Welfare Reform Bill

Debate between Baroness Hayter of Kentish Town and Lord German

Tuesday 17th January 2012 Lords Chamber

[Lord German]

My Lords, to concur with the noble Lord’s last sentence, this is a matter of accountability. I refer to Amendment 50ZA, which applies only to England. Members of the House of Lords will be very familiar with the fact that other parts of the United Kingdom will receive this money, and I would like some confirmation from the Minister on the arrangements that are to be made for Scotland and Wales. If, as I understand it, this money is to be transferred by means of the Barnett formula, the amendment will apply only to England. I wonder how it is possible to seek accountability for money that has been given by this Parliament for the services that are so vital for people within the current arrangements for the Social Fund. This is not an anti-devolution to local government statement, but the lines of accountability here do need to be judged. If we are devolving the power for that accountability to the Welsh and Scottish Governments, we need to state that now, and noble Lords need to understand that this is a further devolution of responsibility. Many noble Lords may accept this, or like it, or find it an attractive proposition, but the Government’s intention in this respect is as yet unclear to me.

[Baroness Hayter of Kentish Town]

My Lords, I am not sure whether the noble Lord, Lord German, is for or against the amendment, but all the other speakers have clearly supported these amendments. This is quite sensible, because the amendments all set out to ensure that vulnerable people can continue to access support once the Social Fund has been devolved, to whomsoever.

The first amendment in the group implements a recommendation of the Select Committee in another place. It would provide some reassurance about the effectiveness of the new system of helping those in need, and clearer information to local voters about whether their local authority is choosing to spend less than the allocated amount. It does nothing to restrict local discretion in how to implement the Social Fund replacement scheme; it merely places a requirement on the local authority, as has been said, to account for it. I think that all noble Lords who spoke would support that, and I feel sure that this is an aim that the Minister, similarly, will support.

The second amendment in the group, as was spelled out, would ensure that the use of local connection rules cannot prevent, for example, care leavers, the homeless, those fleeing domestic violence—the noble Lord, Lord Blair, spoke about them—and those leaving institutional residential care accessing Social Fund-type support. It is true that it ties the hands of local authorities a little, but only to ensure that groups that might be very much in need of support are not left with nowhere else to turn. As we heard, for many women fleeing domestic violence, community care grants are vital in helping them to set up a new home and perhaps buy a cot, a bed or a cooker. Given that many women need to enter refuges or other homes away from their former partners, they will often be unable to meet local connection rules.

We know that, among people who use the discretionary Social Fund, one in eight is leaving some sort of institutional care; nearly one in 10 is leaving prison; and one in five has at some time experienced homelessness. I work in Camden with people who have alcohol problems. There are a lot of train stations in Camden, so a lot of people arrive on our doorstep. At the time we help them with their drink problem, they will not be in the same area where they have lived and worked for perhaps 30 years.

Although I understand that the noble Baroness, Lady Meacher, will not press her amendment, I urge the Minister to consider it. We know that although universal credit budgeting loans could be available for rent in advance, crisis loans will be abolished before the introduction of universal credit, and it could be some time before the new system is set up and reliable. We know from our experience of many new IT systems that even the best laid plans occasionally go wrong. We have had many assurances from the noble Lord, Lord Freud, about the robust nature of the system being put in place, but it would be prudent to ensure that a national safety net remains while we wait for him—we hope—to be proved right on this occasion. I said “prudent” but it is probably vital that we continue to guarantee national access to community care loans and crisis loans until the universal credit system is set up. Once national systems have been devolved, the accountability that my noble friend spoke of, as well as the local connection rules, will be an essential part of helping these vulnerable groups. We are happy to support all three amendments in this group.

Welfare Reform Bill

Debate between Baroness Hayter of Kentish Town and Lord German

Tuesday 18th October 2011 Grand Committee

[Lord German]

My Lords, I was talking just before the break about the number of foster carers who will be affected by the proposal. We do not have the figures because the Government do not collect the right data, but the 2010 survey commissioned by the Fostering Network found that 6 per cent of all families lived in private or social housing. We know that the split between private and social is 32 per cent to 68 per cent. As there are roughly 45,000 foster families in the UK, if we take that figure, there would be approximately 2,700 fostering families in private and social housing and 1,836 in social housing, but those are extrapolation figures. I would be grateful if the Minister could assist us in that matter.

What is critical in this suite of amendments about children is that the Government do not jeopardise our caring for children with disabilities, and particularly our fostering system, by introducing measures that would penalise those groups of children. I hope that the Minister will be able to tell me that that is an unintended consequence, if people believe that we will impact on such groups of children. I hope that the Minister can assure us that those particularly vulnerable groups of children will not be affected by the Bill.

[Baroness Hayter of Kentish Town]

My Lords, I, too, shall speak briefly to Amendment 40 and Amendment 41, which stands in my name and that of my noble friend Lord McKenzie. As has been said, Amendment 40 seeks to ensure that the restrictions on the size criteria for social housing cannot leave a foster carer unable to meet their rent. As has been suggested, as currently drafted, the social sector size criteria and related benefit cuts would hit foster carers who claim benefit. As has been said by the noble Lord, Lord Best, that is because foster children are not counted as part of the household. Therefore, any bedroom that they sleep in is defined as being empty and underoccupied. The Fostering Network has warned that the failure to exempt foster carers from the penalty could lead to a number of them leaving fostering altogether.

As was suggested by my noble friend Lady Hollis in her earlier question, it is indeed a necessity that to be accepted for fostering, carers are required to have spare rooms in their homes for such children. Indeed, if you look at any advertisements for foster parents, they say that a spare room to foster is necessary. In addition, it cannot just be any old room; it is expected that most foster children will have a room to themselves from the age of three upwards, as specified by the minimum standards issued by the Department for Education and Skills. That age is well below the underoccupation rules for birth children who live with their parents.

We all know that social housing can provide a stable, high-quality environment in which to care for children who, for whatever reason, cannot live with their birth families. I am sure that none of us would want to exclude the occupants of social housing from acting as foster carers. I cannot believe that the Government intend that foster carers should face the underoccupation penalty. It is fairly obvious what impact that that would have.

Foster carers can claim housing benefit for the housing needs of their families, but the ones that they look after are not taken into account, which would mean that, just as with any other family, the rooms would count as being underoccupied, despite the fact that children sleep in them, and the foster carers’ benefit could be reduced by 23 per cent for the use of two rooms or 13 per cent for the use of one room used by a foster child. Many foster carers look after two or more children, especially those carers who deal with emergency needs, when a whole family can arrive together, and the availability of not just one but two spare rooms is crucial.

Most foster carers do not receive financial compensation for housing costs at present. They receive allowances towards the care, which include household running costs but not housing per se. Last year, the Government changed the law to exclude foster children from housing benefit claims. The Minister will recall that he wrote that this is because fostering allowances are intended to cover all the costs of looking after a foster child, including housing them. However, that statement is inconsistent with official information about the purpose of fostering allowance. The minimum fostering allowances set by the Governments in Northern Ireland, Wales and England do not include housing costs. In any case, the levels for recommended minimum allowances are far too low to provide realistic compensation for housing costs.

In case it is thought that discretionary housing payments may be available, it is true that foster carers are entitled to apply, but even if this concession was awarded it would be only to a small minority. As other noble Lords have said, there is already a significant shortage of foster carers. If there was a penalty for keeping a room in order to foster, some experienced carers might have to quit altogether. This could have a significant impact, especially in major towns and cities and other areas where rents are particularly high. Accommodation is in short supply, yet the demand for such carers is great. As the noble Lord, Lord German, said, there are about 2,700 fostering families claiming housing benefit. One thing being asked for through the amendments is that the cost of permitting it would be more than offset by the cost involved in losing foster carers, with children therefore having to be kept in care.

It is very hard to overemphasise the value of the work done by foster carers. I should like to take a moment to talk about two families I know, who between them have had more than 120 children through their doors. They have mostly been children who either have difficulties or disabilities themselves, or whose birth families are, for whatever reason, unable to provide a home for them. They do not always arrive in a nice planned way. They can come in the middle of the night, after the death or illness of their only parent, as the result of an assault or, as in one case that one of these families dealt with, when one of the child’s parents had been murdered by the other. The need for a home in the middle of the night and a room for those children cannot be stressed too much. These families are ready to take someone in, often very distressed small children. It is something of which we all need to be aware.

The Local Government Association is particularly concerned that if the proposal should remain unamended, and therefore reduces the likelihood of fostering, as carers are forced to give it up to avoid the penalty, it will be local authorities who pick up the cost, at a time when we are already short of foster families. It is fairly obvious that particularly vulnerable children make up a large proportion of those who are placed in emergency or short-term care. Therefore, we hope that the amendment will get a very warm response.

Amendment 41, in my name and that of my noble friend Lord McKenzie, is there to assist the Minister. It would make an exemption for foster parents to prevent their being subject to any accusations of abuse. I do not believe that there is such abuse, but certain papers like to run scaremongering stories about benefit claimants living in mansions, while there are blogs that talk about people living in enormous eight-bedroom houses in Chelsea, paid for by housing benefit. I have yet to find one. Amendment 41 seeks to protect foster carers from any such accusation. It includes defining,

“the type of property reasonably required for a household which is providing or routinely provides foster care placements”.

So it is to try and help the noble Lord in a very simple way.

The guidelines for good fostering are that there must be a spare room, and that no child over the age of three should be asked to share a bedroom. That is what we would call a suitably sized property, so I very much hope that the Minister can respond positively on the issue of foster care.