils for help, are turned away because they are not considered to be in “priority need”, and end up sleeping rough. It is a dreadful scenario to which the appropriate solution must be remedial action: relevant services, including housing provision; and a relational response, which often comes from voluntary and community organisations.
Across my own diocese, a number of projects respond magnificently to the need. In Greenwich, operating out of 10 church venues an ecumenical endeavour runs a night shelter every night of the winter, staffed by 120 volunteers. Meanwhile, 28 churches in the London Boroughs of Lambeth and Southwark, through a project called Robes, have welcomed 70 guests for the night each winter, with the help of over 400 volunteers. I declare my interest as a patron. I myself participate in the annual sponsored sleep-out in the grounds of Southwark Cathedral to raise money for this project. Last year it raised over £100,000, which has funded the project and provided for a full-time support worker. In Wandsworth, churches do similar work with a charity called Glass Door. Again in my diocese, the ecumenical Croydon Churches Floating Shelter was set up in 2004, a partnership of 22 churches offering overnight hospitality to guests, from November to March each year. Your Lordships will be familiar with the inspirational work of Street Pastors, also an ecumenical endeavour, which brings a non-judgmental encounter and help throughout the night to the streets of our cities and plays a significant part in reducing crime.
Only last Sunday on my visit to the Church of St Peter Norbiton, I was able to see for myself the offices of Kingston Churches Action on Homelessness, and in particular the Joel Community, operating in what was until recently the church hall, offering shelter, food and friendship and accommodating over 70 people a year experiencing homelessness. The aim is a fully tailored service for each person. A repeat factor in the story of many of those experiencing homelessness is isolation, which is in itself soul destroying. In response, the Joel Community seeks to provide a focus of welcome and hospitality within a community setting. This, in common with all the examples I have cited, but in a still more focused manner, is a relational approach seeking to bring people through the crisis of homelessness to a better place. It can be life-saving. Thus, this Bill, if implemented effectively, should ensure that more individuals will at last receive meaningful assistance to prevent or relieve homelessness.
One group of individuals whom I hope are already covered by the existing definitions of priority need are military veterans. I support the words of the noble and gallant Lord, Lord Stirrup, on this matter. The Armed Forces covenant, to which the Church of England nationally is a signatory, signals important considerations in this area. Veterans, for whatever reason, still form a disproportionately high element among the single homeless. I pay tribute to Veterans Aid and its work housing such veterans in New Belvedere House, a stone’s throw from my old rectory in the parish of St Dunstan’s, Stepney, in the Diocese of London, where I served in the 1990s, and to Alabare, founded by the Reverend John Proctor, a permanent deacon in the Roman Catholic Diocese of Clifton, which also works among homeless veterans and others.
Changes in legislation will not be enough on their own. Legislation will avail us little if suitable accommodation is not available in areas where there is a chronic shortage of affordable housing. On the structural level, like the noble Lord, Lord Best, I pay tribute to Her Majesty’s Government for making available £61 million of additional money to local authorities for the years 2017-18 and 2019-20 to meet the costs arising from the Bill. However, following on from what the noble Baroness, Lady Grender, said about the London Borough of Lewisham, your Lordships may wish to know that London borough councils alone estimate that their additional burdens under the Bill will be £77 million in the first year. It is important that new demands be properly funded. None the less, I remain of the conviction that our endeavours in this critical area will fail without the necessary relational approach.
I have a further concern as regards regulations due to be laid by the Secretary of State for Work and Pensions which restrict entitlement to the housing costs element of universal credit for some 18 to 21 year-olds. For many young people the financial support provided through the benefit system to cover their rent is all that stands between them and homelessness. I hope we may hear about this during our deliberations. I trust we agree that the Bill be read a second time, and that it may proceed without amendment.
Baroness Manzoor (Con)
My Lords, I support this important Private Member’s Bill. I place on the record a declaration of interest, in that I have a number of properties in the private sector. I start by congratulating my honourable friend Bob Blackman MP for bringing forward this very important legislation. I am delighted to see Bob here today. He has been present from the start of the debate.
I also want to take the opportunity to thank the noble Lord, Lord Best, for continuing to aid the Bill’s passage through your Lordships’ House, and for his excellent speech outlining the steps leading to the Bill and the scrutiny it has already received.
Last but not least, I also congratulate the Government on fully supporting the Bill and on the extra £61 million funding they will make available. I also thank the charities such as Crisis, St Mungo’s, Centrepoint and Shelter, which do such invaluable work to support the homeless and the most disadvantaged in our society. I was also delighted when the Evening Standard’s Young & Homeless Appeal smashed through the £3 million barrier a few weeks ago. That money will enable the creation of Centrepoint’s Young and Homeless Helpline. As an ex-trustee of the NSPCC, I know how important a helpline can be—a lifeline.
Through my work in the NHS and the charitable and legal sectors, I have seen the devastating effects on people and families who become homeless. They are individuals fleeing domestic violence or abuse, those with mental health problems, and people who have difficulty just keeping their heads above water. Food, shelter and warmth are all basic rights of humanity, yet so many people have difficulty in fully accessing these necessities—not in some war-torn country but here in the UK. This is unacceptable, particularly when employment is at a record high and we are the fifth richest country in the world. It is to our huge discredit that there should be even one person sleeping rough, in the bitter cold, exposed and vulnerable to the many dangers on the streets of our country. Of course, homelessness is a very complex issue, and there is no single silver bullet to remove homelessness overnight. However, the fact remains that rough sleeping has doubled since 2010, and more will need to be done to tackle it.
In autumn 2016 there were an estimated 4,134 rough sleepers in England—the highest figure since 2010 and an increase on the previous year—of which 23% were identified in Greater London. Sadly, an increasing number of women are sleeping rough. Interviews with homeless women conducted by Crisis showed that over 20% become homeless to escape violence from someone they know, with the majority—70%—fleeing violence from a partner. Homeless women are also more likely than men to have greater levels of mental illness as a result of physical and sexual abuse. Statistics show that in 2015, 112,330 people made a homeless application, with 54,430 accepted as homeless and in need of assistance. But these figures are likely to be significantly higher, as has already been stated, as many people are in overcrowded accommodation or sofa-surfing. I am therefore pleased that the Government have announced a package of measures costing £40 million to tackle rough sleeping.
It is right that the Bill seeks to change the culture in local authorities and the point at which they provide housing support to vulnerable people. Currently, many local authorities act only when someone is literally on the streets or indeed sleeping rough—when an individual is in crisis. But crisis management cannot be the answer any more. It is failing too many individuals and causes huge distress and despair to those in need. Crisis management can also come at a huge cost to the public purse if individuals or families must be placed in expensive temporary accommodation in an emergency. The ONS report of 30 September 2016 stated that a total of 74,630 households were in temporary accommodation.
The Bill, along with the promised extra government funding, will promote prevention and enable a change in the culture of many local authorities by enabling them to provide proactive support to people who find themselves in difficulties before they are in crisis and become homeless. The aim of the Bill is to ensure that everyone, irrespective of whether they have drug or alcohol addictions or other priority status, will be entitled to receive free information, advice and support 56 days prior to becoming homeless. Local authorities will have a duty to provide a focused personalised plan which will highlight steps to prevent the person becoming homeless. Clause 1 is important.
The Bill will also aid better co-ordination between key public services because there will be a duty on public bodies such as the NHS to ensure that anyone who is identified as homeless is reported to their respective local authority so that it can take the most appropriate action for the individual concerned. I also welcome that the Bill creates a power for the Secretary of State to introduce a statutory code of practice, which will provide further guidance on how local authorities should deliver their homelessness prevention duties, particularly as there are variations in the standards of service given by local authorities. Some are very good while others, sadly, are less so. However, it will be important for the Government to make sure that they put in place proper monitoring arrangements to ensure that this duty is being met. Perhaps the Minister will say how the Government will assess this duty to ensure that it is being met.
Another aspect of the Bill will enable local authorities to check private sector accommodation to ensure that it meets both safety and suitability criteria before it is let to individuals. This will help to remove and sometimes improve the appalling and dreadful conditions and unsuitable accommodation that some people are forced to live in. This is to be hugely welcomed. The Bill is a compassionate response to a growing problem. It is a good start. I of course recognise the priority of ensuring more affordable housing, particularly as rents are high and becoming increasingly out of reach for some of our most disadvantaged people. Indeed, for working people like teachers and nurses who live and work in places such as central London, it is becoming increasingly difficult to rent or afford to buy accommodation without sharing or receiving significant financial help to get on the property ladder. I therefore welcome the Government’s White Paper, which seeks to address these issues. While increasing the stock of affordable housing or inducing lower rents is welcome, it is not the purpose of the Bill, although it adds to the wider government strategy on housing.
As I and other noble Lords have said, the Bill is about moving from a crisis-management response to a focused preventive strategy by local authorities—a significant cultural driver for change. Although there were up-front costs, Wales has already instigated such a strategy, and some figures show that in some 65% of cases in Wales, homelessness has been successfully prevented when at-risk households have been helped by local authorities sooner.
I urge the House to support this Private Member’s Bill as drafted because, should noble Lords put down any amendments, it may fall due to lack of parliamentary time. As Crisis and other charities have stated, the Bill,
“could transform the help available to homeless people, and if passed could represent one of the most important developments for homelessness in nearly 40 years”.
I fully support it.
Lord Bird (CB)
I am pleased to support the Homelessness Reduction Bill. In the 25 years that I have been involved with the Big Issue I have rarely seen the word reduction—or even prevention—used in relation to homelessness. Reduction and prevention are, of course, not the same. Prevention is a science that we have not yet arrived at. The elements that make up homelessness are not yet defined adequately and scientifically enough so that we can begin the process of dismantling it even before it manifests itself.
What is so interesting about Mr Blackman’s Bill and the work of my noble friend Lord Best is that at last we have before us a mechanism for embracing that beautiful word “prevention”. But we have to go even further and start preventing in the schoolroom and in the ghetto, and we have to prevent people being bullied and pushed out because they are gay, black or Gypsies, or because their mum and dad have problems with drink and drugs. I look forward to that process beginning not just in this House but in the other place. We have to fall in love completely with the idea of social transformation. I shall not talk too much because your Lordships are all incredibly eloquent and have all the facts and figures before you.
I am reminded of that wonderful song by Ian Dury, which I will not sing: “There Ain’t Half Been Some Clever”—I will say “Bar stewards” rather than the word he used. Listening to the right reverend Prelates, the noble Baroness, Lady Manzoor, and everyone else, it is clear that we are all able to intervene in the lives of the poor and come up with some very astute observations and methodologies, but prevention is where we need to start.
I started the Big Issue 25 years ago with a man called Gordon Roddick, who, as your Lordships know, started the Body Shop with his wife. The Big Issue was a business response to a social crisis. We wanted to prevent people continuously falling into trouble. We did not look at what the 501—there are now over 2,000—homelessness organisations in London were doing; we said that we were going to stop people falling back into crime again and again, as that just complicated the problems.
What is so beautiful about the Bill is that it will prevent quite a number of people ending up selling the Big Issue. I thank Mr Blackman and my noble friend Lord Best for that because we have too many people doing that. But the real politics will be preventing Johnny, who is now three years old, living a disfranchised life and becoming a Big Issue vendor or a drug user in 20 years’ time. That is the big issue—that is where we have to move on to—and I am glad that we have started the process of dealing with prevention, bringing it forward in this House and out into the world, so that we can make progress on it.
Noble Lords will forgive me for stopping for a drink of water—I was out with a number of homeless people last night and got to bed very late.
I have developed something called PECC, which I have mentioned before. It stands for prevention, emergency, coping and cure. When you look at the vast amount of money that we spend socially on emergency and coping and at the very small amount we spend on prevention or cure, you can see that we live in a topsy-turvy world. Mr Blackman’s Homelessness Reduction Bill is a step in the direction of making “prevention, prevention, prevention” the best course that we can all follow. I am glad that he is following the work of the Big Issue. I am not saying that we are the great leaders—we are still learning—but now we really do need to move the argument on and become vitalised by the wonderful idea of stopping children becoming homeless 20 years after the seeds of discontent and problems enter their lives.
I declare an interest. I was homeless at the age of five because my mum and dad were enemies of the rent man when there was no Crisis, Shelter or SHAC, or all the other 501 or 2,000 organisations that there are now. We have to start defining the causes of homelessness. Some of it is self-perpetuating and some of it is to do with not being able to budget, but a lot of it is to do with the fact that the mechanisms that lead to you receiving a Section 21 notice can drive you into homelessness—an area where you need not be. That is the beauty and magnificence of this Bill. I am so pleased that we are debating it today and I am 150% behind it. God bless you all.
Lord Kirkwood of Kirkhope (LD)
My Lords, it is always a pleasure to follow the noble Lord, Lord Bird. He has the advantage over most of the rest of us in that he can say with authority and conviction that he has done something himself to ameliorate the situation. His experience is valuable to this House.
Lord Kirkwood of Kirkhope
We encourage him to continue with his enthusiasm and flair in addressing this important problem.
I start by paying a special tribute to the sponsor of this Bill. Mr Blackman is a man whom I salute. I do so because I was the modest author of two small Private Members’ Bills and I piloted them through Parliament in anticipation of the Freedom of Information Act a long time ago, so I know how precarious these Bills are. The noble Lord, Lord Best, is absolutely correct to say that this is a signal parliamentary moment. I have never come across a Private Member’s Bill that comes armed with a money resolution and the prospect of money. In my experience, that is unique and it is not achieved easily. So I admire Mr Blackman’s professionalism and application. The noble Lord, Lord Best, gave him an appropriate tribute and I want to add to that, because it is very special for him to have achieved his Bill being debated this morning.
I want to go back to 1977. The noble Lord, Lord Best, was right to say that the last time we really addressed this issue was on a Private Member’s Bill in the hands of Mr Stephen Ross—a man of sacred memory and a valued former Liberal colleague. That was 40 years ago. He did not get the money and, apart from the glory of introducing a Private Member’s Bill, he did not get very much else. It was an important Bill. It did not quite have the advantages of prevention that the noble Lord, Lord Bird, has so eloquently spoken about, and that is a significant difference. There is a real danger that this Bill will suffer the same fate as the one introduced by Stephen Ross—I hope not—but Mr Blackman must not give up with his application.
Prevention is very important. It has a much wider application across public services more generally and it can save money for the public purse. If it works—the next two or three years will be fundamental in establishing that—it should be a model, considered for application in other areas of public policy.
I want to say two things: one about context and one to reinforce what has already been said about the social security environment. To a large extent, the situation that we face has to be estimated using forecasts. I say up front that forecasts can be wrong and that things can change, but you do not have to be an economist to understand that the impact of inflation, lower exchange rates and things of that kind do not make things any easier.
Noble Lords will probably know that the bible for those who follow the arguments surrounding living standards is the Resolution Foundation’s Living Standards report, which comes out annually. It was produced earlier this month. The executive summary looked at the regressive nature of future income growth, which I agree is a real matter of concern. It would be out of order for me to go into living standards at any great length but let me, if I may, share with the House a quote from page 10 of the executive summary that caught my attention. In looking at differential growth across income distributions, the Resolution Foundation said:
“The result is that the parliament from 2015-16 to 2020-21 is on course to be the worst on record for income growth in the bottom half of the working age income distribution”.
It goes on to say that,
“we project the biggest rise in inequality since the 1980s, with inequality after housing costs reaching record highs by 2020-21”.
The context in which we are applying this Bill is not auspicious, and that has to be recognised and taken into account by the Government when they are coming to the costings.
I applaud my noble friend Lady Grender for her valuable work in straightening out the data. I never believed the figures, and the work she has done will bear fruit in the future. We should congratulate her on that.
It is not new, but noble Lords will not be surprised to hear me say that the £12 billion cut in social security that we will experience between now and 2020 will have a massive impact on the cohort of our population that might be subjected to the horrors of homelessness in the future. I want to mention five cuts, which are known to the House. The four-year freeze on most working-age benefit rates will save around £5.2 billion. That will have an impact on homelessness. The new two-child limit will save £1.1 billion. In big families, that will also have an impact on homelessness. Cuts to universal credit of £2.7 billion will have a direct impact on homelessness. The right reverend Prelate the Bishop of Southwark mentioned the impact that universal credit can have, and there is the additional impact of the long waiting times before people can get the housing element of universal credit, which is currently causing such a problem. Cuts in employment and support allowance for the work-related activity group will save £0.4 billion. That will particularly affect those in our community who are disabled or incapacitated. Finally, the reduced household benefit cap will save £0.4 billion. These cuts are significant not just because of the money they will save but because of the impact they will have on the group of people we are discussing this morning.
I am also particularly worried about the tightening benefit cap, council tax increases and the effect of the local housing allowance. The noble Lord, Lord Best, is right: the private rented sector is a significant worry and we need to pay attention to it.
There will be regional variations in the application of this policy. The noble Baroness, Lady Armstrong, was quite right to give us her experience of what is happening in Durham. Homelessness is not just a London problem. I know that the incidence is high in London, particularly around temporary accommodation. However, it affects the rest of the country, particularly low-income areas. In the future, local authorities will struggle to fund any sensible services.
I strongly support what the noble and gallant Lord, Lord Stirrup, said about veterans. They are one of a number of specifically disadvantaged groups, and that includes those with mental illness more generally, which is a problem we are all struggling to face up to sensibly. I have mentioned families with a larger number of children, and some ethnic-minority communities have particular difficulties. Another group is young people in single households, whether they have had military experience or not. These are all particularly vulnerable cohorts of the population to which we should be giving time and special attention.
There are examples of good practice. Coming from where I do, the House might expect me to say, for example, that Scotland abolished the idea of priority housing need in 2012. A lot is going on also in Wales, where prevention ideas are being piloted in the new housing Act. I hope the Minister will accept the need to keep dialogue going across all the jurisdictions to make sure that best practice is shared and we all know what one another is doing. That ensures that there are no unintended consequences and is beneficial and positive.
As has been said, the long-term solution is obviously building better supply. It is astonishingly disappointing to me that we will be spending public money to the tune of £1 billion on discretionary housing payments. That is an enormous sum of money to shore up a system that is failing. The system is failing because there is no supply, particularly in relation to supported accommodation and social rented accommodation at affordable levels.
I have spent most of my public life looking at social security and social policy areas and there is one thing I am sure about. Low-income households are more robust and resilient than we imagine—the noble Lord, Lord Bird, is a good example of this perhaps. They can deal with a £5 cut here or there in innovative ways, but what they cannot do is survive homelessness—the family unit has nothing around which to build security and to develop. We all know that children learn to be poor and insecure by the time they are three—although the noble Lord, Lord Bird, survived until he was five. Addressing the needs of the homeless community is therefore a very serious issue. It is not only in their interests but in the national interest that we pass this Bill and get it on the statute book with all due speed.
The Earl of Listowel (CB)
My Lords, I declare my interests as listed in the register as a property owner and as a vice-chair of the Local Government Association. I thank Mr Blackman for enabling the Bill to come to the House and for seizing the opportunity available to him in the Commons. I also thank my noble friend Lord Best for introducing the Bill and taking it through this place. As a former director of the Joseph Rowntree Foundation and chair of a housing association, he obviously has so much experience in this area. His introduction today reminds me of how valuable this House is because of the depth of expertise of its Members in many areas.
I thank the Government for supporting the Bill today; in particular, for the £60 million in financial support and the review they have undertaken to carry out in the next two years to ensure that local authorities are not out of pocket as a result of the Bill. I was grateful to the noble Baroness, Lady Manzoor, for drawing attention to the fact that the Government are also funding to the tune of £40 million their work on rough sleepers. The noble Baroness gave a very vivid example of why this Bill is so important. One can become callous. One sees people on the streets, day after day and year after year, and can take it for granted. The noble Baroness highlighted the fact that we are the fifth-richest nation in the world, with one of the highest levels of employment, yet we cannot get this right. I found what she said very helpful.
In the referendum last year, I was disappointed by the decision that was taken. But one of the very positive things that came out of it is a growing recognition that large sections and areas of this nation have been left behind and forgotten. I am grateful to the Government for recognising this and for taking these steps to ensure that the forgotten—those who have been left behind—are properly taken into account and for introducing measures to ensure that their needs will be better met in future.
I am particularly grateful for the impact the Bill will have on young, disadvantaged people, who are perhaps managing without a family. Let me give the example of a young person I met in December of last year. The Drive Forward Foundation is a charity which works with care leavers to help them into professions. A number of its ambassadors came to Parliament to meet with me and to discuss their experiences. I was introduced to a young black woman in her early 20s, about five foot tall, who had a disability. She had secured an apprenticeship in a City firm, at great sacrifice to herself because of the complexities of how things work with housing benefit. For many care leavers there is a disincentive to enter work because, as long as one is on benefit, one is fine. However, as soon as one starts getting an income one’s housing benefit drops and one has to perhaps seek a new home—as she did—in order to be in employment. She just managed to meet her rent each week and was eking out a living in order to do this apprenticeship which was important to her.
She had to lie to her landlord because, as we have heard, more and more private landlords do not wish to accept people on housing benefit. She did not tell him that she was on housing benefit but he found out and decided that she must go. I had an e-mail about a week after we had met to say that this young woman was about to become homeless and asking if I could do anything to help. Thankfully, through her own resourcefulness, she found another room.
I was also told that, as she was a care leaver, her local authority owed her certain duties. Her local authority said, “Wait until the bailiffs arrive and then we will come and help”. Her situation highlights the importance of the early intervention that the Bill offers. The last thing this young woman needs is to have to worry about her accommodation. By enabling early intervention to help people through the transition, the Bill will be a great help to disadvantaged young women like her who are ambitious to make a good job of their lives.
I have another request for the Minister. It would also be helpful to young men and women in her position if the Government were to respond to the requests in the Crisis campaign to ensure that, first, there is a proper mortgage guarantee for people entering private landlord accommodation; and, secondly, that help-to-rent supports both the private tenant and the landlord to give them confidence that things will progress well. There should be a mortgage guarantee and support for the tenant and landlord so that it becomes more attractive for private landlords to take on tenants such as this young woman.
Perhaps the Minister will write to me outlining what progress has been made in responding to the Crisis campaign in this area. The noble Lord, Lord Best, has raised this matter in the past and I would be grateful if the Minister would write to me about it.
In closing, I say that I am grateful to Mr Blackman and my noble friend for bringing the Bill to this House and for the Government’s response. Listening today to broadcasts about the recent by-elections, I heard one woman say, when asked about her vote yesterday, “I feel forgotten. I do not think it matters which way I vote”. Another resident of Stoke-on-Trent said, “For 40 years nothing has been done here. I feel that no party has taken any interest in my area”. So I am therefore grateful that the Government are taking steps such as these to reach out to people who may have been left behind in the past. I wish the Bill a speedy journey to the statute book. I certainly will not seek to make any amendments to it.
Baroness Butler-Sloss (CB)
My Lords, like all other noble Lords, I strongly support the Bill. It is wonderful that Bob Blackman MP should have got it through with all the amendments in the Commons. It is hugely to his credit and that of the Government that that happened. We are fortunate that the noble Lord, Lord Best, opened the debate today with an excellent speech. We need to congratulate the Government, as others have done, on supporting the Bill—and not only supporting it but supporting it with finance, which is probably the first time that that has happened in many generations.
I will draw the attention of the House to two vulnerable groups of people about whom nothing has been said so far this morning. They urgently need priority housing. I declare my interests as vice-chairman of the Human Trafficking Foundation and a co-chair of the All-Party Parliamentary Group on Human Trafficking and Modern Slavery. The first group consists of overseas trafficked victims who come to this country and go through the national referral mechanism. They have 45 days-plus of accommodation organised by the Salvation Army. They are looked after during that period. If they do not have conclusive grounds, they are rejected and after two days—after 48 hours—they have to leave the secure accommodation. If they are found by the national referral mechanism to be conclusively victims of trafficking in this county, they have to leave after two weeks and absolutely nothing is done for them unless one or other of the charities comes in to help them.
They are to be contrasted with asylum seekers, who have a number of rights. Many of them are pushed into the asylum process, which does not offer the sort of help that they need and which they begin to get by going through the national referral mechanism. They have no status and no rights, and many of them go on the streets. That is why I am referring to them today.
On the streets they may well be re-trafficked, with the women, and some men, going into prostitution in order to survive. This is a scandal as a national referral mechanism set up by government has identified them as victims of trafficking and identified that they have been slaves. Then they go missing. Speaking as a former lawyer, I say that this is a side-effect of some importance, because it is more difficult for the Crown Prosecution Service and the police to prosecute successfully to conviction because the victims do not have accommodation and the police cannot find them. That is the first group.
The second group consists of the British victims of slavery and trafficking. I do not know how many noble Lords know—I only learned recently—that soup kitchens are good places for traffickers to target those whom they wish to make slaves. In Westminster there is a soup kitchen which, as the Shadow City report of 2013 pointed out, has traffickers targeting it two or three times every night.
In 2008, the Swedish police sent seven dossiers on British people who were slaves in different parts of Sweden. This was particularly taken up in the Connors case. The Connors were a number of English Gypsies in Bedfordshire who I am glad to say are now serving long sentences of imprisonment. They picked up a number of English men at soup kitchens and took them to the north of Sweden. We are a source country, not just a country of destination or transit, for some reason particularly for workers on construction sites in Sweden. It was only because one of a group of Swedish slaves in northern Sweden managed to get to Stockholm and report this to the Swedish police that the police travelled 500 miles north, banged on the door of the caravan where a number of these men were locked in, got the door open and said to them, “Do you realise that you are slaves?”—because they did not. The reason I know about this incident is that I had been working with Frank Field MP and the then MP Sir John Randall on an inquiry for the then Home Secretary, Theresa May, and one of the victims from Sweden came and gave evidence to us. It is interesting to note that we are also a source country. We have homeless English people on the streets who are being targeted and find themselves becoming victims both in this country and abroad.
Hugely to his credit, the very active Independent Anti-Slavery Commissioner, Kevin Hyland, commissioned a report from an NGO, The Passage, which reported in January this year. It made a large number of important recommendations, one of which was about awareness. A great many social workers have absolutely no idea that the people they see on the streets can be the victims of trafficking and slavery. But the consensus of the report was how enormously important it is to provide support of all sorts, including housing of course, for the victims of trafficking who are found on our streets. So there is a clear need for priority housing and free advice for these two groups of very vulnerable people.
An example of what can go wrong is mothers with children who are moving from one form of temporary accommodation to another or are indeed homeless. I learned about one mother who had had to move house and so had two children in school in one London borough and one child in school in another borough. That is not a helpful situation for someone who is a trafficked victim from overseas.
The Bill should, could and, I hope, will do something about these two groups. I am acutely aware that the noble Lord, Lord Best, does not want any amendments, much though I would like to put down an amendment to deal specifically with the victims of trafficking and modern slavery. But perhaps I may refer to Clause 2(2), which states:
“The service must be designed to meet the needs of persons in the authority’s district including, in particular, the needs of … any other group that the authority identify as being at particular risk of homelessness in the authority’s district”.
I hope and expect that the two groups about which I have spoken will be seen as coming under that provision.
It is interesting to note that in November last year, before the Bill came to this House, Bristol City Council recognised that there was a local authority responsibility to provide welfare support for the victims of trafficking and modern slavery in order to avoid breaching Articles 3 and 4 of the European Convention on Human Rights as well as, I am glad to say, the Council of Europe Convention on Action against Trafficking in Human Beings and the EU directive on human trafficking. I hope that the relevant national and local authorities will listen and that the Bill will help those two groups.
Lord Shipley (LD)
My Lords, it is always a pleasure to follow the noble and learned Baroness, Lady Butler-Sloss, and to pay tribute to her work to stop human trafficking. I am the 12th speaker in the debate and I am pleased to note that the first 11 have all been strongly supportive of the Bill. I should remind the House that I am a vice-president of the Local Government Association. The debate has demonstrated the wide expertise and experience in this House, which has been brought to the fore in the detail on the clauses of the Bill. It is a vitally important Bill and I too pay tribute to Bob Blackman MP, the noble Lord, Lord Best, and the Government for their support, to the charities and the voluntary sector, and all those who have undertaken such an enormous amount of work to make this Bill what it is. It has benefited from a lot of scrutiny before it reached your Lordships’ House. That has come through in terms of the clarity with which the policy changes are proposed. The Bill rightly identifies the importance of extending more help to homeless single people, and seeks to do something practical about the problems caused by Section 21 notices.
We have heard a great deal about the large number of voluntary organisations that assist to ameliorate homelessness and I was particularly pleased to hear the comments of the right reverend Prelate the Bishop of Southwark, who mentioned Street Pastors. In the early hours of a Saturday morning a few weeks ago I accompanied the Street Pastors in Newcastle upon Tyne in order to meet those who were sleeping rough. Two things struck me. The first was that the rate of rough sleeping in the city was clearly rising, and the second was that a number of those who were sleeping rough had recently been discharged from prison. We heard earlier about those who have left the Armed Forces, and it should not be the case that people are discharged from an institution and have nowhere to go.
We have seen the impact of this problem both in the numbers of those sleeping rough and in the Government’s own homelessness figures, which show that in December there were nearly 75,000 households in temporary accommodation, including 125,000 children who were homeless at Christmas. Three-quarters of the households in temporary accommodation are in London, but it is a general problem nevertheless. I am particularly pleased that the Government have recognised this, and I pay tribute to the work that Ministers have been doing. It is hugely helpful to have a sense of common purpose on an issue as important as this.
Much has been said in the course of the debate about why homelessness is rising. My noble friend Lord Kirkwood of Kirkhope and most other speakers identified the consequences of the reform of welfare, some of which were forecast, I have to say. It is clear that the welfare reforms have had an impact. We have not been building enough homes for social rent in this country. I think that the housing White Paper may help in that regard and I am pleased that the Government seem to have altered course. It is pretty evident to me and to most noble Lords that it is vital to build more homes which people can rent at a social rent, because otherwise it is very difficult to see how homelessness will be reduced.
Falling security for private tenants has been a factor as well. I was particularly concerned to hear during the debate that this may get more difficult unless the supply of homes increases. Of course, we have had the impact on supported housing. We heard from a number of speakers that it has made it more difficult for a number of voluntary organisations and housing associations to manage supported housing. This is a question that successive Governments have not faced up to: a recent report by the Chartered Institute of Housing pointed out that the Government are investing some £45 billion in housing up to 2020-21, but only £2 billion, or 4% of that, is for housing below market rent. There is a very big strategic issue here for the Government to address: subsidy is going into owner-occupation, which is understandable in many ways, but I believe that the Government have got the balance wrong. We need to give extra support to social rented housing.
Quite a lot has been said about the costs of homelessness. The issue for local government around the initial costs of prevention is clear and evident and will become more evident over the two years of monitoring. Can local authorities manage to fulfil the terms of the Bill? I very much hope that they do and they all need to try. Evidence from Wales shows that the Housing (Wales) Act 2014 has led to a 69% reduction in the number of households owed the main homeless duty. If figures of that scale can be produced it indicates that if the public sector invests properly we will save money later. I commend what has happened in Wales and I hope that, with the huge financial burden which is about to occur in London, for example, which has some three-quarters of homelessness, the investment will enable savings to be generated further down the line.
Very close monitoring is important. Crisis’s research is impressive and indicates that public spending could fall by around £370 million in England if 40,000 people were prevented from homelessness for one year. These are very large sums of public spending. I mentioned the importance of close monitoring of what happens over the next two years. A number of noble Lords talked about this. The noble Baroness, Lady Grender, reminded us, in her closely argued case on statistics, that we have to understand the numbers. They have to be right or it is very difficult to draw conclusions. I pay tribute to her work on letting agents’ fees: that is equally helpful in assisting those, particularly in the private sector, having to move very frequently who have been confronted by regular payment of letting agents’ fees.
The contributions of the right reverend Prelate the Bishop of Rochester and the noble Baroness, Lady Armstrong of Hill Top, stressed the importance of all councils engaging with the voluntary sector and brought together the issue of local working. It is vital that all public agencies work strongly together to deliver the solution that we all want. I have two or three very brief final comments. I was very struck when reading the Bill by the amount of written correspondence that there is going to be as local authorities are required to do more for individuals. That is essential. One consequence of that will be an increasing role for advocacy, and the voluntary sector may have a key role in helping. There will be a need for advocacy support in terms of personal planning, reading and writing letters for those who are disadvantaged. I very much hope that part of the monitoring will relate to how individuals are helped, because official procedures can be daunting.
The issue of co-ordination between the DWP and DCLG was mentioned several times. It is difficult when different Whitehall departments have different objectives. The noble Lord, Lord Best, reminded us that cuts to housing support can prevent the help that individuals need. I entirely support his call for the freeze on the local housing allowance to cease. I wish the Bill speedy progress through this House. It is not a solution on its own but it is part of the solution. I finish with the words of the noble Lord, Lord Bird, who said, “At last, there is a mechanism for embracing prevention”. I think those are probably the most important words we have heard in the last two hours, because the mechanism contained in the Bill will enable many other things to happen.
Lord Kennedy of Southwark (Lab)
My Lords, I preface my remarks by referring noble Lords to my interests in the register: I declare that I am an elected councillor in the London Borough of Lewisham and a vice-president of the Local Government Association. We support the Bill and wish it safe passage through your Lordships’ House. The Opposition Front Bench will not be tabling any amendments and I urge all other noble Lords not to do so.
I very much agree with the opening remarks of the noble Baroness, Lady Grender, and I associate myself with them. She made important remarks about the data used by DCLG, which I fully endorse. I will look more closely at figures we get from the department on different areas in the future. I pay particular tribute to Crisis, which is the national charity for single homeless people and has supported and championed this legislation. It has worked hard to get the Bill to this point and is to be congratulated that in its 50th year of campaigning for single homeless people it is on the verge of bringing about a major positive change in the law. It is a campaigning organisation that works all year round as well as providing services to homeless people at Christmas. I also pay tribute to Bob Blackman MP for steering the Bill so ably through the House of Commons.
The right reverend Prelate the Bishop of Southwark highlighted the fantastic work undertaken across the diocese of Southwark by volunteers and voluntary organisations who work to combat the nightmare of homelessness, the physical and mental harm and the constant presence of danger and risk of violence that living on the street brings. The Bill before us today, so ably introduced by the noble Lord, Lord Best, seeks to refocus the efforts of local authorities on the prevention of homelessness. It carries new duties for local authorities to intervene at earlier stages to prevent homelessness and to take steps to secure accommodation for those who are homeless. I very much agree with the comments of the noble Lord, Lord Bird, who spoke about the emphasis on prevention and the dramatic effect that can have.
Homelessness is something that no civilised society should have to put up with. It is very likely that noble Lords passed homeless people as they travelled to this noble House. They are outside every railway station in the vicinity: Charing Cross, Waterloo and Victoria. They are sleeping in Westminster tube station, near the entrance to the Palace. The noble Baroness, Lady Grender, also referred to this. There are people sitting in doorways facing another cold night on the streets, and this has not been the coldest winter we have experienced in recent years. The situation is truly appalling. It is a national disgrace and a personal tragedy for the people who are homeless that we have arrived at this situation.
The situation has got worse since 2010 and the blame for that lies squarely at the Government’s door. According to the Office for National Statistics, local authorities accepted that 14,930 households had been statutorily homeless between 1 July and 3 September 2016. The ONS also reported that the total number of households in temporary accommodation as of 30 September 2016 was 74,630, a 55% increase from the figure of 48,010 on 31 December 2010—a record the Government should be truly ashamed of.
My noble friend Lady Armstrong of Hill Top referred to the welcome measures in the Bill. The new duties in the Bill that will become the responsibility of local authorities include: an extended period in which an applicant is to be treated as homeless, increasing from 28 to 56 days; strengthened advice and information obligations on housing authorities to prevent homelessness; and a new duty to assess and agree a personalised plan, which will require a local authority to carry out an assessment of the applicant’s case. The prevention duty will require local authorities to ensure that suitable accommodation does not cease to be available to applicants who are threatened with homelessness. Further, the relief duty requires local authorities to help secure accommodation for all applicants who the authority is satisfied are homeless and eligible for assistance.
The noble and gallant Lord, Lord Stirrup, made a powerful plea to help veterans who have found themselves homeless after service to their country in some of the most difficult and challenging circumstances imaginable. The specific provisions in the Bill are most welcome in that respect. The noble Earl, Lord Listowel, made telling points about the plight of care leavers and I agree wholeheartedly with his comments. The noble and learned Baroness, Lady Butler-Sloss, told the House about the particular plight of people who have been trafficked and have no rights or status and often find themselves on the streets, as well as the risk of British people being taken into slavery after being targeted at soup kitchens. I was not aware that we had become a source of slaves for other countries. That is a truly shocking revelation.
There are problems with the Bill and, of course, they start with the funding. Originally, the funding announced was £48 million, which was allocated on the basis of £38 million in the next financial year and the remainder the following year, and from then on nothing at all—not a penny provided to local authorities. As a result of amendments passed in the Commons, a further £13 million has been allocated to cover the additional new duties. It is important to note that the new money goes with new responsibilities. There has been no increase in the original sum of money to fund the items in the Bill before it was amended. This sum of money is just not enough to fund the new duties that will be placed on local authorities. Local authorities need to be fully funded to provide what will be required of them. London Councils, which the right reverend Prelate the Bishop of Southwark referred to, estimates that in the next financial year £77 million will be spent by local authorities in delivering this new duty in London alone. That is £16 million more in one year than the entire funding so far provided by the Government for England and Wales for two years. We risk a serious funding crisis.
I am aware of the commitments given in the other place by Marcus Jones MP that the legislation will be reviewed within two years. I welcome that and ask the Minister to repeat that assurance in the House today. But I go further and ask the Minister to tell us when the review will happen within the two years. What happens if after only a few months it becomes clear that the Government’s own figures—their allocation of resources—are woefully inadequate? What urgency are the Government going to place on this review to establish what the real costs are and what funding is really needed? These are serious matters, dealing with vulnerable people. Let us be clear: in itself, legislation will not significantly reduce homelessness if it is not properly funded. Without that being addressed, we run the risk of unlawful decisions; repeat homelessness, with damaging consequences for children and families; and a lack of meaningful outcomes for single people at the end of the process. That is good for no one.
The Bill and its possible effects must also be considered in a much broader picture. The fact is that budget reductions in a whole range of areas have an effect here and you cannot change the law in just one area and hope to solve the problem. Let us take local housing allowance as an example. If the freeze in local housing allowance continues until 2020, councils will struggle to pay rents for the cheapest properties in 80% of local authority areas. The noble Lord, Lord Best, set out the problems here and called for the Government to take action; otherwise, the problem will get worse. The right reverend Prelate the Bishop of Rochester made important remarks concerning the housing supply and housing costs. I agree with him that this well-intentioned Bill must not be allowed to fail due to policy differences in other parts of government. A much wider effort is needed to tackle homelessness across a range of services, properly joined up to deliver the changes we all want to see. To date, we are not seeing that from the Government and that is what they need to focus on to tackle the horror of homelessness.
Looking at the Housing and Planning Act 2016—a truly awful piece of legislation from the Government—the forced sale of high-value council homes is only going to make trying to deal with homelessness more difficult. I support people wanting to own their own home but the ham-fisted measures in that Act are at odds with the aims of this Bill. Those include: the obsession with starter homes; the lack of support for local authorities to build more council homes; and the other obsession, the unaffordable “affordable rent model”, when we should be delivering more social housing. That is the key to a lot of our problems but the Government just do not want to go there. We need an increased supply of housing, especially social housing, with a long-term objective of reducing housing benefit expenditure. But the freezing of local housing allowance by the DWP risks undermining a policy and a measure put forward by the DCLG. The noble Lord, Lord Kirkwood of Kirkhope, made telling points about the growth of income inequality. He also referred to cuts to various benefits and the effect they have on homelessness. I agree wholeheartedly with his comments. This is not an example of good government or joined-up thinking. It is an example of a Government using money to alleviate the homelessness they have created.
Homelessness should be eradicated in one of the richest countries on the planet. It can be done and it should be done, but it will not be achieved by the passing of this Bill alone. It is a well-intentioned piece of legislation, which can make a real, positive contribution to ending homelessness, but it will be truly effective only as part of a much wider approach to tackling the problem that cuts across government and is seen as a priority for the Government to deliver on. I hope the Government are going to do that and for that to happen there will need to be a raft of other changes across numerous government departments. I wish the Bill well. It is an important first step. As I said at the start of my remarks, I want the Bill to become law. To assist in that, the Opposition Front Bench will not table any amendments and I urge all noble Lords to do the same. In conclusion, I thank the noble Lord, Lord Best, for his sponsorship of the Bill and look forward to it becoming law in the next few weeks.
The Parliamentary Under-Secretary of State, Department for Communities and Local Government and Wales Office (Lord Bourne of Aberystwyth) (Con)
My Lords, I thank all those who have taken part in this Second Reading. I give a strong thank you to my honourable friend Bob Blackman, who has done sterling work in the other place; as we heard from the noble Lord, Lord Kirkwood, his has been an extraordinary success, not just in steering the Bill through the Commons but in achieving what he has in financial terms. Notwithstanding what the noble Lord, Lord Kennedy, suggested about the Bill coming without money, it has come with a significant amount of it. I congratulate my honourable friend on what he has achieved and thank him for being here today—it is good to see him.
I also thank the noble Lord, Lord Best, for giving a masterful exposition of the position in opening the debate on the Bill. He gave the unanswerable case for it, which I think all noble Lords have accepted without exception. I thank noble Lords for stating that they do not want to see any amendments coming forward, particularly the noble Lord, Lord Kennedy, who is opposite. I am very grateful as this is the way to ensure that this becomes law, which is what we all want.
This debate has shown the House of Lords at its best and made an unanswerable case for it, with all corners of the House and all political parties coming together for the common good. The noble Baroness, Lady Grender, made the point very movingly about the things that unite us, so in addition to the political parties we have had the right reverend Prelates the Bishop of Southwark and the Bishop of Rochester, and then, speaking on behalf of the armed services and others, the noble and gallant Lord, Lord Stirrup. There was then a powerful speech from somebody who really understands this area because he has lived it in a way that the rest of us have not: the noble Lord, Lord Bird, who has vast experience and wisdom on this area from the Big Issue and many other aspects.
From the legal perspective, we heard from the noble and learned Baroness, Lady Butler-Sloss, and from a ministerial perspective, the noble Baroness, Lady Armstrong, spoke of when she was in charge of exclusion policy. The noble Baroness, Lady Grender, of course led Shelter and my noble friend Lady Manzoor has vast experience in law and health. The noble Lord, Lord Kirkwood, spoke of his experience in the other place and of private Members’ legislation. The noble Earl, Lord Listowel, has, I know, vast experience and wisdom in this area. I am very grateful for the support that my Front-Bench colleagues, the noble Lords, Lord Shipley and Lord Kennedy, bring to the task of ensuring that the Bill gets on to the statute book.
The noble Lord, Lord Best, opened with a helpful overview of the Bill and why it is needed. As I say, I thank him for sponsoring such important and much-needed legislation, which is clearly supported by all parts of this House. I am proud that the Government have given their full support to the Bill. I say this tentatively now in view of what the noble Baroness, Lady Grender, said, but I believe that the number of statutory homeless acceptances is down from its peak in 2003. I will write to her, if I may, in relation to the data issue, copy that to all noble Lords who participated in the debate and put a copy in the Library. I could not agree more that we can operate as an evidenced-based Government only on the basis of reliable data. That is certainly what we want to do.
Mention has also been made of the role of other groups. Faith groups were mentioned, quite rightly, by the right reverend Prelate the Bishop of Rochester, who I know has taken a lead on this in the Church and done much in relation to homelessness shelters. On a recent visit to Peterborough, I was pleased to meet some of those providing support as part of the network he referred to. The right reverend Prelate the Bishop of Southwark also spoke, for example, of his experience of what is happening in Wandsworth and Croydon. I thank them because, whatever happens today, there is always a role for faith and voluntary organisations to come together. They are trusted, familial and responsive. They are a vital part of the fabric and mosaic in this area.
This important legislation will reform the support offered to everyone at risk of homelessness. People need a roof over their heads, a phrase which I think was used by the noble and gallant Lord, Lord Stirrup, about this basic human need. Local housing authorities will have a duty to provide support to all those affected, not just those covered under existing legislation. Services will focus on intervening earlier and working with people before they reach a crisis point. People facing a homelessness crisis will get quicker help to resolve it.
I particularly draw your Lordships’ attention to Clause 2, which was referred to elliptically and once or twice directly during the debate. This clause and its new section extend the duty on local housing authorities to provide or secure the provision of free advisory services. Services must be designed to meet the needs of particular groups including: in new subsection (2)(b), care leavers, who were mentioned by the noble Earl, Lord Listowel, and, in new subsection (2)(a), ex-offenders—I believe it was the noble Lord, Lord Shipley, who referred to people coming out of prison and youth detention. Victims of domestic abuse, mentioned by my noble friend Lady Manzoor, are referred to in new subsection (2)(d), as are those leaving the Armed Forces, who were mentioned by the noble and gallant Lord, Lord Stirrup, and others, in new subsection (2)(c).
On the point made by the noble and learned Baroness, Lady Butler-Sloss, I got the answer ready as she was going through her speech; she then presented the answer in reference to new subsection (2)(g). I agree that that subsection at the end of the new section should encompass the cases of overseas trafficked victims and victims of modern slavery. I would like to pick up that point in a letter, if I may. I will have a general letter to noble Lords who participated in the debate to pick up the various points made and any that I might miss—although I hope I do not.
The noble Lord, Lord Best, spoke of the new duty to prevent homelessness, which requires local housing authorities to help eligible applicants who are likely to become homeless within 56 days. This doubles the prevention period set out in existing legislation and, for those who are already homeless, the relief duty means that local housing authorities will work with them for up to 56 days helping them to relieve their homelessness, regardless of whether they are in priority need. These are essential sections—or clauses—of the Bill and demonstrate the potential that it holds to change the lives of some of the most vulnerable people in our society.
As the noble Lord, Lord Best, said, and he was echoed by others, the collaborative spirit in which the Bill has been taken forward is unique. I would like to share some detail on the positive outcomes that have been achieved through that approach. When the draft Bill was first published, the DCLG Select Committee and local authorities highlighted some areas of concern about the cost and burden on local housing authorities. Many of them were addressed in the Bill when it was introduced—for instance, removing the requirement to provide 56 days’ emergency accommodation for anyone who needs it, which was thought to be unworkable. The Government remain committed to helping those sleeping rough through our £50 million homelessness prevention programme and, in particular, the £20 million rough sleeping prevention fund, which was referred to by many noble Lords during the course of the debate.
This approach allowed the Government to support the Bill from an early stage and, critically, it ensured that local authorities are now supportive of the Bill. The collaboration has continued throughout the Bill’s passage in the other place with close engagement between my honourable friend Bob Blackman, the Government and other key stakeholders. Crisis was quite rightly praised for its role in relation to this legislation.
Mentioning Crisis leads me to say in relation to point made by the noble Earl, Lord Listowel, about Crisis, financial support and security that I will write him into the write-round letter so that that point is covered.
The importance of voluntary organisations, as well as faith bodies and the third sector, in support was mentioned. I shall not go through the list, other than mentioning Crisis, because it has played a special part in this legislation, but there are manifold examples up and down the country of local support from voluntary organisations, as well as the bigger names, if I can call them that, which do sterling work across the sector. I know we are all very grateful for what they help us to achieve and for tackling the scourge which this legislation will help with.
Groups representing landlords and local government were concerned about Clause 1. It tackles the bad practice whereby some local housing authorities—certainly not all of them—advise tenants facing eviction to remain in properties until the bailiffs arrive, which is clearly bad advice. Landlords were concerned that flexibility included in the original drafting could be misused by some local housing authorities to delay their obligations to help tenants. They and the LGA were concerned that the clause was too complex and could be misinterpreted.
The Government and Bob Blackman worked with landlord groups, the LGA and homeless charities to simplify the clause, while retaining the core principle that any applicant with a valid Section 21 notice that expires in 56 days or fewer is to be treated as threatened with homelessness. This should ensure that valuable opportunities to prevent homelessness are not lost and that households are more likely to get the help they need at the right time. We have also committed to working closely with stakeholders on the guidance around this clause and, indeed, all clauses in the Bill. Alongside this we will work with stakeholders to improve our understanding of the scale and nature of the issue and use that evidence to consider whether further action should be taken.
Clause 7 contains provisions to incentivise applicants to co-operate with their local housing authority and allows the prevention and relief duties to be ended where an applicant deliberately and unreasonably refuses to co-operate with steps in their personal plan. Following discussions, this clause was amended to remove wording that presented a wider formulation of the circumstances in which a notice could be given. This ensures that the bar is set suitably high and does not disadvantage vulnerable applicants who may find it difficult to engage with services in the usual ways.
To ensure the Bill contains the right incentives, Clause 7 was also amended to ensure that where an applicant refuses a suitable offer of accommodation at the relief stage, the relief duty will end and the applicant will not progress to the main homelessness duty. However, alongside this change further amendments were made to safeguard the protections for those with a priority need, including requirements and checks for the accommodation offer and a right to review the suitability of the offer. Where an applicant requests a review of the suitability of the accommodation they have been offered, in circumstances where the main duty does not subsequently apply, the duty to provide interim accommodation will continue until the applicant has been informed of the review outcome. As noble Lords will appreciate, this has been quite a complex issue to work through, but through active and constructive engagement Clause 7 now provides the right balance between incentives and safeguards.
Finally on changes to the Bill, during the Committee in the other place’s consideration of its detail, Members raised concerns about Clause 12, which extends the requirement to carry out additional checks to ensure that property secured with a private landlord under the new prevention and relief duties is in reasonable physical condition, safe and well-managed. As drafted, this protection was not extended to certain categories of those in priority need, including families with dependent children or pregnant women. In response, the Government amended the clause to cover all those with a priority need.
Turning to matters raised today, noble Lords asked valid questions about funding for local housing authorities. Let me repeat the commitment made by the Minister for Local Government, Marcus Jones, in the other place: the Government will provide funding of £61 million to local government to meet the new burdens costs associated with the Bill in this spending review period. We will also work closely with the LGA to develop a fair distribution model for the funding, reflecting the different need in different areas and the additional pressures and costs faced by councils in areas such as London. The final new burdens assessment will be published once this distribution formula is agreed and the Bill has completed its passage through both Houses.
The Minister for Local Government, my honourable friend Marcus Jones, also committed the Government to reviewing the implementation of the Bill, including its resourcing and how it is working in practice, concluding no later than two years after commencement of the substantive clauses of the Bill. I gladly repeat that commitment. In relation to Private Members’ Bills, I think these provisions are unique. Bob Blackman has done extremely well in negotiating them and they take us forward in an agreed away. I hope this provides assurance to noble Lords who have spoken today about the costs of the Bill and its implementation.
Noble Lords, particularly the noble Lord, Lord Bird, also talked about the underlying causes of homelessness and the importance of preventing it at a very early stage. That indicates how this is very much a cross-government issue. It is not confined to DCLG, as noble Lords reflected in contributions. It is far more wide-ranging than that. The Bill will certainly make a considerable difference, but nobody, including those participating today, believes that this is a silver bullet that will completely crack the issue of homelessness in our society, which is something all of us in such a wealthy country share responsibility for.
The Bill will reform the support offered to people facing the threat of homelessness or already at crisis point. The Government are also responding through the housing White Paper published by the Department for Communities and Local Government on 7 February. Key matters are out for consultation until 2 May, as noble Lords will be aware. The importance of the White Paper was mentioned by many noble Lords, including the noble Lord, Lord Best, in opening. In it, the Government acknowledge that the pace of housebuilding has been too slow for decades—this is not a problem that suddenly happened but one for which we all share responsibility—creating a housing market that is failing too many. When I say housing market, this is not just about purchase of houses, as the housing White Paper makes absolutely clear. There is a range of measures, as the noble Lord, Lord Best, correctly said: self-build, custom build, an emphasis on rental which did not exist previously, the need for council house building and so on. There are many weapons in the armoury to tackle the scourge of homelessness and we should not shun any one of them. As I say, I encourage noble Lords and others, through this debate, to participate in the open consultation.
As I say, the White Paper includes a number of measures that address homelessness. We are working with the British Property Federation and National Housing Federation to ensure that family-friendly tenancies of three years or more are made available, which is important. We will consult ahead of bringing forward legislation to ban letting-agent fees to tenants, which will reduce up-front costs. I pay tribute to the pioneering work done by the noble Baroness, Lady Grender, which exemplifies the importance of looking at what is happening in the rest of our country and learning from the devolved Administrations. Reference has already been made to Wales, and to Scotland in the case of letting fees. Within the department I have set up a forum which looks at devolved issues and in which representatives of all four parts of the country discuss issues. I will try to ensure that this is on the next agenda, although it is for Northern Ireland to put it together, as we have already had one meeting here in London. It is important to learn from devolved areas and to share our experiences as well, of course.
In implementing the Bill, the Government will also take the opportunity to learn from our existing programmes, particularly as we review and update the Homelessness Code of Guidance for Local Authorities, working with local housing authorities and others with the appropriate interest and expertise. The Government are committed to building up evidence and good practice through our £50 million homelessness prevention programme, which I have already mentioned. We are supporting 84 projects across all regions of England, to ensure that more people have tailored support to avoid becoming homeless in the first place and receive the rapid support they need to make a sustainable recovery from homelessness.
I referred to the need for all Governments to work across departments. Reference has been made to the Ministry of Defence and its success with the military covenant, which has certainly helped here. Noble Lords also raised concerns about the impact of the Government’s DWP-led welfare reforms. I will perhaps cover some of the detail of that by writing round, but will take up some of the points made by the noble Baroness, Lady Armstrong, about the local housing allowance policy and supported housing. We are of course ensuring that supported housing is not affected until I think April 2019 and then looking at a new funding model. I am very happy to offer to engage with the noble Baroness on this—I know we have previously had meetings on housing. I will try to pick up some of the points about social investment bonds and so on in the write-round letter. It is a point well made, and I am not disputing the importance of ensuring that if one government department does something, we are all marching in the same direction. That is entirely fair.
There are many reasons for homelessness, as I said earlier, and housing itself is only part of the solution. That is why I am pleased the Government are giving their full support to the Bill, because it is part of the solution. This important legislation rightly puts the focus on prevention and on working with people before they face a crisis. I apologise for mentioning the very old cliché that prevention is always better than cure, but it is a point that has been widely shared across the Chamber.
I think the noble Lord opposite is keen to get in, and I will finish by repeating my thanks to the noble Lord, Lord Best, for sponsoring this legislation so effectively and thanking the many organisations that have contributed to its scrutiny and improvement. I also thank my honourable friend Bob Blackman in the other place for seizing this opportunity with his Private Member’s Bill, and for doing such unique and pioneering work on an issue on which I think the whole country is in agreement. I certainly believe the House of Lords is. On behalf of the Government, I give their support to the Bill and discourage any noble Lord from putting down amendments.
Lord Kennedy of Southwark
I thank the Minister. I did not want to intervene but on his second point, I want to be absolutely clear that I did not say the Bill comes with no money. I said it does not come with enough money. I based that on the figures from London Councils and contrasted those with the Government’s funding today. I refer the Minister to the Hansard report of today’s debate.
Lord Bourne of Aberystwyth
My Lords, I thank the noble Lord for that. The point I was seeking to make, although perhaps I did not make it as elegantly as I might have done, is that this situation is unique in terms of private Member’s legislation coming with any government money at all. I know the noble Lord welcomes that; equally, I understand that, speaking as he did as the 13th speaker, his welcome for it was perhaps always going to be muted. I accept his cry, which I suppose is usual from all opposition parties, of, “Let’s have some more money”.
Lord Best
My Lords, I think I get two minutes to say a few closing words. I thank my colleagues all around the House for 14 enthusiastic and supportive speeches that are deeply appreciated, especially with the harsh discipline of no one being able to put down any amendments, for which I am deeply grateful as we must get this legislation through. I am especially grateful to the Front Benches.
Special thanks go to the Minister for his summing up, which has covered all the ground we have covered and has therefore saved me doing that. Having been a Minister for one day, so to speak, in handling this Private Member’s Bill, I have to say that Ministers have to work incredibly hard. Yesterday the Minister was being very helpful to me with an amendment on the Neighbourhood Planning Bill, and we are all going to be discussing the White Paper with him next Thursday. In handling this Bill I have also discovered that the civil servants do an incredible job, far more than one realises up front, and I am deeply grateful to them. The real credit for the Bill, though, goes to Bob Blackman in the other place, who has had God knows how many meetings with all the different factions and elements in this field and managed to hold things together, with helpful support from the Government.
We have come to the end of the road here. With grateful thanks to all the participants and to Crisis, which started the process and saw it through to the end, it remains only for me to say that I beg to move that the Bill be committed to a Committee of the Whole House.
Homelessness Reduction Bill
Friday 10th March 2017
(7 years, 1 month ago)
Lords ChamberRead Full debate Homelessness Reduction Act 2017 Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 27 January 2017 - (27 Jan 2017)
Lord Best (CB)
My Lords, I understand that no amendments have been set down to this Bill and no noble Lord has indicated a wish to move a manuscript amendment or to speak in Committee. However, I understand that a question is to be asked from the Labour Front Bench.
Lord Beecham (Lab)
My Lords, I shall be uncharacteristically brief at this late stage. I congratulate the noble Lord and the Government on proceeding with the Bill. It is very welcome. However, I hope that the noble Lord will take the opportunity after the Bill passes, which undoubtedly it will, to raise a couple of points with the Government—not immediately, perhaps. The Delegated Powers Committee published a report this week which, at paragraph 18, on the code of practice, raises a point about the method of revising the codes. I am not expecting any kind of formal response today, but perhaps the noble Lord will look at that. Perhaps he can also, in a relatively short time, invite the Government to say how they are going to approach reviewing the £61 million funding in the light of the possible increase in homelessness arising from the housing benefit issue which has been so controversial this week. I am not expecting the Minister or the noble Lord, Lord Best, to reply today, but those two points should be looked at in the next period.
Lord Shipley (LD)
I add our thanks to the noble Lord, Lord Best, for all his work on the Bill, which has been appreciated within Parliament and outside it. It shows that the amount of work done prior to the presentation of a Bill in the other place and here reaps rewards, because the Bill is very sound. I pay tribute to the work done on this by the noble Lord, Lord Best, which has got us to the position we are now in.
Lord Best
I thank noble Lords for their kind remarks. Bob Blackman MP in the House of Commons deserves the real credit for this Bill. I certainly undertake to speak with the Minister about the point raised by the noble Lord, Lord Beecham. The review of whether the sum allocated to fund the Homelessness Reduction Bill is sufficient will happen after the end of the first year of operation and will finish before the end of the second year, so that before two years are up we will know whether enough money has been made available to really bring about the reduction in homelessness. If insufficient funds have been available, I shall be the first to say so. I beg to move that the order of commitment be discharged.
Homelessness Reduction Bill
Thursday 23rd March 2017
(7 years ago)
Lords ChamberRead Full debate Homelessness Reduction Act 2017 Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 27 January 2017 - (27 Jan 2017)
Royal Assent
Thursday 27th April 2017
(6 years, 11 months ago)
Lords ChamberRead Full debate Read Hansard Text Amendment Paper: Consideration of Bill Amendments as at 3 February 2017 - (3 Feb 2017)