Supported Housing (Regulatory Oversight) Bill
(Limited Text - Ministerial Extracts only)
Read Full debateWednesday 11th January 2023
(1 year, 3 months ago)
Public Bill CommitteesSupported Housing (Regulatory Oversight) Act 2023 Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 11 January 2023 - (11 Jan 2023)
This text is a record of ministerial contributions to a debate held as part of the Supported Housing (Regulatory Oversight) Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
Mr Betts
I echo the comments of the hon. Member for Harrow East, my honourable Select Committee friend. We worked together closely on the Bill, as did the whole Select Committee; our report on the issue was unanimous. We described what we saw, which—notwithstanding the excellent provision that does exist in the sector—is a system and a delivery of service that is in many respects a complete mess. We saw appalling examples of accommodation that was not fit for purpose, and that the supposed support in this supported accommodation did not exist, consisting as it did of a “support worker” opening a door and shouting up the stairs, “Are you alright, then?” It was absolutely dreadful.
What was in some ways even worse is that the taxpayer was paying millions of pounds for this service, although the Department for Work and Pensions could not actually tell us how much. In the end, though, the Committee is not asking for more money. We are saying that the money that is there could be spent an awful lot better. Delivering to very vulnerable people a better service than they are currently getting and improving the lives of people in communities that have been blighted by this are the objectives we have in mind for the legislation. We do not want to drive out good providers or close down good accommodation. We want to get at the rogue providers who operate scams to make millions of pounds out of housing benefit at the expense of vulnerable people who are not getting the service they deserve.
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Felicity Buchan)
It is a great pleasure to serve under your chairmanship, Mr Efford. I thank all Members who have joined us this morning, including my hon. Friend the Member for Harrow East, whom I congratulate on reaching Committee with the Bill. I agree with both what he said in his introduction and the comments from the hon. Member for Sheffield South East.
Supported housing is a vital safety net for many people, enabling them to live independently with some support. There are many excellent examples of supported housing providing support for people experiencing homelessness, older people, people with a disability and those suffering from mental ill health, to name but a few, but as we are all aware, there are rogue landlords operating supported housing schemes. Those landlords are exploiting the vulnerable people they are supposed to be helping. This is completely unacceptable. We must continue to deliver a clear message to those providers: their time is up.
This Bill, which the Government support, includes a range of measures to drive out rogue providers and drive up the quality of supported housing. It is a very important measure that comes after many Government interventions. In October 2020, we published the national statement of expectations setting out the Government’s vision for quality supported housing. In the same month, we launched the pilots, and in March 2022, following the evaluation of the pilots, we announced our intention to bring forward regulations. I am delighted that my hon. Friend the Member for Harrow East has come forward with his Bill. We have also announced that over the next three years we are expanding the pilots to 22 new local authorities, with a further £20 million programme of support. The Government are sending a clear message: we will not tolerate abuse of the supported housing system. Time is up for rogue landlords.
Clause 1 places a duty on the Secretary of State to set up a new advisory panel and to appoint a chair to the panel through consulting the members. The new panel will advise on the design and implementation of the measures in the Bill. It will be able to take a strategic view of our plans, as well as undertake its own work related to supported housing. This is an excellent opportunity to bring together key stakeholders to share their expertise and to advise the Government. The advisory panel will give Government direct access to stakeholders and their knowledge of the sector at a crucial time when we will be consulting on how best to deliver and implement the measures in the Bill. The panel will consist of those with an interest from across the supported housing sector, including but not limited to those who represent the interests of registered providers, local housing authorities, charities providing supported housing and residents of supported housing. I look forward to convening the panel at the earliest opportunity.
Bob Blackman
I thank the Minister for her remarks and her support for the Bill generally. I also thank the hon. Member for Sheffield South East, the Chair of the Select Committee, for the inquiry we jointly conducted. This is a very important element of getting the advice that the Secretary of State will need on policy. The one area where there was discussion was the appointment of the chair of this panel, which I think it is important. It is now down to the Secretary of State to make the appointment, but the chair could be a member of the panel who already has expertise and is quite capable. I think enough has been said about this clause, but I will have more to say as we proceed.
Question put and agreed to.
Clause 1 accordingly ordered to stand part of the Bill.
Clause 2
Local supported housing strategies
Question proposed, That the clause stand part of the Bill.
Felicity Buchan
Under the Bill, local housing authorities will have a duty to carry out a review of supported housing provision in their districts and publish a strategy, which will be updated every five years. The strategies sit outside the enforcement mechanisms in the Bill, but they will be an equally important part of our approach. The supported housing oversight pilots demonstrated the real value of local needs assessments and strategic plans, which enabled local authorities to better understand what type of supported provision was being offered in their area, who provided it and the quality of it. The pilots also showed that strategic planning helped local authorities to better understand the mix of residents that providers are accommodating.
The strategies that the Bill will introduce will include an assessment of the current availability of supported housing in a local housing authority’s district and an assessment of the likely future need for supported housing. The strategies will sit alongside and complement existing strategies, such as those on domestic abuse. Guidance will be published to ensure that those are produced in a consistent way that enables a national picture to be built up. We will incorporate best practice insights from the pilot local authorities to ensure the strategies are designed in the most useful and beneficial way. They will help local authorities to make evidence-based decisions about their support housing provision. When combined with other elements in the Bill, they will empower local authorities to take the right decisions for their areas.
In addition to those local strategies, which will provide useful information at a local level, the Government also have research under way. The hon. Member for Sheffield South East will be glad to hear that we commissioned the research from Sheffield Hallam University. It will provide an up-to-date estimate of the size and cost of the supported housing sector across Great Britain, as well as estimates of future demand. I agree that data on supported housing needs must be improved, and I heard that message from a number of Members on Second Reading. Better data will give the Government and local authorities greater awareness of the supported housing already being provided, where providers are operating and the residents that they are housing.
Eddie Hughes
This is perhaps not something that we need to consider in this Committee, but it was raised at the Select Committee. It is a bit of an omission on the Government’s part, collectively, that we do not know, at the press of a button, the number of people and the cost associated with supported housing. It would be lovely if, at some point in the not-too-distant future, there were a marker on Government databases that said, “This is a supported housing claim.” Then a single authority could at any point ask how many supported housing claims it has. We would not need extensive research from Sheffield Hallam and others; we would just press a button, get a report and know where we were.
Felicity Buchan
I absolutely agree with my predecessor, and I thank him for all his work on the Bill. I agree that we need better data. I reassure him that we are working alongside the DWP so that we are much more in touch with where supported housing is and where housing benefit is being paid to it.
The DWP has already made changes to the way local authorities provide housing benefit data on supported housing claims by including flags in the collection system. That is for new housing benefit claims, so it will take time for this to work its way through the system and have data over time.
We are collectively in agreement that data needs to be improved. The supported housing strategies will be vital in maintaining a clear picture of supported housing provision and future need across England. When combined, these improvements in data and the introduction of strategic plans will help to create a clearer national picture of the supported housing provision across the country.
Bob Blackman
I thank the Minister for setting out the position that the Government will take. Clearly, as Members have said, the most important thing here is to gather the data and information and ensure that we have a strategy for dealing with the type of appropriate accommodation.
One thing that escaped me during my introduction is that there are certain aspects—for example, those vulnerable people fleeing domestic abuse—where we must be cautious about what data is released and made available. That is one reason why it must be clear that guidance from the Secretary of State can be issued to local authorities appropriately. That, of course, would then be a requirement on a local authority to take certain actions.
Question put and agreed to.
Clause 2 accordingly ordered to stand part of the Bill.
The Chair
Order. I apologise, Minister; permit me to interrupt. Paulette Hamilton wanted to speak.
Felicity Buchan
I agree with the comment from my hon. Friend the Member for Harrow East that it is critical that we get this right. The consultation process is critical to the Bill. We need to avoid unintended consequences.
I will start with amendment 1, which would enable the Secretary of State to enforce the supported housing standards in the same way as housing health and safety is enforced in private housing currently, if he chose to do so. Under the Bill as drafted, local housing authorities will have powers to enforce the new national supported housing standards through a licensing scheme, should they choose to run one. We will issue guidance to sit alongside the licensing regime—following the regulations being made—to ensure that local authorities that choose to run a licensing scheme do so in a consistent way.
Critically, we will consult, under the duty set out in clause 6, on the effectiveness of the licensing regime as a method to enforce the national supported housing standards, as well as on additional ways through which to enforce the standards. The amendment would overlap with the consultation duty in clause 6 and pre-empt the results of that consultation, by putting forward a ready-made solution.
I have been clear that the Government’s priority, in deciding on the detail of implementing the measures set out in the Bill, is to listen carefully to the concerns of the supported housing sector and its residents. We all want to avoid any unintended consequences.
Eddie Hughes
Yesterday I met Kate Henderson and Sue Ramsden from the National Housing Federation, and it seems to me that there is tremendous support for the Bill across the housing sector. There is a great will to work collectively to ensure that there are no unintended consequences and to drive out the rogue landlords. Has the Minister had that experience herself with the sector?
Felicity Buchan
Absolutely. I think that the sector is very supportive of what we are doing with this private Member’s Bill. There is some concern about unintended consequences, and that is why consultation will be key.
I would be happy to discuss the amendment further with the hon. Member for Sheffield South East as an option in the consultation document, rather than setting it out in the Bill. I urge him to withdraw his amendment.
Felicity Buchan
I have finished on amendment 1, but I have not got to amendment 2.
The Chair
I beg your pardon. I was trying to move you on—we are nearly 40 minutes in and only on clause 3!
Felicity Buchan
On amendment 2, it is unusual for the Government to be required, in a Bill, to make progress reports on individual Bill measures in the way proposed in this amendment. Clearly, there are already well established methods for holding Government to account—including by inviting or calling Ministers to one’s Select Committee. However, there is a requirement in relation to the licensing regulations—this is in clause 4(2)—for the Secretary of State to give a progress report if he has not put in place the licensing regulations after 12 months.
Today, I can give an oral commitment here in Committee that if that clause is triggered, we will also give an update on the national supported housing standards at the same time. On that basis, I ask the hon. Gentleman to withdraw his amendment.
I turn to clause 3 stand part. Clause 3 enables the Secretary of State to prepare and publish new national supported housing standards. The standards will cover both the adequacy of the accommodation and the quality of the care, support or supervision provided. They will be enforced through the licensing schemes to ensure that only those who meet the standards will be granted a licence.
To take up the point made by my hon. Friend the Member for Dover, our intention is firmly to work with DWP to look to align the national housing standards with housing benefit. I absolutely agree with her that we need to cut out the financial incentive for rogue operators. I reassure her that I had a conversation yesterday with my opposite number in DWP and we are fully aligned with those objectives.
Mr Betts
I accept the Minister’s assurances that when producing the report relating to licensing, as detailed in clause 4(2), she will also publish an update on progress with national housing standards. On that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Clause 3 ordered to stand part of the Bill.
Clause 4
Licensing Regulations
Question proposed, That the clause stand part of the Bill.
Mr Betts
I will speak to amendment 3 and raise a couple of other issues relating to the provisions under consideration.
On amendment 3, during our Select Committee inquiry one of the issues we heard from those concerned was how individuals got into exempt accommodation and how often people with very different needs—and sometimes very different but challenging behaviour—get put together in a completely inappropriate way. The worst examples were of women fleeing domestic violence being housed in the same building as people who have been perpetrators of that violence in the past. We heard about people trying to give up an addiction who were housed in the same building as people with a track record of dealing drugs. It was simply not appropriate; there is no control over who goes where. Gumtree and Facebook were regular means by which individuals accessed exempt accommodation. That was not satisfactory.
The standards to be enforced are set out in clause 5(3). Everyone agrees that licences should cover the standards of accommodation, as well as the use of the accommodation, the provision of care—or lack of it in some cases—and compliance with the national supported housing standards. The one thing the Bill is missing is the issue of access to that accommodation. That is why I put into amendment 3 words about,
“conditions relating to the assessment of the needs of persons who are residents or potential residents of supported exempt accommodation.”
We should take account of people’s needs and ensure that in future housing people with completely different and often conflicting needs and lifestyles—such as the perpetrators of domestic abuse being housed with victims of domestic abuse—simply cannot happen.
I accept that the wording may not be completely correct. I am hopeful that the Minister will accept the spirit of what I am trying to put forward, if not the precise wording. I look forward to what she has to say.
I have two other points. As the hon. Member for Harrow East said, of key importance are clauses 4 and 5, on licensing. Clause 2, on local supported housing strategies, places additional requirements on local councils. Will the Minister confirm that those requirements will be considered as new burdens, and that appropriate discussions will happen with the LGA and councils about that?
Finally, one of the most appalling things we heard about in our inquiry was the scams that take place. In the end, we could improve the accommodation for the same money that has been spent, had it been spent better. One of the examples we heard was about the council leader in West Devon. Quite rightly, we have heard a lot about Birmingham—my hon. Friend the Member for Birmingham, Selly Oak was the first Member who came to me to say that this was a major problem that the Select Committee needed to look at—but we heard from the leader of West Devon about a portfolio of 12 properties that were sold to a special purpose vehicle for £6 million. On the same day, they were sold to an offshore investment company for £18 million. That is a £12 million profit for a portfolio of properties.
What is happening in many cases is that it is not property organisations that provide exempt accommodation. Organisations buy up these properties and rent them to an organisation—sometimes one they have created themselves as a subsidiary—that is not for profit. But that not-for-profit organisation is charged an enormous rent by the profit-making organisation, and that feeds through into the level of housing benefit that is eventually paid out on behalf of the occupiers of exempt accommodation. It is that sort of scam that needs to be stopped.
I would like to ask the Minister for some assurances, having looked at the wording in clause 5(5)(b) on
“removing or restricting an entitlement to housing benefit”
and limiting the rent. Will the Minister be looking to stop these sorts of scams by using the powers set out in the Bill so far?
Felicity Buchan
I will start with amendment 3, then move on to amendments 5 to 9, and then I will follow up on the points raised by hon. Members.
On amendment 3, the Government agree that it is vital that the needs of supported housing residents are properly assessed so that they get the help they need, and for supported housing to deliver the right outcomes. My original intention was to include the requirement for individual needs assessments in the national supported housing standards, as that will be a needs assessment and will cover the accommodation provided and the care and support package.
The hon. Member for Sheffield South East has raised an interesting point, and I agree that putting the measure on the face of the Bill may have some merit. However, more detail is needed to flesh out the amendment. It particularly needs to spell out what the needs assessment covers in more precise language and how it interacts with care, support and provision. I would be happy to talk more about the matter with the hon. Gentleman, and I am happy to consider making changes to be introduced by the Government on Report. On that basis, I ask him to withdraw amendment 3.
I understand that amendments 5 to 9, tabled by my hon. Friend the Member for Harrow East, are technical and are there to remove the Local Government Association from being named as a statutory consultee. The Government believe that “statutory” can remain on the face of the Bill in respect of amendments 5 to 8. I could go into more detail, but in the interests of time, and as this is a more technical matter, I ask my hon. Friend to withdraw the amendments to delete “statutory”, because we believe that removing it does not materially affect the duty being placed on the Secretary of State to consult the named organisations.
On amendment 9, I understand that the Local Government Association has requested this change. I am happy to support the removal of its name from the clause, but elsewhere in the Bill we have referred to “local housing authorities” and “social services authorities” and I am disinclined to introduce a third term. I propose to my hon. Friend that we work on an alternative, including local housing authorities or social services authorities, and that the Government will table that amendment on Report.
The Chair
Mr Betts, did you want to speak? I got the impression you did not want to get up.
Felicity Buchan
I completely forgot; I was trying to rush through the amendments. My apologies.
First, on new burdens assessments, I confirm that an assessment will be made and that local authorities will get money for any new burdens. I anticipate that the new burdens will come about through setting up the strategies for the five-year period, and the initial set-up of the licensing scheme.
Secondly, I agree with the hon. Member for Sheffield South East that we cannot allow the scams to continue. It is an absolute outrage that public money is going towards rogue landlords when it should be used more effectively to help vulnerable people in society. That dovetails with the point, made by my hon. Friend the Member for Dover, that we need a linkage between housing benefit and the national supported housing standards. The hon. Member for Sheffield South East has my word that the Department for Levelling Up, Housing and Communities, working closely with the Department for Work and Pensions, will look to get rid of the scams. Clearly, it will take work and require a lot of deep analysis, but we are determined to look to make that linkage with the DWP.
Mrs Elphicke
I am grateful for the opportunity to serve under your chairmanship, Mr Efford. I want briefly to explore the new provision on homelessness, the intent of which I wholeheartedly support.
The Bill has been introduced with a focus on the outrageous examples of rogue landlords, who must be dealt with. However, as we have explored in the Select Committee review, and in my own experience, some of the more mainstream providers, who we would otherwise think would be good providers in this space, have had situations in which they did not provide the right level of supported care for very vulnerable people. I want to explore with my hon. Friend the Member for Harrow East whether, in respect of the provision about whether the standard of care support and supervision is provided, the issue would be in the opinion of the person to whom the support or care is provided, rather than in the organisation’s opinion.
Let me give two brief illustrative examples. First, in my prior life I volunteered with a homeless night shelter. I worked in homeless support for a number of years. In the Dover Outreach Centre, which is a fantastic example of this kind of support, in a number of cases people found themselves back in homelessness because a respected local organisation that supports drug, alcohol and other situations found that those people were not suitable for their programmes and removed them from that accommodation after incidents of repeated alcohol or drug abuse. In such a situation, people need additional support or other organisations to help them; they are still in need, still vulnerable and still homeless. I am keen to ensure that the obligation to support would extend to situations where the programme that has been provided has not achieved the outcome of keeping that person from homelessness and has not got them on the road to being in a home.
My second point is that the son of a constituent of mine recently committed suicide, having been thrown out of supported exempt housing—again, in a situation where they had both physical and mental health needs. It was a complex situation, as is not unusual, and the case is subject to a coroner’s investigation, so I will not comment on the detail further, except to say again that if we are looking to ensure that there is a safety net of support for people in vulnerable housing and care situations, can we make sure that the legislation deals with those sorts of real-life situations, which can occur even in the best organised supported housing provider?
Felicity Buchan
Let me start with clause 8, which commits the Government to reviewing the effectiveness of the licensing regulations on the condition and type of accommodation, and the provision of support, within three years of our making the regulations. Following the review, the Secretary of State must consider whether to introduce a new planning use class for supported housing.
An evaluation of the effectiveness of the licensing scheme will be extremely important. We need to keep the measures in the Bill under review and see whether further measures are necessary to drive out rogue landlords and drive up the quality of supported housing.
Steve McCabe
The hon. Member for Harrow East spoke about the concerns around saturation when he was outlining the clause. Is not the other concern that by converting these properties we are destroying family homes, at the very time when one of the Government’s priorities is to generate more?
Felicity Buchan
Yes, and that is precisely why we have decided to opt for a local licensing regime; we strongly feel that local authorities know their areas best and know where there is need.
Let me turn to the issue of homelessness. I thank my hon. Friend the Member for Dover for her comments. I send my sympathies to the family involved. I think that everyone, from all parties in the House, will agree that if vulnerable people find themselves in poor-quality supported housing, they should not be afraid to look for help. Residents should not fear being penalised for leaving poor-quality supported housing, whether it is poor because of the accommodation itself or because of the level of the support provided. The Bill clarifies the position for both residents and local authorities. The examples that my hon. Friend gave show the importance of consultation, which is fundamental to the Bill, because through consultation we will be able to set the national supported housing standards in such a way that they are applied fairly to all cases.
Bob Blackman
I thank my hon. Friend the Member for Dover in particular for her intervention. I give her the assurance that the intention is that the individuals involved will determine whether they are leaving a property under those circumstances. The key is to prevent the local authority from automatically refusing someone accommodation or assistance. The Bill dovetails with the Homelessness Reduction Act 2017, which I piloted through some seven years ago now, to ensure that local authorities act appropriately when dealing with people who are homeless through no fault of their own. The whole point is to make it clear that they are not at fault by exercising this position. I thank the Minister for making clear her position on the planning issue. As I have said, my personal view is that we will require provision going forward, but let us establish the position.
On local licensing, we need to see a great deal of consistency across the country in the type of licensing policies that are implemented, so that national organisations are not having to cope with different licensing arrangements in different local authorities.
Question put and agreed to.
Clause 8 accordingly ordered to stand part of the Bill.
Clause 9 ordered to stand part of the Bill.
Clause 10
Sharing of information relating to supported exempt accommodation
Bob Blackman
Effectively, the purpose behind clause 10 is as I outlined at the beginning. We are talking about some of the most vulnerable people in society. The people we are talking about are normally women, such as those fleeing domestic violence. We are talking about people that are mentally or physically ill; they may be recovering from all sorts of addictions. There can be a whole plethora of reasons why people are in supported housing. Data on that is sensitive and personal, so we must be very careful about how that data is shared and with whom it is shared. Often, we are talking about people who may have moved around from one authority to another. Essentially, clause 10 sets out the regime that will operate and the requirement that the Department will introduce regulations on how this should be handled.
This is going to be one of the most difficult areas of the regulation that will follow the Bill because it will have to cover a range of different types of information and of circumstances under which information can be transferred. It is absolutely vital to protect vulnerable individuals in society in this way.
Felicity Buchan
As with amendment 2, which was about a reporting requirement for housing standards, I am prepared to give a commitment in this Committee: if we are required to report on licensing regulations after 12 months, we will include an update on the progress on information sharing powers. I agree with the hon. Member for Harrow East that we need to be sensitive about the sharing of information, given the involvement of people such as domestic abuse survivors. Information about their current residence is very sensitive, so, again, consultation is key. We may have to exempt certain groups, but it is an important clause.
The Chair
This will be an intervention, I assume. It is not for hon. Members to chair me. [Laughter.]
Felicity Buchan
I did make a similar commitment to the one that we gave on the housing standards. To the extent that we are reporting on the licensing regulations after 12 months, we will include an update on the progress of information-sharing powers and on national housing standards.
The Chair
I feel like I am intruding on your private conversation. Sorry about having a formal procedure.
Bob Blackman
Clauses 12 to 14 simply adapt the definitions for the Bill. I think they are uncontroversial and appropriate. Clause 13 is about other interpretations and clause 14 about the Bill’s commencement, extent and short title. They are essential clauses, but not controversial.
Felicity Buchan
I agree with my hon. Friend that clauses 12 to 14 are relatively straightforward, but I want to make one point about clause 12, on the meaning of “supported exempt accommodation”. Several overlapping definitions of supported housing include two in housing benefit regulations: those for “exempt accommodation” and for “specified accommodation”. The Bill refers to the broader supported housing definition—of specified accommodation—as “supported exempt accommodation”.
Existing evidence points to the issues in supported housing typically occurring in housing provision that meets the “exempt accommodation” definition, so that is the current focus of the licensing scheme regulations. As I stated, there is a risk of loopholes, so we will consult on whether to expand the licensing scheme to cover all supported housing. The broader definition of “supported exempt accommodation” applies to the other elements of the Bill, including local authority strategic planning, information sharing and the national supported housing standards.
Bob Blackman
I thank the Minister for the information on consultation. This is a key area. The sort of people we are trying to drive out of business will use every and any loophole there is, so getting the exact wording right is vital. I accept completely what my hon. Friend has said about the consultation.
Question put and agreed to.
Clause 12 accordingly ordered to stand part of the Bill.
Clauses 13 and 14 ordered to stand part of the Bill.
New Clause 2
Charter of Rights for residents of supported exempt accommodation
‘(1) A local housing authority in England must publish a Charter of Rights for residents of supported exempt accommodation (“Charter of Rights”).
(2) A Charter of Rights under subsection (1) must be published—
(a) within three months of the date on which this Act comes into force, and
(b) annually thereafter.
(3) A Charter of Rights under subsection (1) must contain—
(a) a statement of the rights of residents of supported exempt accommodation,
(b) a statement of the responsibilities of providers of supported exempt accommodation,
(c) information about support services for residents of supported exempted accommodation.
(4) In preparing a Charter, the local housing authority must consult—
(a) residents of supported exempt accommodation,
(b) providers of supported exempt accommodation, and
(c) civil society organisations.
(5) The Secretary of State must by regulations require a provider of supported exempt accommodation to—
(a) ensure that its staff are aware of the Charter of Rights published by the local housing authority,
(b) provide a copy of the Charter of Rights to every resident in the supported exempt accommodation it provides,
(c) have regard to the relevant Charter of Rights in exercising its functions.
(6) A statutory instrument containing regulations under subsection (5) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.’—(Kate Hollern.)
Brought up, and read the First time.
Mr Betts
I beg to move, That the clause be read a Second time.
I am moving the new clause on behalf of my hon. Friend the Member for Blackburn (Kate Hollern), who tabled it. I will not spend long on this, but I promised that I would move it so that the Minister could respond.
The intention of the new clause is simply to put the needs and rights of those resident in supported exempt accommodation at the heart of our debate in Committee. In the end, that is what we are trying to do: provide better accommodation for people who are often in desperate and real need. I will not press this to a vote, but I want the debate to be about how the Minister might think the issues raised in new clause 2—on having the rights of residents recognised formally—will be best addressed in the Bill.
Felicity Buchan
The new clause would require all local authorities in England to produce a charter of rights for supported housing residents. That seems to have significant risk of overlap with the national supported housing standards. For some of the reasons already outlined by my hon. Friend the Member for Harrow East, for local authorities each to produce their own charters would be unhelpful. We need consistency.
I make the point that while individual local authorities will decide whether they put in place a licensing regime, guidance will be issued to ensure consistency across the local authorities. We believe that the national housing standards will have a more consistent national approach, and an enforcement mechanism through licensing. We will therefore not support the new clause.
In answer to the hon. Member for Sheffield South East, vulnerable people should clearly be at the heart of our concerns. At the moment, unfortunately, in certain situations rogue landlords are paid too much Government money, and the Government need value for money for the taxpayer. Simultaneously, vulnerable residents are not getting the support that they need. I give the hon. Gentleman my assurance that vulnerable residents will be a major focus of our consultation, which will be there to ensure that their needs are met through the national supported housing standards.
Supported Housing (Regulatory Oversight) Bill
(Limited Text - Ministerial Extracts only)
Read Full debateFriday 3rd March 2023
(1 year, 2 months ago)
Commons ChamberSupported Housing (Regulatory Oversight) Act 2023 Read Hansard Text Watch Debate Amendment Paper: Consideration of Bill Amendments as at 3 March 2023 - (3 Mar 2023)
This text is a record of ministerial contributions to a debate held as part of the Supported Housing (Regulatory Oversight) Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
This information is provided by Parallel Parliament and does not comprise part of the offical record
The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Felicity Buchan)
I beg to move amendment 1, page 4, line 37, at end insert—
“(4A) The provision that may be made by virtue of subsection (4)(c) includes provision for the Secretary of State to designate the district of every local housing authority in England.”
This amendment confirms that licensing regulations under clause 4(1) or (3) may provide for the Secretary of State to designate the district of every local housing authority in England for the purposes of the regulations.
Mr Deputy Speaker (Sir Roger Gale)
With this it will be convenient to discuss the following:
Government amendment 2, in clause 5, page 5, line 41, at end insert—
“(ba) conditions requiring the carrying out of assessments of the needs of residents (or potential residents) and relating to the conduct of such assessments;”.
This amendment enables licensing regulations under clause 4(1) or (3) to provide that conditions attached to a licence may include conditions relating to needs assessments.
Government amendment 3, in clause 6, page 7, line 4, leave out paragraph (a) and insert—
“(a) each local housing authority in England,
(aa) each social services authority in England,”.
This amendment substitutes local housing authorities in England and social services authorities in England for the Local Government Association in the list of persons the Secretary of State must consult before making licensing regulations under clause 4(1) or (3).
Felicity Buchan
We have already heard earlier in the Bill’s passage that there is a real risk of rogue providers changing location in order to avoid regulation. I am determined to put a stop to the exploitation of vulnerable people through the provision of poor-quality supported housing. For the rogues this is a lucrative activity, which is incentive enough for them to move location in order to avoid impending regulation.
The Bill currently provides that licensing regulations may include provision under which the Secretary of State may designate the district of “a” local housing authority as subject to licensing. The amendment clarifies that such provision includes provision for the Secretary of State to designate every district in England as subject to licensing, which means that the Secretary of State could introduce universal local licensing by exercising a power to be conferred by the licensing regulations of clause 4 to designate every local housing authority district in England. It is important that this is set out clearly as an option. The licensing regulations must still make provision for a local housing authority to self-designate, and may require a local housing authority to do so if conditions are met.
I tabled amendment 1 because the Government need to be able to reset the system. We must be able to put a stop to providers simply moving to areas without a licensing scheme and setting up there. With universal local licensing, we could prevent a landlord who had failed a “fit and proper person” test in an area with a licensing scheme from simply relocating to an area without licensing, and thus potentially protect vulnerable residents. If universal local licensing is pursued—and I consider it to be an option—that will mean that all residents of supported housing, wherever they are in England, can take comfort from the fact that the national supported housings standards will be enforced, and action will be taken should a provider not meet them. That option must be available to the Secretary of State.
I want to reassure Members that the Government will consult on the detail of the licensing regime, as is required in the Bill. That, of course, includes consulting on the duty set out in clause 6 relating to the method of enforcing the national supported housing standards, and the effectiveness of the licensing regime. We remain determined that the regime should be light-touch in order to avoid overburdening good providers and local authorities, but also robust enough to force out those running supported housing for the wrong reasons. We will keep the licensing scheme under review to ensure that it is working as was intended. I hope that Members will agree to our making this change.
Let me now deal with Government amendment 2. I know that the hon. Member for Sheffield South East (Mr Betts) cannot be present today because of future commitments, and he sent me his apologies. I am grateful to him for tabling a similar amendment in Committee, and I am pleased to be able to bring it back to the House today. In Committee he spoke of his concerns about how residents could access supported housing, and expressed particular concern about the problems experienced by residents who were mixed together inappropriately, as well as the increased advertising of supported housing provision on websites such as Gumtree and Zoopla. On the latter point, I can offer some reassurance. I recently met representatives of Gumtree, at their request, to discuss the practice by some supported housing providers of placing advertisements on its website. Gumtree, I am glad to say, has already started to crack down on these inappropriate advertisements and has expressed its willingness to continue to work with the Government on this matter. Members will know that Gumtree is not the only service that can enable rogue landlords to advertise poor-quality supported housing. The Government will work with these services to find solutions, and my amendment will also help.
In the report on exempt accommodation, the Levelling Up, Housing and Communities Committee also raised the issue of access routes into supported housing. I am well aware that residents are finding their way into supported housing through a variety of routes, including websites, as I mentioned earlier, where landlords purport to be providing supported housing but are, in fact, perpetuating the abuse that we are here to tackle. At best, placing someone in supported housing without testing its suitability will mean that the right outcomes will not be achieved and the person will not be able to move on into independent living, if that is appropriate. At worst, failing to assess the residents’ needs is a clear indicator that genuine support is simply not being delivered at all, and that is not acceptable.
The hon. Member for Sheffield South East and I are in agreement that it is vital that the resident’s support needs are assessed, so that they can be given the right support in the right accommodation. Once these arrangements are in place, we would expect assessments to be carried out in advance of a resident moving into the accommodation, but, in some circumstances, we recognise that that may not be possible. None the less, all supported housing residents must have the confidence that they are living in the right place with the support that they need. Amendment 2 proposed by the Government delivers on that by adding to the list of conditions that may be attached to a supported housing licence at clause 5(3) conditions requiring the carrying out of assessments of the needs of residents, or potential residents, including in relation to the conduct of those needs assessments. The fine details will, of course, be subject to consultation, but this amendment demonstrates the importance that the House places on proper support being given to supported housing residents, tailored to their individual need. I hope Members agree with me on that.
Amendment 3 is more of a technical amendment. I am grateful to my hon. Friend the Member for Harrow East (Bob Blackman) for proposing this amendment in Committee and I am pleased to be able to return with it today. The amendment seeks to amend clause 6, following a request from the Local Government Association to be removed as a statutory consultee. The Bill includes a statutory duty on the Secretary of State to consult on a number of issues related to the measures in the Bill. As I have said in earlier debates, it is very important to me that we carefully test these measures for unintended consequences before implementation. As determined as I am to drive out poor provision and drive up standards in supported housing, I am equally determined to ensure that good providers can continue to support the vulnerable people who need these vital services.
The Local Government Association asked to be replaced as a statutory consultee by local authorities. Local authorities—or to use the language of the Bill, local housing authorities and social service authorities—will deliver many of the measures in the Bill. It is right that we seek their views before making regulations. In line with that request, the amendment removes the Local Government Association from the list of statutory consultees in clause 6 and replaces them with local housing authorities and social services authorities in England. The effect of the amendment is that the Secretary of State will have an obligation to consult local housing authorities and social service authorities on the design of the licensing regime before making regulations. I hope that hon. Members will agree with this amendment also.
Supported Housing (Regulatory Oversight) Bill
(Limited Text - Ministerial Extracts only)
Read Full debateFriday 21st April 2023
(1 year ago)
Lords ChamberSupported Housing (Regulatory Oversight) Act 2023 Read Hansard Text Watch Debate Amendment Paper: Consideration of Bill Amendments as at 3 March 2023 - (3 Mar 2023)
This text is a record of ministerial contributions to a debate held as part of the Supported Housing (Regulatory Oversight) Act 2023 passage through Parliament.
In 1993, the House of Lords Pepper vs. Hart decision provided that statements made by Government Ministers may be taken as illustrative of legislative intent as to the interpretation of law.
This extract highlights statements made by Government Ministers along with contextual remarks by other members. The full debate can be read here
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The Parliamentary Under-Secretary of State, Department for Levelling Up, Housing & Communities (Baroness Scott of Bybrook) (Con)
My Lords, I thank my noble friend—he is not really my noble friend, but he is my noble friend—Lord Best for those kind words. There was no way that I was not going to be here as the Minister to support this Bill because, for me, it is one of the most important Bills we have seen coming through for quite a long time. I thank him for introducing the debate and congratulate him on the sponsorship of what, as I said, is an extremely important Bill. I thank other noble Lords for their support of the Bill today which, I am pleased to say, the Government are also supporting.
I also thank and pay tribute to my honourable friend the Member for Harrow East for his tireless work in making sure that the very important matter of poor-quality supported housing is now placed before this House.
I will begin by setting out the context for the measures contained in the Bill. Supported housing is home to some of the most vulnerable members of our society. People with disabilities and mental ill-health, survivors of domestic abuse, older people and people experiencing homelessness all rely on this important type of housing. Supported housing is more than just a home: it also plays a vital role in delivering better life outcomes and greater independence to those in need by providing care, support and supervision alongside accommodation.
Many excellent providers of supported housing operate in this sector, but I am very sorry to say that there are also rogues. These unscrupulous people are exploiting the system to the detriment of the very vulnerable people it is supposed to support, and at considerable cost to the taxpayer. Let us not forget that the financial benefit gained by these rogues rests on abusing the rules in housing benefit. Ministers at the Department for Work and Pensions agree that it is totally unacceptable that large amounts of public money are being paid out in housing benefit to fund this poor provision.
Before I go on to the Bill itself, I will briefly set out the action that the Government are taking to tackle the issues of poor quality in the supported housing sector. In October 2020 we published the national statement of expectations setting out the Government’s vision for the planning, commissioning and delivery of good-quality accommodation in supported housing. We also launched the supported housing pilots—which I think the noble Baroness, Lady Walmsley, brought up. Between October 2020 and September 2021, we funded five local authorities with a total of £5.4 million to explore ways of improving quality and value for money in the sector, particularly in exempt accommodation.
We published the independent evaluation of the pilots in April 2022 and have continued to build on the success of this initiative. Our ongoing supported housing improvement programme is backed by £20 million of funding and is helping 26 local authorities tackle quality issues in some of the most affected areas of the country, but we realise that we must go further. The evaluation of the pilots was clear that without providing additional powers to local authorities, our ability to fix these issues is limited. That is why the Government announced their intention to regulate the supported housing sector in a Written Ministerial Statement in March last year.
This Government’s priority is to protect the welfare of their most vulnerable citizens, and the Bill includes powers to bring in the crucial regulation that is required. We are determined to drive up quality in supported housing and drive out unscrupulous providers. Driving up standards is critical given the harmful consequences that the worst of this appalling accommodation can have for the vulnerable people living there and the damaging impacts we have seen on communities blighted by anti-social behaviour.
I will now move on to the measures set out in the Bill. The supported housing sector is increasingly complex, cutting across tenures, including both social housing and private housing supplied by charities and voluntary bodies. Given this complexity, it is right that the Government should seek information and advice about supported housing from experts. The Bill therefore creates an advisory panel, which will be established within a year of the Bill becoming law.
During the passage of the Bill in the other place there was much discussion of the paucity of data available to government on supported housing, and we have heard that again today, particularly from the noble Lord, Lord Khan of Burnley, and the noble Baroness, Lady Walmsley. We recognise the lack of data on supported housing; it is crucial that we make improvements in this area. I am pleased to say that we already have research under way to provide an estimate of the size, and importantly the cost, of the supported housing sector across Great Britain, as well as estimates of future demand. The Department for Work and Pensions has also made changes to its systems to improve the data it holds on housing benefit claims.
In addition to those measures, the Bill places a new duty on local housing authorities in England to produce supported housing strategies. These strategies will assess the current provision of supported housing and will require authorities to forecast future need in local communities. The more information and data we have, the better-informed decisions we can make about supported housing now and into the future.
For the first time, there will be a set of national standards for support: the national supported housing standards. Currently, the only requirement set out in housing benefit case law is that the support being provided is “more than minimal”—this is simply not good enough. These national standards will cover the type and quality of accommodation being used to deliver supported housing, as well as the quality of support that residents receive. The standards will apply to all supported housing providers in England and will be enforced through local authority-led licensing schemes. Licensing will apply to districts designated by either the Secretary of State or the local authority.
The Bill also sets out what conditions will need to be met in order to obtain a licence. These may refer to the standard and the use of the accommodation, the requirement for a support needs assessment, the provision of care, support and supervision, as well as meeting the national standards. Penalties will rightly apply where licensing conditions are not met, or where supported housing is operating without a licence in a designated licensing area. Powers in the Bill allow us to make provision for offences and penalties in the licensing regulations.
The Government are aware of the potential for unintended consequences for people in need of supported housing services. Crucially, the Bill places a duty on the Secretary of State to consult on the key measures that I have set out before making any regulations. This includes a requirement to seek the views of statutory consultees. Stakeholders can be reassured that the Government are determined to work with them to understand the impact of these measures and to ensure that any risks are understood before proceeding. But we are clear that the purpose of these changes is to drive out rogue providers, which is paramount.
Further measures in the Bill include a requirement to review the effect of the licensing regime after three years, to consider whether a change in planning law is warranted. This was brought up by a number of noble Lords, and I assure them that we will review that. A change to homelessness legislation will ensure that anyone who finds themselves forced to leave supported housing because it does not comply with the national standards will not be intentionally homeless. My noble friend Lord Young of Cookham brought up the important issue of social housing data on the demand for supported housing that is not held centrally. We are commissioning that research because we need to know what the effect will be once we put these measures in place. We need to know the current and future demands, because we cannot have people being made homeless unintentionally through the Bill.
As I said, the Bill also requires local authorities to produce strategic plans, as we heard, and they will therefore forecast the need in their areas. In order to produce those plans, they will have to know the baseline for accommodation at that time. Local authority providers and the Government are there to ensure that supported housing needs can and will be met.
My noble friend also raised the issue of discharging obligations and powers in the Bill. First of all, as I said, the advisory panel will be set up as soon as possible after the Bill becomes law and will be an important part of ensuring that these actions are delivered. My noble friend brought up national standards, and, as I said, the Government have already started work with stakeholders across the housing sector to develop the standards. As far as the licensing is concerned, the Government will consult on measures to enforce the standards, and, as I said, we intend to introduce a licensing regime, as is set out in the Bill.
A number of noble Lords brought up the issue of the Select Committee report. The Government are considering the areas that the Select Committee highlighted, and we will publish a response in due course. We know that the Bill alone is not enough, so we are committed to taking forward further action, if needed—first of all, to get rid of rogue landlords, and, most importantly, to keep driving up the quality of supported housing.
The noble Baroness, Lady Walmsley, brought up the really important issue of the impact on good providers. There are some fantastic providers out there; I know that personally, because my daughter is in supported housing, as I have mentioned before. The Government are determined to avoid any unintended consequences for good providers of supported housing. We are already working with stakeholders on the detail, and, as I said, we will consult before committing to the detail of the licensing scheme and the standards.
The cost to local authorities will be assessed. I know that this is important, quite rightly, if we are putting new burdens on local authorities—and this is a big burden, as well as an important one. Costs will be assessed through the new burdens process, as usual. I hope that response puts noble Lords’ minds at rest on that subject.
The noble Lord, Lord Campbell-Savours, brought up a number of issues, most of which will be covered by the 12-week consultation, but I am more than happy to look at Hansard and go through his questions to make sure he gets a written answer, as that is what he asked for. We will make sure that copies of that will be in the Library.
The noble Baroness, Lady Warwick of Undercliffe, discussed the costs of the licences and the exemptions from licences. As I said, the Government will consult on the whole scheme. Is important that local authorities and other stakeholders all get involved in that consultation, because it will be a better scheme if the people actually working in the sector get involved before we completely set it up.
Those are my responses to all the questions. There were a lot of questions on funding. The Government are absolutely aware of this and are considering and doing research on the costs of these services for the future and for this type of accommodation. I feel quite strongly—as I know the noble Lord, Lord Best, does, too—that this is part of the continuum of keeping people in their own homes with dignity for as long as possible in their lives, so this will be an increasingly important housing sector in this country for people we look after in some parts of their lives.
In closing, I will repeat that there are many excellent providers of supported housing, who are determined to provide an excellent service for their residents. Those good providers have nothing to fear. As I said, my officials are already working with stakeholders to design a scheme that will drive out the rogues but enable good-quality supported housing to continue to be delivered as it is now.
We know that time is of the essence, and the Government have committed to laying regulations within 18 months of the Bill becoming law. As I said, I am enormously grateful to my noble friend Lord Best—I still call him my noble friend—for sponsoring the Bill, and to my honourable friend the Member for Harrow East for his work in the other place. The Government are committed to stamping out the practice of rogue providers exploiting vulnerable people, at considerable cost to the taxpayer. The Bill is a crucial step forward in ensuring that people receive good-quality support in a market free from unscrupulous actors.
Lord Khan of Burnley (Lab)
Before the noble Baroness sits down, I want to ask about the issue that my noble friend Lady Taylor of Stevenage has raised previously and I raised today about passporting funds, where in two-tier authorities higher authorities passport funds to housing authorities and districts. Can the noble Baroness get back to us on that?
Baroness Scott of Bybrook (Con)
I think that that will be part of the overall research into how the system works and where the money is. It was interesting that, even at the Select Committee, a provider said that there is money in the system but it is not being used correctly. We need to have the data on this to look at all those issues.
Baroness Warwick of Undercliffe (Lab)
The noble Baroness gave us a very comprehensive response, but will she comment on my point about the £300 million in the adult social care strategy?
Baroness Scott of Bybrook (Con)
I understand that that has gone. I do not know the details, but I am very happy to write to the noble Baroness.