Secure Tenancies (Victims of Domestic Abuse) Bill [ Lords ] (First sitting)
(Limited Text - Ministerial Extracts only)
Read Full debateTuesday 27th March 2018
(6 years, 8 months ago)
Public Bill CommitteesSecure Tenancies (Victims of Domestic Abuse) Act 2018 View all Secure Tenancies (Victims of Domestic Abuse) Act 2018 Debates Read Hansard Text Amendment Paper: Public Bill Committee Amendments as at 27 March 2018 - (27 Mar 2018)
Melanie Onn (Great Grimsby) (Lab)
I beg to move amendment 5, in clause 1, page 1, line 9, after “tenant)” insert
“and regardless of whether the qualifying tenancy is in the jurisdiction of another local authority”.
It is a pleasure to serve under your chairmanship, Mr Rosindell. The amendment stands in my name and that of my hon. Friend the Member for Rochdale (Tony Lloyd), the former shadow Minister, who is now the shadow Northern Ireland Secretary—we are in a fast-moving world at the moment.
Let me start by saying that the amendments to the Bill in the other place are very welcome. They recognise that the Government have listened to the very real concerns expressed by Members from both sides of the House and members of the other place on this important issue. I have read the transcripts of the debate in the Lords, where my amendment originated—I should take the opportunity again to thank Baroness Lister of Burtersett and Lord Kennedy of Southwark for their work on the Labour Benches in introducing the amendment— and it is clear that there is a great deal of concern about the situation for victims of domestic violence.
Lord Farmer noted in his contribution that
“we are still…stuck on the question, ‘Why doesn’t she…leave?’, when someone is the victim of abuse, rather than…asking, with regard to the perpetrator, ‘Why doesn’t he…stop?”—[Official Report, House of Lords, 9 January 2018; Vol. 788, c. 147.]
He commented on the research about victims who return to lives of domestic abuse, saying that “a high proportion” go back to their abusive partner. He later qualifies that with the figure of 66%—that is, 66% of women who have tried and failed to leave an abusive partner. Two thirds of women decide, for whatever reason, that it is preferable to stay in the same property, their home—a really important part of this is that it is their home—with someone who abuses them. Nearly all those women—97%—have returned repeatedly. They have tried to flee, to leave, and to establish a new life, but for myriad reasons have then returned. That is why it is so important that the Government ensure that the security of a home, a safe place for children and the support of agencies such as Refuge and Women’s Aid are dealt with in legislation.
This small but, I would say, mighty amendment would ensure that the legislation met in practice the intentions that we set out in this room. That is the purpose of our amendments—to ensure that in practice, out there in the real world, in the real lives of people living in the circumstances that we are discussing, what we decide in this room and what the Government decide to set down in black and white as the law of the land works in practice on the ground, meets the needs of those people and meets the Government’s intentions. I have listened carefully to the Minister, and the intentions are there. They are clear. I believe that there is a strong commitment, going all the way to the top of the Government, to ensure that women’s lives are improved—I am referring to women, as they make up the majority of victims of domestic violence; I accept that there are also male victims, but I am using “women” as the more general term—and are not hindered in any way by policy. We must ensure that the policy that we agree is the best that it can be.
Our amendments and the amendment of the Bill in the Lords will, I believe, greatly reduce the risk of return to abusive partners and will, I hope, go a great distance towards reducing the absolutely terrible statistic of two women dying every week at the hands of the person who is supposed to love and care for them the most. One cannot help but think about that and the reality of the situation for these women. We know that women sometimes remain in abusive relationships for years before summoning the courage to leave. Children are often the reason for staying: the women do not want the kids to be without their dad because he is a good dad; he loves them and would do anything for them. However, there is also fear of the alternative: what else awaits women if they go? They leave the comfort of their surroundings and the place that they know. They leave their friends, their social networks, family perhaps, their children’s schools, their work—everything is thrown up in the air. It is a period of great upheaval and uncertainty.
The Minister will know that I have previously expressed frustration that it is always the victim who is expected to leave, to seek refuge and to start again. That will remain the case until we see a significant change in the judicial system and the education system, as well as the embedding of the principles of early intervention and healthy relationships across the country. I look forward to the domestic violence Bill that will be introduced later this year, so that we can see what the Government’s plans are in this area.
After women have taken the step of leaving, the process of rebuilding a life for them and their family can be a tough road. There must be certainty of housing support. In Baroness Lister’s contribution on the Lords amendments she noted that Women’s Aid had reports of women being
“reluctant to leave a secure tenancy and that some would take massive risks rather than give it up.”—[Official Report, House of Lords, 24 January 2018; Vol. 788, c. 1042.]
The amendment that the Government have supported was tabled with every intention of tackling that fear, and of laying to rest the concern of victims of domestic violence about being left—because of being a victim—in a worse housing position with their council tenancy.
That great intention—that purposeful move towards supporting the victims of domestic violence—could, however, be undermined if the Government do not make the meaning of the Bill clearer. In debate after debate—about housing, on International Women’s Day, about the justice system and about domestic violence specifically—there has been discussion of the fact that women often have to go out of the area when they are in the situation we are considering, as well as of the resulting funding issues and the wider issue of the problematic review of supported housing funding. The reasons are various, and include, sometimes, a lack of refuge places or finance, people returning to homes in the wider family, and issues of individual or family safety. If the abuser is a persistent harasser, in particular, there will be a need to keep the location discreet.
Lord Lipsey noted that three quarters of the women in a refuge would not be from the area where it was situated, and commented that it was natural for victims to want to
“fly as far away as possible”—[Official Report, House of Lords, 9 January 2018; Vol. 788, c. 145.]
from the source of the abuse. Women’s Aid put the figure at about 68%, just shy of three quarters. It has also provided us with the outcome of its No Woman Turned Away project, which shows that nearly a fifth of women were prevented from making valid homelessness claims on the grounds of domestic abuse for reasons that included having no connection to the area.
That is important and goes to the heart of the purpose of amendment 5. We are talking about women’s situation and their need for support. When we see what really happens when people cross local authority boundaries—how many people are being refused, and the fact that the Women’s Aid report mentions refusals being made specifically because of a lack of local connection—we must do all we can to ensure, through the Bill, that that situation does not continue. If the Bill is allowed to go forward without amendment, we shall have failed to deliver what the Government intend by it.
Local housing teams make the decisions. The systems that they develop are based on legislation that comes from this place. That leads me to the point that when a right to housing and a secure tenancy is specified, that should follow the individual. It should not matter whether they are within or outside their local authority; it should follow the victim. Whether it is through fate or design that victims leave their areas and relocate—and for some of them the relocation must be long-term and discreet—legislation must reflect the reality.
The measure will be something of a legacy for the Minister, and there is no point in failing to sew up the least thread of the seam. It is not inconceivable, given the reaction of some local authorities when asked to contribute to refuge support services, that with all the constraints and pulls upon their resources, they will find enough of a hole in the Bill to wriggle out of the duties that it is intended to place on them. I call on the Minister to do all in her considerable power to see that that that possibility—however small she may consider it—is addressed today, and that the amendment is accepted.
It would be a tragedy if the Government’s well-intentioned measure were to be undermined later through limited implementation in cases where victims tried to re-establish their lives outside their original local authority area. Is there is a reason why it is not possible to make the provision explicit?
The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)
It is a pleasure to serve under your chairmanship, Mr Rosindell, I believe for the first time.
The amendment aims to ensure that where a victim of domestic abuse applies to another local authority to be rehoused, the requirement to offer a lifetime tenancy still applies if a new tenancy is offered. The Bill is intended to protect people who need to move from their current home, and those who have already fled, to escape domestic abuse. It is clearly understandable why a victim of domestic abuse may want or need to move themselves and their family to an area far from the perpetrator. It is therefore important that the Bill protects victims who apply for housing assistance in another local authority district. However, it already does that, so the amendment is technically ineffective.
The Bill applies to any local authority in England, and to any tenant who has a lifetime local authority or housing association tenancy for a dwelling house anywhere in England and needs to move from that house to escape domestic abuse. I therefore believe that the amendment is unnecessary and ask for it to be withdrawn.
The Chair
Let me clarify, in case there is any confusion, that the Minister may speak again. It is perfectly fine for the Minister to speak and for Back Benchers to come in afterwards.
Stella Creasy (Walthamstow) (Lab/Co-op)
It is obviously a pleasure to serve under your chairmanship, Mr Rosindell, for this incredibly important piece of legislation. I do not think a single member of the Committee can be unaware of how important it is to get these issues right. We will have seen in our constituency surgeries the people for whom the system does not work. I want to start by giving an example of that to explain—[Interruption.] If the Minister has not, she is very lucky, because sadly, in my constituency—
Stella Creasy
I do not think this is about good councils; it is about how we deal with domestic violence cases in this country. Still too often, we require the victim to put the pieces of her escape route together. I say “her”, and I recognise that men are victims as well, but it is overwhelmingly women who we ask to try to work through a system based on service provision rather than their needs.
I want to give the Minister an example—which I hope will explain why Opposition Members are concerned about future-proofing this legislation—of one of the cases I dealt with in Walthamstow, near the boundary with Redbridge, because in London the difference between 33 boroughs can be the difference between life and death. It is the example of a woman whose secure tenancy was ruined because her abusive partner set fire to their flat. She fled to Redbridge, but as soon as she left the borough, a mere 10 minutes by car, everything fell apart for her. Suddenly, she was simply someone from another borough seeking housing, not a victim of domestic violence—as he stood on the balcony of the property that she had managed to find, tapping on the window and telling her that he had found her.
We could not keep that woman safe. I took to calling the borough commanders in my borough and in Redbridge every single day about her, because we could not get housing and could not get the police forces to work together, merely because they were 10 minutes apart by road. They were two different boroughs and two different housing departments. She started getting chased for her council tax and rent arrears on a property that was a burnt-out shell. If she had gone back to that property, he could have found her there, too. Every single day, that woman was on my conscience, all because bureaucracy could not see the victim, only the housing service and the policing requirements. The police in Redbridge said to her, “Close your windows, then he can’t knock on the windows,” not understanding what was going on, because we did not put the victim first.
The challenge is that that case is not unusual. It is not about London boroughs or co-ordination; it is simply that there are two different housing departments, one of which recognises that there might be a domestic violence case, while the other simply sees somebody whose postcode is in the wrong district.
I share the Minister’s desire to get secured tenancies right. She says that is already written into the legislation, but why not make it certain that it can be beyond a degree of reasonable doubt with any housing authority? That way, when MPs are faced with somebody who has come from a mere 10 minutes away, who is desperate for help, in fear of their life and has made that difficult decision to leave, there is no doubt that they will be housed. There should not be a point at which a housing officer says, “I’m sorry, this postcode isn’t in our borough and therefore this person is not our responsibility. They need to go back into the system.”
We have all seen the person who does not leave—the person who recognises that bureaucracy is going to be another hurdle and who, with everything else going on their life, does not want to take the risk. Each of us has had that conversation with that resident, pleading with them to talk to the independent sexual violence adviser and not go back. All too often, it has been a housing officer who has not understood their obligations and said to them, “I’m sorry, if you leave, you’re making yourself intentionally homeless.” That is the phrase we have to deal with, and that is why amendment 5 is so important. It changes the conversation and says that if someone is recognised as a victim of domestic violence—I appreciate that we also need to get some later clauses and amendments right—that person is more likely to get help.
The Minister does not look impressed. There are countless examples that I am sure other Members will give her. That is the lived reality of trying to get this right. We all want the best councils, the best police services, the best healthcare providers, the best social workers and the best MASH—multi-agency safeguarding hub—teams, who do not say, “Well, for the needs of the child we’ll try to keep the family together,” even though they have had perpetrators who put their partners into hospital and near death. The lived reality of trying to deal with these situations means that we have to make sure the legislation is belt and braces. Even if the Minister thinks the point is covered, I urge her to include it, to put it beyond reasonable doubt, because those cases, such as the person who moved between Redbridge and Waltham Forest, are not unusual.
Jess Phillips (Birmingham, Yardley) (Lab)
It is a pleasure to serve under your chairship, Mr Rosindell. I also welcome the Bill. As somebody who worked in the field for many years, it is revelatory to see this put into law. I am really pleased and feel that we are constantly surging forward, and 99% of the time that is done on a completely cross-party basis, with total consensus. When I first started working in domestic abuse services, that was not something I necessarily would have said or experienced, but times are changing. I am very pleased to say that this is no longer the bastion of noisy feminists such as myself; it is everybody’s business, which is great to see.
The concerns on this side of the Committee stem from memories of how localisation under new welfare rules after the 2010 general election changed the way that people moved across boundaries. It was not a willing Government, or even the Opposition, who changed the ruling about whether people could cross borders and seek tenancies; it was a woman who lived in the refuge where I worked and the Child Poverty Action Group. They took the case to court, on a judicial review, to stop local councils—in this instance Sandwell Council—being able to say, “You have to have lived in a local authority area for five years before you can have access to the housing list and be put on priority.”
It was not even five years ago that that was the case. Councils all over the country—certainly Birmingham and Sandwell—were saying, “Unless you have a link to this local authority area, you cannot come and live here,” regardless. There was no exemption for victims of domestic abuse. Thanks to brilliant victims of domestic abuse and brilliant charities that support them, that was overturned. Councils were told by the courts, not by any Government policy, that they had to allow victims of domestic abuse to be exempt from those rules. I had some personal issues with that, which I raised with my council in a public forum—when I was told by the then MP for Birmingham, Yardley, in a moment of horrendous dogwhistling, that I was trying to encourage anybody to come and claim benefits in Birmingham—so I have some form on arguing for this issue.
What we are trying to get across in the amendment is that that cannot happen again—that there should be no room for the Child Poverty Action Group and local authorities to have to go up against each other with individual victims’ cases. As my hon. Friend the Member for Walthamstow has said, there will be cases that come to light where there is difficulty, and we do not want the courts to have to be the place that makes the right decision.
We should remember there are lots of local authorities that are rubbish on this. We are living in a total postcode lottery. I remember a mantra where I used to work was, “Don’t get raped in Dudley,” because there were no services for rape victims in Dudley. We had to somehow give them a postcode for another area, so that we did not turn away children who had been raped, for example. Not all councils are brilliant on this stuff. It seems like a painfully political point to make, but the Prime Minister’s own council, where her seat is, does not fund a single refuge bed. There is good and bad—
Jess Phillips
As the Minister says from her sedentary position, nor does Southwark fund a single refuge bed. That is not a case I have ever heard. However, if it does not, it should—absolutely it should. This is not said with a Labour cap on; we took a Labour council to court. I do not give a toss what colour the council is; I care that the law protects the victims when they cross the border. I do not think anyone who might be watching this, either in this room or outside, thinks I am afraid of criticising the Labour party. Some of us are more than keen to point out problems wherever they arise.
The issue is ensuring that councils that are hard up do not have any excuse. That is all we seek. If we do not do it in these rooms, if we do not get the legislation right, you can bet your bottom dollar that somewhere a judge will.
Mrs Wheeler
I have listened carefully to what everybody has said, and there is a genuine misunderstanding about what is currently in the Bill, and what that means going forward. Under the Bill, any local authority in England that has somebody presenting with domestic abuse issues must take on a secure tenancy if that person had a secure tenancy before. It cannot be plainer than that, and that why the amendment is ineffective: the measure is in the Bill. The courts have said that local authorities must not apply the local connection test to victims of domestic abuse who apply for social housing, which is again in line with guidance issued in 2013. The amendment does not change anything and is therefore unnecessary.
The Department collects data on all social housing lettings through CORE, the continuous recording of social housing lettings and sales system. That information includes the type of tenancy granted, the nature of the landlord—local authority or housing association—whether the new tenant has moved from another social home or local authority district, and the main reason why the tenant left their last settled home, including whether that was in relation to domestic abuse. Taken together, those data will enable us to monitor the impact of the Bill. The amendment is therefore technically ineffective because the measure is in the Bill, and I ask the hon. Member for Great Grimsby to withdraw it.
Melanie Onn
I find the Minister’s response disappointing. The amendment has been tabled in good faith, and I cannot see this measure in the Bill. The Minister said that “any local authority” must grant a tenancy, but the Bill does not say that.
Melanie Onn
The Minister speaks repeatedly from a sedentary position throughout every proceeding. Perhaps I may continue. The Bill does not say “any” local authority—the Minister’s words are important, as are those in the Bill. As I was trying to explain, the amendment has been tabled to try to ensure that there can be no mistake when it comes to the practical implementation of the Minister’s good intentions.
Let me return to the comments from Women’s Aid, which spoke about the very inconsistent approach taken by local authorities across England in discharging their current obligations to house women who are fleeing domestic abuse in another area. It states that on one day in 2017, 68.4% of women resident in refuge services had come from a different local authority area. That number is so significant that we cannot dismiss it. The danger is that when we draft legislation, we assume that what we think, believe and discuss in this room will automatically be understood by people out there who have to work within our words. Too often we find that that is not the case, that the situation is confusing and oblique, and the holes that I was talking about become ever wider.
Local housing teams have prevented nearly a fifth of women who are supported by the No Woman Turned Away project from remaining because they had no local connection, and we can consider the evidential base behind that. I also support the comments that the hon. Member for Poole made about ensuring that the implementation of the Bill is robustly monitored and reviewed. I disagree fundamentally that this measure is in the Bill. I am not inclined to push the matter to a vote today. However, I put the Minister on notice that we will not shy away from pursuing further amendments on Report, whereupon votes may indeed be pursued, to try to tackle this. If we cannot protect nearly 17% of women who are going out of area with their housing needs, we will all have failed in our duties and responsibilities.
I remind the Minister that this is an incredibly sensitive subject and the approach to it matters. We would not be in this situation—we would not even have to discuss it—if we had continued security of tenure within council housing, and if we had not removed the fixed-term tenures and applied limits to them. My hon. Friend the Member for Birmingham, Yardley made it clear that this has been pulled and yanked to this stage, even to get the amendment that the Government are supporting. I will leave it there, but we may well come back to this. I hope the Minister will take time to consider this before the Bill is complete. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Melanie Onn
I beg to move amendment 1, in clause 1, page 1, line 25, at end insert—
‘(2BA) The Secretary of State must by regulations issue guidance as to—
(a) the identification of persons entitled to be offered a tenancy under subsection (2A) or (2B) including the evidence required of domestic abuse; and
(b) the training of local authority officials in matters relevant to the exercise of the duties of local authorities under subsection (2A) or (2B).
(2BB) Before issuing the guidance the Secretary of State must consult such persons and the representatives of such persons as he or she considers appropriate.
(2BC) Regulations under this section shall be made by statutory instrument and may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.’
I will begin by returning to the point that has just been made about a fifth of women being turned away by housing teams due to their not having a local connection. That leads to the issue of training. I have been discussing consistency across the country, which puts into sharp focus the training of local government staff, who will be charged with executing the new duty. I have worked alongside staff in local government and recognise the funding challenges that local government is facing—I say that in the kindest terms, in the hope that the Minister will have open ears to my arguments. Unfortunately, as in any industry, training is usually the first budget to be trimmed.
We are fortunate to have good connections across the House with experts from the refuge sector, whether that is Women’s Aid, Solace, Refuge or SafeLives—all those organisations work day in, day out, on this. Some hon. Members have personal experience of dealing with domestic violence on a day-to-day basis, so will have been deeply immersed in the realities and the struggles of women who present themselves at a refuge, then require additional support going forward. Those organisations have great depth of knowledge, understanding and personal connections with those victims. They approach the issue from a very different perspective from a local housing officer. It is fair to say that the housing officers in the local authority, with the best will in the world, simply do not have access to the same depth of knowledge and resource of experienced colleagues to be able to properly support the women who are presenting.
There are a multitude of pressures on local authorities. It is not just individuals who have suffered domestic violence who present themselves to a housing officer. There are people who feel like they have been on a housing waiting list since time immemorial. The council house waiting list in Southwark stands at 20,000, I think. There will be people there who are in extreme need—new babies coming along. [Interruption.] I am not sure why the Minister shakes her head on that point.
Melanie Onn
With pleasure, if the Minister explains why she was shaking her head.
Mrs Wheeler
I have had the great pleasure of going to Southwark to talk about housing arrangements. Southwark’s statistics for getting people into homes and moving people out of B&Bs are stunningly brilliant. It has nobody in B&Bs now, and it has amazing statistics on temporary accommodation as well. Perhaps the hon. Lady would like to talk about a different council.
Melanie Onn
Well, I will talk about my local council, which has 2,000 people on its waiting list. It is a small local authority covering one and three-quarter constituencies. We have about 180,000 people residing in the area, and 2,000 people on a housing waiting list is a significant proportion of that.
Hon. Members may wish to intervene and discuss their areas. There is no point denying that there are councils that are under strain or that there are excessive waiting lists. That is the whole point: we have a crisis. We do not have enough social housing in the country; private rents are far too expensive for many people to afford.
Melanie Onn
My hon. Friend makes the point perfectly. I applaud Southwark. I understand that it is operating some Government pilot schemes and I commend it for its proactive approach. Having met with the portfolio holder responsible for housing, I know how seriously she takes it. She is very committed to making sure that Southwark residents have the best housing opportunities, but we know that there is significant pressure in the housing sector. People are being moved around the country. I have often knocked on doors and found that suddenly there is somebody from London living in a street in Grimsby—as unexpected for them as it is for me.
Alex Norris
Like the Minister, I have a very good local authority. I have long admired the housing officers there, who are exceptionally skilled people. When they open that door in the morning, when they open their emails or answer the phone, they never quite know what they are going to get. It could be somebody suffering domestic abuse, as we are talking about today; someone with drug or alcohol abuse issues, or mental or physical health challenges; or someone does not speak English as their first language. They face all sorts of challenges, they have to be very adaptable to meet the different needs of the people who require their services, and they have to do that against a difficult backdrop. These officers can face hard councillors, which many of us in the Committee were, who prosecute the case for their resident because they want to get them the best deal, and have to balance that because there are five other hard councillors that morning trying to do the same thing.
I believe fundamentally in the best in people—I think that is a strength, but some say it is a weakness. However, I acknowledge that there is still dishonesty, and we have to be able to pick through. We know from our casework that what a case looks like might not be so when we dig into it. We ask our housing officers to be extraordinary generalists—multi-skilled and aware of many different things, at a time when local authorities are under unprecedented pressure. As my hon. Friend the Member for Great Grimsby says, the first budgets to go are those for training, because they are not the immediate frontline services of the day. As a result we are giving our housing officers a difficult challenge, asking them to do more while others are asking them to do it with less. We are sending a real signal that we value their work by putting it on the face of the Bill.
Risk is an issue that weaves throughout the Bill and will do so throughout the next domestic abuse Bill, later in the Session. When I was in local government and had responsibility for domestic abuse services, it was not the women who were considered high risk who gave me the most anxiety, although of course those cases are really serious. Those women get the very intense, immediate support, wrapped round them 24 hours a day, seven days a week, and there is some comfort in that. My concern was about those who were low and medium risk—cases that might escalate quickly, but one cannot know which ones might do so, or they would be classified as higher risk. The only mitigation against those fast-escalating, low and medium risk cases is to make every contact with people count. Someone might directly speak about their situation, or we can try to read other cues that give us a clue, as my hon. Friend the Member for Walthamstow said. That only works if, with every single contact, that person is skilled enough to read those cues. To give them a fair chance, we need to give them proper training. Putting that on the face of the Bill would send a strong signal.
Mrs Wheeler
Though I understand the intention behind the amendment, I do not believe that it is necessary. Local authorities already have to identify whether a person who is applying for social housing or homelessness assistance has been a victim of domestic abuse. The purpose of the Bill is to provide important protections for victims and it does not require local authorities to make decisions in relation to domestic abuse cases that may be significantly different from those already made.
Melanie Onn
I beg to move amendment 2, in clause 1, page 1, line 25, at end insert—
“(2BA) A local housing authority which grants an old-style secure tenancy under subsection (2A) or (2B) has discretion to decide whether or not the maximum rent for the old-style secure tenancy should be determined according to regulation B13 of the Housing Benefit Regulations 2006 (SI 2006/213) as amended by the Housing Benefit (Amendment) Regulations 2012 (SI 2012/3040).”
This amendment will probably not find favour with the Minister as it relates to under-occupancy and the charges applied during the last three years, or even longer, that the bedroom tax has been in place. We know that that has caused significant difficulties for people not in a domestic violence situation. The purpose behind this amendment is to ensure that domestic violence victims are not penalised when they leave a secure tenancy and are then provided with a secure tenancy in another property with a spare room incorporated. The Minister will be relieved to hear that I will not speak ad infinitum on this. The principle behind the bedroom tax and its effectiveness will presumably be assessed over time.
We have to look at the Prime Minister’s intentions when she talks about her commitment to supporting victims of domestic violence, and we have to look at the circumstances. We should remember that every week two women die in domestic violence circumstances, ask ourselves why they do not leave their properties, and try to remove all the barriers to their doing so. I try to place myself in the situation that may befall some victims, and think about the significant barriers that would stop me leaving and trying to start again—not having a family network to rely on, not having the financial resources to fully support myself, the emotional difficulties that my children may be experiencing, and wanting to continue to support them and give them as normal a life as possible during a very challenging time. Given those burdens and blocks, had I been told that I was leaving a secure tenancy with the option of another tenancy that involved additional financial costs put upon me as an individual, it would worry me a great deal if I were on a low income or had limited means.
We must do everything we can to reduce the likelihood of victims returning to their abusers or ending up in an even worse situation through not having the security of a home. Removing those barriers is essential. We know that there are already exemptions to the bedroom tax, and victims of domestic violence should be included in that.
Mrs Wheeler
I thank the hon. Lady for being succinct and for indicating that she will not push the amendment to a vote. I will also be brief, and try to give her some succour.
Under the Bill, we expect that a local authority offering a tenancy will ensure, wherever possible, that that does not result in a tenant under-occupying the property. Allocating a property that is too big for the tenant’s needs would not be in the interests of the tenant or the landlord. The tenant, if eligible for housing benefit, would be subject to the adjustment to remove the spare room subsidy, and under-occupancy would not be the best use of scarce social housing.
Statutory allocation guidance issued in 2012 clearly recognises that when framing the rules to determine what size property to allocate to different households and in different circumstances, local authorities should take into account the removal of the spare room subsidy. Where the victim wishes to remain in her own property after the perpetrator has left, or been removed, we would expect in most cases that that would not result in an under-occupation charge. Domestic abuse will normally occur between partners, and in this case between joint tenants, and in such instances the property is typically let on the basis that both tenants share a bedroom. Removing the perpetrator would generally therefore not result in under-occupation.
When deciding whether to grant a further tenancy to victims who remain in their home, local authorities must take into account a number of factors, including the particular circumstances of the victim and her household. In some cases it may be more appropriate to offer a new tenancy in another smaller property—but only where appropriate. There may be a small number of cases where, for whatever reason, the local authority allocates a new property, or grants a new tenancy in the same property, and that property has more bedrooms than the tenant needs, but I expect that number to be very, very small. Furthermore, in such cases it would be open to the tenant to apply for discretionary housing payment to cover any rental shortfall.
The Government’s policy is not to deal with personal circumstances unrelated to the size of the property by the inclusion of general exemptions to the regulations, but rather to take into account a person’s individual circumstances separately, through the process of discretionary housing payments. In 2016 the Supreme Court upheld that policy, and dismissed a challenge for the removal of the spare room subsidy brought by a victim of domestic abuse on the grounds that it amounted to unlawful sex discrimination. That case involved a victim who was being provided with protection under a sanctuary scheme. Since 2011, £900 million has been provided to local authorities for discretionary housing payments to support vulnerable claimants, including victims of domestic abuse. Funding for 2018-21 was set out in the summer Budget in 2015, and for 2018 there will be £153 million for England and Wales.
The spare room subsidy was introduced to bring parity in treatment between the social and private rented sectors, and to encourage mobility, strengthen work incentives, and make better use of available social housing. Rules on the removal of the spare room subsidy already exist, and include an exception for victims of domestic abuse in refuges. We do not intend to provide any further exceptions. Where local authorities grant tenancies to victims of domestic abuse, they have a choice: they can either ensure that they offer a property that meets the tenant’s needs, or they can consider providing a discretionary housing payment. For all those reasons, I do not believe that the amendment is necessary, and I hope that the hon. Lady and her colleagues will agree to withdraw it.
Melanie Onn
I naturally find the Minister’s view disappointing, but if she is confident that the current provisions will not result in any hardship—I accept that Women’s Aid say that the measure would impact on a relatively small number of people—I will therefore beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Rosie Duffield (Canterbury) (Lab)
As Opposition Members have mentioned many times, the barriers to leaving are crucial. We are talking mostly about women who have spent months, years, sometimes decades making mental lists over and again about their route out. Their route out will be to sort out the children’s school, to talk to their friends, to reach out to someone and to go to services. All those things take huge amounts of courage at the first step and then the next step, and then it possibly gets easier.
Our main responsibility today is to remove all the barriers on that route out. If those of us here decide to do something, we mostly have the money to do it. These women have been controlled financially, which is the main way in which women are controlled in a domestic violence situation. The partner may have run up debts that the woman cannot deal with, or certainly will have stopped access to money for anything from children’s presents to basic sanitary products and food. We have a duty to make sure that that crucial element is included in the Bill.
Finances are the barrier—the brick wall with no holes. Someone might be able to deal with the other things; they might be able to borrow a little money from a grandparent for a children’s present or for Tampax, but they will not be able to find £100—from the list of desperate, emergency things in their head—to prove that they have been a victim. It is essential to make sure that that is not a thing that happens.
Mrs Wheeler
I am sure we can all agree that we are not at ease with the idea of charging a fee to a victim of abuse who is seeking evidence of that abuse. The issue was raised when the Bill was debated in the Lords, and it was discussed on Second Reading in the Commons, particularly in relation to the medical profession.
As I understand the matter, the provision of notes or letters of evidence of abuse falls outside a GP’s NHS contract, and therefore a fee can be charged. Negotiations for the 2018-19 contracts are currently going on, and the Minister for Faith, Lord Bourne of Aberystwyth, who took the Bill through the Lords, has written to the Department of Health and Social Care to raise the concerns that arose among peers about this issue during the Bill’s passage through the Lords. As I said to hon. Members on Second Reading, I shall inform the House when we have a response to that letter.
It is, however, important to remember that victims of abuse may seek evidence from a wide variety of sources—not just GP letters or notes—as set out in the homelessness code of guidance. As part of the variety of evidence that can be supplied, an individual, as a data subject, can ask to be provided with their medical records.
Stella Creasy
One of the things about this country is that we do not own our medical records. When constituents of mine have tried to do as the Minister describes, doctors have been able to say no. The Secretary of State for Health and Social Care owns all our medical data and therefore access can be refused.
Mrs Wheeler
I thank the hon. Lady. Forgive me; I was not quite clear. From 25 May, the general data protection regulation becomes directly applicable and a data subject cannot be charged a fee except where a request is manifestly unfounded or excessive, or where requests are made for further copies of the same information. In that case, the fee must be reasonable and based on the administrative cost of providing the information. In the first instance, a person will be able to ask for their medical records from 25 May.
In addition, the British Medical Association advises GPs that where they intend to make a charge for providing a letter as evidence, they should inform the patient before doing so. The amendment has been introduced to deal specifically with GP charges, but it is widely drawn and, as a blanket prohibition, would apply across the public and private sector. I do not believe that regulating parts of the private sector is appropriate in the circumstances in question, or that it is a matter for the Bill.
For those reasons, I ask the hon. Member for Great Grimsby to withdraw the amendment.
Melanie Onn
I trust that the new measure due to be enacted at the end of April will go some way to removing some barriers that women face, although it will not go all the way. On that basis, I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Mrs Wheeler
I am mindful that we break at 11.25, so I will be as brief as I can. Amendment 4 would extend the Bill so that it applied to housing associations. Generally, tenancies granted before 15 January 1989, the date the Housing Act 1988 came into force, were secure tenancies, even though they might have been granted by housing associations. With very limited exceptions—for example, in relation to their own tenants who already had a pre-’89 secure tenancy—tenancies granted by housing associations on or after that date have been assured tenancies under the Housing Act 1988 and not secure tenancies under the Housing Act 1985.
The amendment would ensure that, where a housing association decides to rehouse an existing lifetime tenant who needs to move to escape domestic abuse, it must grant a lifetime tenancy under the Housing Act within—
Melanie Onn
I want to be sure I understand correctly what the Minister is saying. Is that the housing association within its own organisation or is that between housing associations, perhaps in different local authority areas?
Mrs Wheeler
I am responding to the hon. Lady’s amendment, so I suppose that is a question for her. I do appreciate the motivation behind the amendment, which is to ensure that victims of domestic abuse are treated on the same basis, whether the landlord of the new property is a local authority or a housing association. However, I cannot accept the amendment for a number of reasons.
In the first place, local authorities and housing associations are very different entities, which are subject to different drivers and challenges. Local authorities are public sector organisations. When schedule 7 to the Housing and Planning Act 2016 comes into force, local authorities will generally be required to give fixed-term tenancies and will be able to grant lifetime tenancies only in limited circumstances specified in legislation or regulations.
Housing associations are private not-for-profit bodies. They will continue to have the freedom, as now, to offer lifetime tenancies wherever they consider them appropriate. The purpose of housing associations is to provide and manage homes for people in housing need. The vast majority are charities with charitable objectives that require them to put tenants at the heart of everything they do.
We would expect housing associations to take their responsibilities for people fleeing domestic violence very seriously. As some hon. Members may know, the Domestic Abuse Housing Alliance was set up, as the hon. Member for Great Grimsby said, by two leading housing associations, Peabody and Gentoo, together with Standing Together Against Domestic Violence, a UK charity bringing communities together to end domestic abuse. The alliance’s stated mission is to improve the housing sector’s response to domestic abuse through the introduction and adoption of an established set of standards and an accreditation process.
I am sure hon. Members will agree that housing associations play a critical role in delivering the affordable homes that we need. That includes providing a home for people fleeing domestic abuse.
Stella Creasy
Many of us pay tribute to the work that Peabody, and particularly Gudrun Burnet, has done on this. Sadly, I have to say to her that not every housing association lives up to the standards that she just articulated. Many of them, including some in my area, seem to act as private landlords that are given public commissions. Why would we penalise those tenants, who have been allocated to those housing associations by local authorities, by not giving them the equal protection that we see organisations such as Peabody offering?
Mrs Wheeler
I appreciate the hon. Lady’s comments. I have asked for guidance, and for clarification I will read it out so that we all know what we are talking about. Where council properties are moved over to an arm’s length management organisation—ALMO—that is included. These rules do not apply to separate housing associations, but they apply to ALMOs. That is crucial, because that will affect a lot of people across the country.
That includes providing a home for people fleeing domestic abuse, but we can only do that if there are the homes to put them in. It is vital that we ensure that housing associations remain in the private sector, so that they are able to borrow funding free of public sector spending guidelines. We must also avoid imposing any unnecessary controls that might risk reversing the Office for National Statistics classification of housing associations as private sector organisations.
The amendment would also require housing associations to offer secure tenancies. As I have explained, since 1989, housing associations have granted assured tenancies under the Housing Act 1988, except in very limited circumstances—for example, when dealing with a tenant who has an old-style secure tenancy. The rights of assured and secure tenancies are very different. For example, secure tenants have a statutory right to improve their property, and to be compensated for those improvements in certain circumstances.
The amendment would require private sector landlords to operate two different systems, which would be an unnecessary burden over and above the very limited circumstances in which they still manage pre-1989 tenancies. It would introduce unnecessary additional costs, which would introduce an element of confusion for tenants and would risk the re-classification of housing associations, as I stated earlier.
Mrs Wheeler
I am sorry about that. For the reasons I have given, I invite the hon. Member for Great Grimsby to withdraw the amendment.
Melanie Onn
It is with some disappointment that I will withdraw the amendment. I reserve the right to bring something back on Report and explore this matter a little further. I am sorry that we are running short of time; this is something that warrants a bit more investigation, because it will impact on thousands of people. I beg to ask leave to withdraw the amendment.
Amendment, by leave, withdrawn.
Ordered, That further consideration be now adjourned. —(Kelly Tolhurst.)