(7 years, 7 months ago)
Commons ChamberObviously, we do not want families or individuals who are reaching a crisis point in their lives, having become homeless, to be placed in completely unsuitable accommodation, or with rogue landlords who are unsuitable people to be offering accommodation in the first place, and it should be the duty of local authorities to ensure that that does not happen. The amendments will ensure that the current position is corrected for the benefit of society. Ideally, no one would ever be offered unsuitable accommodation, but, as I think we all recognise, that is sometimes the case.
Clause 7 deals with
“an applicant’s deliberate and unreasonable refusal to co-operate”.
A balance needed to be struck. As the Bill’s promoter, I must make it abundantly clear that homeless people will not be able to just turn up to their local housing authority and say, “You have a duty to find me somewhere to live”, and then fold their arms and wait for it to happen. They will have a duty to co-operate with the plan and carry out the actions required under it, and if they fail to do so, the housing authority will be able to terminate its duty. So there are duties on both sides, which must be right.
Equally, however, I do not want applicants to be unfairly penalised for some minor discrepancy. For example, if an applicant missed an appointment because of a need to visit a doctor or hospital, or as a result of some other commitment, it would be unfair and unreasonable for a local authority to penalise that individual. As the Minister has explained, the review process will be tightened to ensure that people receive written notices and are given an opportunity to review any unfair decision. That strikes the right balance, ensuring that applicants can receive a service—help and advice, and an offer in the private or socially rented sector—while also requiring them to take actions themselves.
I am grateful to the Minister for his time and forbearance, particularly in respect of that issue, which has occupied a substantial amount of time for all concerned. The compromise that has been reached will improve the Bill yet further and ensure that all people who have a priority need, and indeed those who do not, are secured private rented accommodation under these new homelessness relief duties. It will also ensure that those additional suitability checks will be carried out by the local housing authority to ensure that the property is safe and well managed. On that basis, I trust that all hon. Members will support these and the other amendments that the Minister has brought forward, so that we have a suitable package of measures to present to the other place, it will see the wisdom of our lengthy debates and close scrutiny of these proposals, and view them as a package of measures that together improve the lot of those people who are homeless.
I would like to respond to several of the matters raised by colleagues.
The hon. Member for Hammersmith (Andy Slaughter) mentioned the work with the LGA around amendment 10. He is correct on that, as he is on amendments 20 and 21, in relation to the concerns of the charities, particularly Shelter. He showed that he is extremely sharp when he raised the point about costs and the comments I made earlier about when I would bring forward further details of the additional cost incurred due to amendments that have been made to the Bill this morning. Indeed, my intention was to bring those costs to the House once the Bill had been amended. I will not tease the hon. Gentleman any further. In a few minutes, I hope to be giving further detail on the cost.
Before I conclude, I want to correct one point I made this morning when we dealt with the second group of amendments and I was responding to the points made by the hon. Member for Sheffield South East (Mr Betts). He raised the issue of the code of guidance and it being put before the House. I inadvertently said that the code of guidance would be put before the House. I am sure that the hon. Gentleman will recall from all those long Committee sittings that it is in the legislation that the code of practice will come before the House, rather than the code of guidance. However, I will seek to reassure my hon. Friend, or rather the hon. Gentleman—I was straying into risky territory again, there. I want to reassure him by saying that we would certainly welcome his Committee’s involvement in relation to the consultation on the revised code of guidance that will come out of the provisions in the Bill.
(7 years, 7 months ago)
Commons ChamberThat, indeed, is why a rural services delivery grant was inserted into last year’s local government finance settlement, with its four-year deal. As my hon. Friend knows, this is not part of the Bill, but we are undertaking a fair funding review because local authorities in many parts of the country have apparently pointed out that the last proper needs assessment took place about 10 years ago, and that in many areas the demographic has changed completely in the intervening period. We are considering carefully how resources should be distributed across the system.
My hon. Friend and I have recently shared many a happy hour debating homelessness reduction, but another issue now concerns me. Most local authorities have warmly welcomed the four-year funding settlement, but it is feared that the adjustments made to, for example, the new homes bonus have adjusted those figures. What consideration is my hon. Friend giving to adjustments to the overall four-year settlement to take account of the changes that the Department has made, which render some of these four-year settlements rather strange in comparison?
As my hon. Friend says, we have spent many a happy hour debating the Homelessness Reduction Bill, which will return to the House for its Report stage on Friday. As one who is extremely savvy about these matters, as well as being a member of the Communities and Local Government Committee, he will know that the issue to which he has referred does not necessarily feature in this Bill, but does feature in the local government finance settlement, on which we have recently undertaken a consultation. We shall be responding to that consultation, and to points made by Members and local authorities throughout the country about the new homes bonus, one of which my hon. Friend has just managed to put on the record.
(7 years, 7 months ago)
Public Bill CommitteesWe are being very clear: when we say that local authorities have got to take steps to house people in their borough unless it is not practicable, we mean that they must use every means and method at their disposal to ensure that they house people in their local area. If they do not, they have to take people’s circumstances into account. It is very difficult to see how any local authority could take an approach where, for example, a family with two children, both doing their GCSEs at a school in a particular borough, are sent to another part of the country at such a vital time, without it breaking the law. It would clearly not be taking that family’s situation into account.
I heard the earlier point made by the hon. Member for Westminster North. We are absolutely committed to replacing the temporary accommodation management fee with a flexible grant from this April. Funding of £616 million is available in that sense, and for the next three years. The grant will give local housing authorities far more flexibility on how they manage homelessness pressures. My officials are working with London authorities on temporary accommodation procurement. I am well aware that, in certain circumstances, London local authorities compete against one another for temporary accommodation. We need to look at all that can be done to try to avoid that situation.
As I mentioned, the Housing and Planning Act 2016 included measures to crack down on rogue landlords and we plan to implement those in 2017. That also includes the rogue landlords database for property agents, and banning orders for the most serious and prolific offenders.
In summary, we expect prevention and relief activity to increase following the implementation of the Bill. The provision seeks to ensure that those who are vulnerable are afforded the necessary protection. I believe it strikes the right balance, although I have listened carefully and heard what hon. Members on both sides of the Committee have said. I will take the concerns that they have raised about the way in which clause 12 will work back to the Department and will look at it further.
Question put and agreed to.
Clause 12 accordingly ordered to stand part of the Bill.
Clause 13
Extent, commencement and short title
Question proposed, That the clause stand part of the Bill.
To conclude the debate on clause 12, the original intention, as I said in my speech last week, was rather broader. The concerns that colleagues—not least the hon. Member for Westminster North—have raised need to be looked at again. I am glad the Minister has agreed to do so to see what further action we can take to broaden the scope of clause 12.
Clause 13 is the final clause in the Bill, but this is not the final debate we will have. It is a relatively straightforward clause that obviously relates to the usual matters, namely the extent of the Bill, the provisions for commencing its clauses, the ability of the Secretary of State to lay regulations as necessary and the title.
Thank you, Mr Chope. I take your guidance. We do not want another Second Reading debate—we had one that was well attended and covered a wide range of contributions. It is fair to say that I have had representations from London Councils and the Local Government Association, including from its leadership, on the implications of enacting the Bill. There needs to be a discussion among the Committee so that we send a clear signal to the LGA and its membership about how the Bill will be enacted and delivered.
I hope the Minister sets out some of the Government’s proposals for delivering the Bill and the sort of support that will be available from the Department for Communities and Local Government. Following your guidance, Mr Chope, we will not discuss finances, but the resources, training and special assistance that may need to be provided to local authorities are vital. Homeless people and people threatened with homelessness need to know at that crisis point in their lives that they will get support and assistance, and that local authorities are geared up and ready to deliver them. Without that, many of the great aspects of the Bill may fall into disrepute, and as its promoter I am determined that we should not reach that position.
Ideally, we would not have to change the law in this way, but all parties are determined to change the culture by changing the law. We have already said in debates on other aspects of the Bill that further sticks will be applied if they are needed to ensure that local authorities deliver on the promises that we expect them to make. I look forward to the Minister setting out further details on how the Bill will be delivered, so that local authorities have certainty about what they will be expected to do and what support they can provide.
I will not delay the Committee for too long on this clause. I hear your guidance on discussing cost, Mr Chope, and I welcome the fact that we can debate costs when we consider clause 1.
My hon. Friend the Member for Harrow East is not making an unreasonable challenge on implementation. Given the questions he has asked, I hope the Committee will allow me a little time to provide reassurance. His questions were mainly concerned with the speed—or lack of it, as the case may be—of the Bill’s implementation, which other hon. Members also raised. In an ideal world, it would be great to see the Bill implemented as soon as Royal Assent takes place. However, my hon. Friend is experienced enough as a parliamentarian to be well aware that a Bill of this type takes time to be implemented because of the secondary legislation that will follow, the code of guidance that will have to be updated and the statutory code of practice that may need to be implemented if things do not go to plan. Those processes will certainly require consultation with local authorities. We will work closely with them to implement these important measures because we understand their concerns that they will be stepping into the unknown—they will be supporting a group of people to whom they have not hitherto had to provide such support.
It is difficult to give exact timings. I am not going into finance, but what I can say to my hon. Friend is that the funding for the measure would be available now if we were in a position to implement now, and it will be available when we come to that point.
My hon. Friend has brought me to where I wanted to be and prompted me on to my next two subjects.
First, we can look to the Welsh legislation to learn from its implementation. My officials are certainly doing that, and we have done it in relation to a number of areas in the Bill so far. My hon. Friend suggests an extremely sensible approach.
Secondly, I was about to come on to the prevention trailblazers. We have given £50 million to local authorities to undertake the rough sleeping work. Authorities across the country will already be gearing up for the legislative changes—testing new methods, gathering new data and working with external organisations to meet the aims we all want to achieve. I assure my hon. Friend that in that sense we are looking to what Wales has managed to achieve in a relatively short space of time, and we are also looking carefully at the prevention trailblazers. I have considerable hopes that those prevention trailblazers will really blaze a trail in creating the culture that we need to implement the legislation successfully and help people to get off the streets.
We are absolutely committed to the implementation of the Bill. We will be working closely with local housing authorities to ensure that the process takes no longer than it must, but it cannot be rushed. We have to get it right if we are to make a success of the Bill. On that basis of co-operation and in the spirit of how the Committee has worked, I will leave my comments there.
Question put and agreed to.
Clause 13 accordingly ordered to stand part of the Bill.
Clause 7
Deliberate and unreasonable refusal to co-operate: duty upon giving of notice
Question proposed, That the clause stand part of the Bill.
As the Committee knows, we reordered the business because we anticipated amendments being tabled to this key clause. It is clear, however, that we do not have any amendments to discuss today. I know that many of us will be disappointed by that, and I want to update the Committee on the situation and the reasons why we have reached this position.
In our last sitting before Christmas, I reported that we had discovered a technical problem with clause 7 —specifically, that the clause was drafted too widely. At that time, we believed that a simple amendment would resolve the issue, tightening up the circumstances in which the provisions of the clause could be triggered. However, when drafting the amendments and the consequential amendments to other parts of the Bill, the local government sector and the charities that work day-to-day with homeless people—namely Shelter and Crisis—identified further issues with how the prevention and relief duties would be ended should an applicant refuse an offer of suitable accommodation. That is obviously a key part of how the Bill will work in incentivising applicants to work co-operatively with local housing authorities. If it did not work correctly, there would be a very real risk that the Bill would create an unacceptable new burden on local housing authorities and would fail to achieve the policy objectives.
I have been working with my hon. Friend the Minister and with Shelter, Crisis and the Local Government Association to address the issues that have been identified. The priority has been to ensure that we maintain protections for all applicants who co-operate with the new duties. That has involved working through the complex relationship between the Bill and the existing legal framework to ensure that the protections for those in priority need are not affected unacceptably. We want no reductions in how priority need households are assisted. We want to make it clear to new applicants that we are providing help and assistance, but it is not a one-way street.
We are now exploring potential solutions and hope to be in a position to resolve the situation on Report, with amendments tabled by Friday. I hope that if colleagues have concerns they will place them on the record so that I, as the Bill’s promoter, and the Minister can look at them in the round and make sure we deal with the issues that have rightly been raised by the charities and the LGA and in other representations we have received on this clause.
When we debated clause 3 in December, we discussed the new duty on local housing authorities to assess the applicant’s case and agree a personalised plan. Clause 7 outlines the important steps that must be followed in those hopefully rare cases where an applicant deliberately and unreasonably refuses to co-operate with the key required steps set out in the plan that they agreed with their local housing authority. This process is designed to include safeguards that will protect vulnerable applicants from abuse of the process.
When people who are threatened with homelessness or are actually homeless present themselves to the local authority, they might be in a state of difficulty not only from a mental health point of view, but in facing this problem for the first time in their lives. If that is the case and they are directed to do things by a housing authority, they may not appreciate and understand the plan. Throughout the development of the Bill, I have listened carefully to the views of the homelessness charities to ensure that vulnerable individuals are not unfairly penalised for non-co-operation on some of the very issues that caused them to seek assistance in the first place.
The clause includes numerous safeguards that I will outline briefly. I can assure the Committee that, in the recent discussion of amendments, my key driver has been to protect those safeguards and to enhance them if possible, so that no one is placed in a position whereby they feel they have been fooled and tricked into accepting something that they do not want.
(7 years, 7 months ago)
Public Bill CommitteesThe hon. Gentleman raises a good point, which I will take on board and think about. There will certainly be guidance relating to the substantive clause on the duty to refer. Whether that guidance will look further into collaboration in places that are doing a good job remains to be seen, but I will certainly look at the question, as he suggests.
Finally, we will also support councils through a network of advisers. That is possibly where the suggestion made by the hon. Gentleman, who is Chairman of the Select Committee on Communities and Local Government, might apply. The advisers are experts who will work with local authorities to produce multi-agency homelessness strategies. They will also agree protocols and pathways between services in line with the good practice that already exists.
We believe that the initiatives I have set out are powerful ones that will help with best practice and encourage the delivery of local partnerships. I am not sure whether we are to have a clause stand part debate, but if we do, I shall be able to set out in more detail how the duty to refer will work. It will be an important step towards where we want to be; it will also be important for encouraging the sort of local collaboration that we want. For all those reasons, the Government believe that the amendment is unnecessary, and I ask the hon. Gentleman withdraw it.
I echo the Minister in wishing everyone a happy new year, as we rush towards completion of our Committee sittings on this private Member’s Bill.
The Minister is quite right that there was a similar clause on duty to co-operate in the original draft Bill, and he has set out the position on co-operation between service partners. Clearly, we shall have further discussion on that on clause stand part. This matters for defining how the relationship between service partners works. Service partners are co-operating in a number of innovative local operations, and the last thing that any of us wants is to stymie those local approaches. It is important to give them a chance to work, see what best practice is, and bring forward alternatives.
Legislation is only one tool in the box for helping to relieve homelessness. We are imposing a duty—we shall come on to this in clause stand part—to refer individuals from different public bodies. My real concern about the amendment tabled by the Chair of the Select Committee is that it would give carte blanche on the duty to co-operate, without specifying what such co-operation would look like. I have a lot of sympathy with the intention behind the amendment, but the general intention of the Bill is to drive through a culture change, and an element of that is wanting culture change—in local authorities, but also in all public bodies across the piece. It is important to create strong local working relationships, and on that basis I ask the hon. Gentleman to withdraw the amendment.
The problem with this amendment in many ways is that because it includes a duty to co-operate overall, it runs the risk of creating a maelstrom across public services because of its uncosted and unbudgeted element, which would cause a problem in future. On that basis, I ask the hon. Gentleman to withdraw the amendment. I have a lot of sympathy with wanting to ensure that we have proper co-operation, but the first part of that is ensuing that public bodies refer homeless people to the local authority, so that they get expert help and advice.
Thank you, Mr Chope, for your kind invitation for me to set out the position. We are well aware that time is pressing and are keen to ensure that we get the clauses right. We anticipate tabling the various clauses by the deadline.
Question put and agreed to.
Question proposed, That the clause stand part of the Bill.
Clause 10 relates to what is commonly referred to as the duty to refer. It requires public authorities in England specified in the regulations to notify a local housing authority of service users who they think may be either homeless or at risk of becoming homeless. The safeguard is that the clause requires the public authority to get the individual’s consent before referring them, and it allows the individual to choose the local housing authority to which they are referred. Specified English public authorities exercising functions in relation to any individual will have the duty to refer that person if they think that they may be either homeless or at risk of becoming homeless.
One reason that the clause is so important, as we have heard during our deliberations, is that the Bill names a large number of public authorities and the arrangements will be different. For example, I know from evidence presented to the Select Committee, and from visits that I have made up and down the country, that people in the health service do not routinely refer people who they think are homeless to their local authority, because they do not think that it has anything to do with them. One of the problems that then arises is that people who are rough sleeping go to hospital, get patched up and are then sent back on to the streets, and it becomes a cycle of despair, frankly, for those individuals. The clause will place a duty on hospitals to refer to the local housing authority those individuals who they think may be either homeless or at risk of becoming homeless, so that it can take action. That is absolutely right.
Given the time, I will not go through the details of the large number of other areas affected, but some of them are very important. For example, it is an outrage that we allow ex-offenders to leave prison on a Friday afternoon with £40 in their pockets and hope that they will not reoffend. They have nowhere to go for advice or help, but we are surprised when they gravitate back to their circle of friends who are probably involved in criminality. They then reoffend and end up back in prison. We have to break that cycle.
I welcome the Minister’s amendments. When we come to discuss the codes of practice in full I will have much more to say. The key point is that any proposed code of practice will be subject, I trust, to full consultation with all public bodies before being laid before Parliament. It will then be subject to negative procedure, which means that Members of Parliament will be able to scrutinise the final outcome of the deliberations following that consultation. That will allow us to implement the code.
As the hon. Member for Westminster North and my hon. Friend the Member for Enfield, Southgate pointed out, local authorities will want to have their say and ensure that the codes of practice are clear, not woolly or over-prescriptive. We will then be in a position to get the results we desire rather than implementing something that will not work.
The other point is that the provision does not apply to the reissue of any codes. If the Minister or the Secretary of State believes that things are not working, action can be taken more quickly, which is to be welcomed. I welcome the amendments and trust that we can agree to them.
Hon. Members have made very good points. We all believe that the Bill is a good tool for enabling culture change, and that it will drive different thinking and different behaviour among local authorities. We have heard from the various charities that have done mystery shopper exercises. The Bill has been driven by a concern about the need for more consistency in how the current legislation and statutory guidance are implemented locally and how assistance is received by people who go to a local authority for it.
The clause is very much a process whereby we will enable further parliamentary scrutiny of the decisions that the Secretary of State will make on creating and bringing into force codes of practice. There is obviously the issue of reissuing guidance, or reissuing under the code of practice things that are already dealt with in guidance. As my hon. Friend the Member for Harrow East said, that will sometimes need to be done quickly and, therefore, the procedure will not apply. If we see that local authorities are not responding properly to the guidance that is currently issued, we will be able to beef up our approach quickly if necessary.
(7 years, 8 months ago)
Public Bill CommitteesTo reassure the hon. Member for Hammersmith, the amendment to clause 7 is due to an unforeseen situation in relation to its drafting. He is correct that we need to get the Bill right and therefore we have had to take some additional time to change the drafting. He is also correct that a final version of clause 1 is still outstanding. I expect that those proposed changes to the Bill should be drafted shortly and laid in order to enable us to debate them on 11 January. If that were to be the case, I expect them to be laid by the Christmas recess.
I thank the hon. Member for Hammersmith for raising those issues. Clearly the amendments to clauses 1 and 7 are not available to us. I thank the Minister for clarifying when he expects to table them. We have proceeded thus far on a cross-party, consensual basis, and it is clearly our intention to continue to do so. There is no intention to rush things so that amendments do not receive proper consideration, particularly where they are detailed, as with clause 7. There is a more substantive amendment to clause 1 and we want everyone to be able to see and review it before we debate it.
My intention as the Bill’s promoter is that, depending on our progress this morning, we shall reconvene on the morning of 11 January. I am grateful to the hon. Member for Hammersmith for not moving his amendments and new clauses, which should enable us to make speedier progress. If we are not able to conclude on the morning of 11 January, my intention would be to table a motion to bring us back on 18 January, including the afternoon if necessary, so that we would conclude on that date at the very latest. The Bill could then return to the Chamber on Report and hopefully Third Reading before being dispatched to the other place.
I appeal to Opposition Members: if there are amendments it is better for us to debate them here than for them to be debated on the Floor of the House. We can consider things in detail, from the perspective of detailed knowledge; otherwise there is the potential for delay and a risk that the Bill will be derailed in the Chamber. I trust that we can agree on the revised order of consideration.
Question put and agreed to.
Clause 5
Duties owed to those who are homeless
Question proposed, That the clause stand part of the Bill.
Again, we are going slightly awry here, but we have been concerned about that. That is why we are doing a huge amount of work to put local authorities in a better position to secure temporary accommodation and plan for the future. I completely agree with the hon. Lady that the practice she mentions is not desirable or one we endorse.
We have had a wide-ranging debate on this clause. I will answer some of the points raised.
The hon. Member for Hammersmith raised important issues such as the knock-on effects for priority need households of extending the duty to single homeless and others who previously did not come under it. That is an important aspect of the Bill and one of the reasons why there will be funding for it under the new burdens doctrine. We look forward to the Minister announcing the extent of that funding soon—that is parlance that I have heard from colleagues across the House. This is clearly an issue, and we do not want to get to a position where priority need households are disadvantaged at all as a result of these new measures.
The hon. Gentleman also raised the 24-year low in building social rented accommodation. To correct my hon. Friend the Member for Enfield, Southgate, I think we can all say that the Government’s record-breaking £3.15 billion settlement with London for it to build 90,000 affordable homes is a great start to the process. The provision of housing goes beyond the scope of the Bill, but it is of course part and parcel of the whole process. If we give local authorities duties to help and advise and provide accommodation, we need that accommodation. Forgive me, Mr Chope, but I recall the hon. Member for Hammersmith opposing tooth and nail the Transport for London Bill, which I took through, and provided for TfL to supply affordable housing across London. I am sure he regrets that opposition now that his colleague the new Mayor of London can implement that wide-ranging and far-sighted proposal, which I had the honour of making.
During the Select Committee inquiry, several witnesses made clear that they were happy to approach the local authority to get help and advice and then take action. The problem that they experienced at first was not getting the help and advice from the local authority. Many individuals were homeless for the first time and were shocked at not knowing what to do and how to do it. If the local authority were to act as a one-stop shop and point them in the right direction, they would be perfectly able to secure accommodation. They just want that extra assistance. We do not want to bind the hands of people who are perfectly capable of looking after themselves but just need that extra help and advice, given that they face a major crisis in their lives.
In an area with high demand where properties are snapped up quickly, a family might want to move to a certain property. If they have to go back to the local authority for it to inspect the property, that would cause delay and the property might be taken by somebody else in the interim. Is that not the type of situation we are trying to avoid?
Indeed. We will come later to the duty of the local authority to inspect properties. This is a sensible change that would mean that local authorities could work much more efficiently and households would have more choice over where they live. That is often a key demand. In our surgeries, people often say that local authorities are making offers of properties in completely unreasonable locations. This measure would give applicants far more control over their future lives. I trust that we can agree to the clause and move on.
I was not going to speak to the clause, but I will do so briefly because the debate has taken a slightly surreal turn. My reading of the clause is exactly the opposite of that of the hon. Gentleman.
The picture painted by some of the interventions is that non-priority homeless people are taking their pick of attractive properties in the area and may be competing with others or people who are not in the same market, and that local authorities might intervene with some bureaucratic procedure to stop them doing that.
My reading of the clause is that if somebody goes to a local authority with a duty under clause 5, it is much less restricted in how it can discharge that duty than would be the case for priority homeless people. That is why Shelter has asked for it to be made clear that this should be suitable accommodation under the 2012 homelessness regulations.
It would be wrong of me to oppose the clause. As I said in my remarks on clause 5, the onerous additional burdens placed on local authorities are likely to lead to their duty towards priority homeless people being subverted by the new duties. However, we should go into these matters with our eyes open. It will not be the applicant but the local authority that will be given a greater degree of flexibility. I hope that the hon. Gentleman is correct that this will be less bureaucratic and more effective, but to paint a picture that it somehow gives the keys to the housing market to those who come to local authorities with such a degree of need is, at best, wishful thinking.
(7 years, 8 months ago)
Commons ChamberI thank my hon. Friend for his kind remarks about me. Does he agree that one of the issues for rough sleepers and people threatened with homelessness is the complexity of the various reasons? Homelessness is not always the result of a private sector rental coming to an end. It may be caused by relationship breakdown. A homeless person may be an ex-offender or someone leaving the armed forces who is not used to settled accommodation. All these issues need personalised plans to assist those people to get into decent accommodation.
My hon. Friend is right. Sometimes it is easy for us to simplify the challenges surrounding homelessness and rough sleeping, but most informed Members know that the position is far more complex. I welcome the provisions in his Bill for a personal plan that local authorities must go through with individuals, both people who are homeless and are owed a duty by a local authority to be housed and people who are not owed a duty to be housed. For the first time, they will get bespoke support. I thank my hon. Friend for raising that.
My hon. Friend is right to point out that we must deal with this challenge at a local level, but I am also absolutely committed to making sure we work effectively across the Government to tackle it. I am driving action across the Government through a ministerial working group on homelessness, and one example I can give the House is in regard to mental health, where we are looking at what more can be done to make sure rough sleepers with mental health problems get the specialist support they need. The group is also looking at how we can ensure that people who are homeless, or at risk of homelessness, receive the help they need to get into work.
I want now to pick up on a number of the comments hon. Members made. First, it was great to hear from my hon. Friend the Member for Portsmouth South (Mrs Drummond). She extolled the virtues of the way in which Portsmouth City Council is trying to tackle homelessness, particularly through prevention and the work it is doing upfront to try to prevent people from becoming homeless in the first place. It was good to hear that the council is also working closely with local charities and other partners, and that is something we certainly want to see in the proposals local areas bring to us in relation to the grant-funding programmes we are providing.
The hon. Member for Dewsbury (Paula Sherriff) made a number of important points. She mentioned the rough-sleeping statistics. They are now much more accurate than they were in 2010, when local authorities were not obliged to provide a return to central Government in relation to how many rough sleepers there were in their areas. They are now compelled to do that, so the data are far more accurate. We are looking, though, at how we can improve the data that the Department holds, and we are doing so by trying to work out when people become homeless on multiple occasions and how we can prevent that from happening again to them.
I welcome what the hon. Lady said about the work Boots is doing in relation to sanitary products for women who, unfortunately, find themselves sleeping rough—an issue that she is particularly interested in. A number of programmes are centrally funded from the Department for Communities and Local Government for outreach organisations that deal with rough sleepers. In that sense, we do provide funding to those organisations, and they do, in turn, provide the type of support the hon. Lady rightly recognises is required for women rough sleepers.
(7 years, 8 months ago)
Public Bill CommitteesMy hon. Friend makes a good point. As I was saying, the care leaver is often in the care of a county authority, which has the responsibility in that regard, but may then wish to reside in a district of the authority that has housing responsibility. The clause certainly will recognise that challenge in two-tier areas.
My hon. Friend the Member for Portsmouth South takes a huge interest in care leavers and in other legislation currently going through the House that affects them. We cannot second guess other Bills when we are making this legislation. Any legislation being made by the Department for Education that might affect the age at which people leave care will ultimately have an effect on the work of local authorities. We need to wait to see those legislative changes before we seek to look at what further guidance will be provided to local authorities as a result of the Bill.
The intentions of the hon. Member for Hammersmith are honourable, but by extending the provisions we might very much end up with the guidance in conflict with the existing situation, so at this point we should not look to change it. I am also more than willing to sit down with my hon. Friend the Member for Enfield, Southgate to discuss the important issues he raises. During the passage of the Bill, I am sure we will get the opportunity to have a sit-down and a chat about them over coffee.
We have had a useful brief debate on the clause. We should remember that the existing position for care leavers to prove a local connection is that they must be currently or previously normally resident in the area, be employed there, have a family association or have special circumstances. Care leavers are often unable to prove such a position, which makes it very difficult for them to get assistance when they need it on leaving care. Young people leaving care are extremely vulnerable and need assistance with housing.
My intention is to clarify the position so that it is straightforward for a local authority to house care leavers in their area if they wish to do so, and so that any district can accommodate care leavers if they are in the care of the county. The local connection will therefore be enhanced and provide a facility, as the Minister described. My intention is to make it much easier for care leavers to prove a local connection and therefore to gain assistance from the local authority.
Question put and agreed to.
Clause 8 accordingly ordered to stand part of the Bill.
Clause 9
Reviews
I hope that that will be the case. I was heartened to hear that the hon. Member for Hammersmith does not propose to press the amendments to a Division. Understandably he wants to highlight the issue, but he also does not want to put something in the Bill that has the effect of taking away the rights of very vulnerable people.
We are developing a costs model around this and the other clauses in the Bill. We expect to be in a position to bring it to the Committee shortly. We need to clarify clause 1, as I have said, but after that I expect that the Committee will be able to see that we are funding this provision and other aspects of this important Bill.
I thank the hon. Member for Hammersmith and other Members for the brief debate we have had on these amendments. As the Minister and other colleagues said, the amendments would remove the right of review.
We should remember that local housing authorities will be dealing with a much greater volume of people whom they will have a duty to assist. Those people are extremely vulnerable. They have come into the local housing authority, probably for the first time, because they are either threatened with or suffering from homelessness. They are likely to agree to almost anything that the local authority says on first sight because they are in a position of seeking help and advice. When they go away with a plan put together with the local authority, they may discover after reading it and taking further advice that what is being offered is not reasonable. It would be quite wrong to remove their right to appeal and have the decisions taken about their case for help and assistance reviewed. I am sure that that is not the hon. Gentleman’s intention, but that would be the effect.
My hon. Friends on the Select Committee will know that during our inquiry, we took a great deal of evidence on that. Local housing authorities do not always do what they are supposed to do. They do not always adhere to everything expected of them—the mystery shopping exercises substantiated that during our inquiry. It is important therefore that reviews are possible for people who claim and need assistance from a local authority. That is why the reviews are spelled out loud and clear in the Bill. My concern is that the amendments would remove the protections for applicants.
I have every sympathy with the hon. Member for Westminster North in respect of potential delays. The Minister made an important commitment to monitor the process to ensure that we do not have review after review, and delay after delay, preventing people from securing accommodation. The resources provided to assist local authorities in delivering the duty are vital.
I thank the hon. Member for Hammersmith for highlighting an important issue. It is essential that authorities are able to make objective judgments on what constitutes a reasonable step. I reassure him that the current formulation will have the same effect as his amendment.
Under the measure as currently drafted, the authority must already consider what steps it is reasonable to take, taking account of all relevant factors. The existing reference to reasonableness brings in an objective standard, which is based on what steps a reasonable authority in the actual authority’s position would take in relation to that particular applicant, with all the characteristics, abilities and so on of that applicant. I hear what the hon. Member for Hammersmith said about his hopes and aspirations that may one day be fulfilled by the Government’s accepting one of his amendments. I do not wish to dash his hopes and aspirations but, as he feared, I urge him to withdraw the amendment for the reasons I have mentioned.
Clearly, I agree with other hon. Members about these two amendments. When I looked at his proposal, I wondered what the hon. Member for Hammersmith had in mind. I am a convinced localist. It is right and crucial that local authorities make their decisions and ensure they deliver services that they customise to their local residents.
However, one intention behind the Bill is to bring local housing authorities up to the standard of the best. The current wording of “reasonable steps” for the local authority to help people threatened with homelessness is crucial. I do not pretend to be a lawyer but I see a potential risk in the reading of the amendments. An interpretation could be that a local authority could decide what steps it considered reasonable to take, as opposed to the reasonable steps that are well understood in law that would be expected to be taken by a local authority.
The risk is that individual local authorities that may be laggards in assisting homeless people could interpret this by saying, “We consider this to be reasonable.” Different standards would operate in different areas of the country and between different local authorities. That is the risk of these amendments and I trust the hon. Gentleman will, therefore, withdraw them.
I will pick up just a few points that colleagues have raised during this debate on what I think essentially is the heart of the Bill.
The hon. Member for Hammersmith rightly alluded to the potential increase in applications to local authorities. I remind colleagues that, according to the House of Commons Library’s helpful briefing on the Bill, statutory homelessness applications—not acceptances—peaked in 2003-04 at nearly 300,000 cases and by 2010 had dropped to about 100,000. The point there is that individuals in a position whereby they know they will not get any help from a local authority will not go to it, but under the Bill everyone who is owed a duty will try to gain the assistance of a local authority. It is therefore natural that the case load will increase and, under the new burdens doctrine, I look to my hon. Friend the Minister to ensure that resources follow as appropriate.
The hon. Member for Dulwich and West Norwood and several other colleagues mentioned supply issues. I agree that we must increase supply, but that is beyond the scope of the Bill. She also alluded to reform of section 21 notices. Someone reminded me last night that this is already, I believe, the private Member’s Bill with the most clauses ever, so if we were to continue the process we would end up with a veritable dictionary. I agree that we must reform those notices, but that is also beyond the scope of the Bill.
The hon. Member for Westminster North rightly mentioned the shortage of housing and issues about the benefit cap and local housing allowance. Clearly that is for the Government to consider. It is appropriate for those issues to be raised in Committee but they are beyond the scope of the Bill.
Clearly the Bill is part of an overall strategy. We must understand that, as we have said, the causes of homelessness are many and varied and the solutions are many and varied. Without doubt, supply is one of the key elements. The White Paper will be published soon—soon in Government terms seems to stretch quite a lot—and I look forward to its coming forward as quickly as possible so that we can debate increasing supply, which is important.
Several issues were raised in terms of the postcode lottery, with clear examples of potential rationing of services from my hon. Friend the Member for Enfield, Southgate in particular. We should remember that the Bill’s aim is a cultural change and dramatic shift in helping and advising people who are in desperate need of housing rather than having housing officers trying to trap them to stop having to provide them with help and assistance.
I note what my friend the Chair of the Communities and Local Government Committee said about its review and some of the issues raised. Pertinent points on the welfare system were made, and I know that my hon. Friend the Minister will ensure that they are raised with the appropriate Ministers so that they are looked at in the round as part of the overall strategy.
I am mindful of the time, so I will not give way. I request that the Committee agree that the clause stand part of the Bill.
(7 years, 8 months ago)
Public Bill CommitteesWe are extending the prevention duty to 56 days so that local authorities can intervene early. My aim in introducing this Bill is to ensure that no one ever becomes homeless, because they will seek help and advice at an early stage and the local authority will identify an alternative property for those people who are threatened with this situation. That might take some time and it might not be realisable in the first place, but if an individual, a family or others approach the local authority at an early stage and are given help and advice, the homelessness that often happens can be prevented. There can be nothing worse for any family than being forced to wait until the bailiffs arrive, and then having to present themselves at a local housing office with their bags packed and nowhere to sleep. The idea is to stop them getting to that stage.
My hon. Friend is making a powerful case. With regard to the points made by my hon. Friends the Members for Mid Dorset and North Poole, for Colchester and for Northampton South, does he agree that the £20 million fund for prevention trailblazers, which will drive better prevention work within local authorities even before the Bill comes into effect, will be valuable, particularly as the bidding process is now open? We are expecting bids from people working with charities, not-for-profit organisations and other parts of the public services to help prevent people from becoming homeless.
I thank my hon. Friend for that timely intervention on the ingenuity of local authorities to meet the needs of local residents. It is good news that the fund is available, and I would encourage every local authority to bid for it and to start thinking about creative ways to help people threatened with homelessness. We want to prevent those individuals from becoming homeless in the first place. Local authorities can now get their thinking caps on, get creative and bid for that fund. I understand that up to 20 local authorities might be successful in this bidding round. I hope that it is oversubscribed, so that the Minister will have to find extra money to support that initiative in the run-up to the Bill hopefully becoming law, with every local authority in the country having to provide that service.
The advice given will be different depending on the needs of the individual, the family or the sets of individuals who are applying. The idea is that the advisory service should be designed to meet the needs of particularly at-risk groups, such as care leavers or victims of domestic abuse—those are two examples, but there are many reasons why people become homeless. It is not easy to categorise those areas, so the key is that the advisory service should be individualised. It should not be a basic service where someone turns up and has a look at a computer; it should be individual and with people who have been trained with this in mind.
The most important point about the clause is that those threatened with homelessness will get effective information right across the country. It will help every household threatened with homelessness or, worse still, those who become homeless. They will get the information they need. I believe that this has been supported throughout. There is a cross-party consensus, so I hope that everyone in the Committee will see the benefit of the clause and that we can then go forward.
As I have said, I will bring those costs to the Committee as soon as is practicable, but the hon. Gentleman is not making an unreasonable point. I hope to be able to satisfy his request. It is important that the Committee should have the chance to see what the costs are.
The hon. Gentleman made a point about AHAS and the information duty. AHAS raised an issue about councils going beyond the provision of just homelessness issues. I want to be absolutely clear that the measure is about a duty to provide advice and information relating to homelessness only; it is not about local authorities going beyond that. Local authorities can signpost to other services, but we expect them to work with local partners to help address wider issues, and that is what the best authorities are already doing.
The hon. Member for Dulwich and West Norwood raised a point about the Bill, and the clause in particular, being about changing culture at the local level, and I very much agree. I also agree with my hon. Friend the Member for Colchester about reinvigorating the role of housing officers so that they can get back to a position where they genuinely feel they are helping people—as he rightly pointed out, that is why most housing officers took up their roles in the first place. We have seen a similar change in culture in Wales, which bodes well for the Bill. We will make absolutely clear that the revised guidance on what constitutes good advice will accompany the Bill once it makes its passage through the House and into law.
I will conclude by saying that the Government are extremely pleased to support clause 2. We think it will bring about a real shift in culture and enable people who hitherto have not received good advice and assistance to receive the support that they absolutely need.
I will respond briefly to the debate. I thank all Members for their contributions and for serving on the Committee.
Those threatened with homelessness or those tragically becoming homeless need to get the help and advice they need as early as possible: that issue is clearly at the heart of the Bill. I turn to some of the points that have been made; if any individuals want further clarification, I am happy to deal with that. Several Members have referred to the mystery shopping exercise conducted by Crisis, which fed into the Select Committee report. The inquiry and the pre-scrutiny of the legislation are one of the benefits this Committee has—we have the benefit of real evidence of the experience across the board. The reality is that the experiences individuals are receiving from local authorities are relatively poor, generally speaking. Some local authorities do a good job, but the majority do not. That is clearly an issue, because advice services are so important.
I will not go into the hon. Member for Hammersmith’s views on his own council. I could have a view of my own council, and I am sure several other colleagues could, too, but the reality is that we want to see all local authorities brought up to the standard of the best on advice and help.
My hon. Friend the Member for Colchester referred to another key issue. We do not want people to get to the point of incurring huge debts and having county court judgments and so on, which mean that they are not able to get accommodation anyway. We want people to get help and advice early.
The hon. Member for Sheffield South East, Chair of the Communities and Local Government Committee, and the hon. Member for Dulwich and West Norwood, also a member of that Committee, referred to the resources required. We are looking to the Minister to come forward with the resources. I accept that these are considerable extra burdens on local authorities. The expertise that will be required is important and unless that is properly resourced, the help and advice needed will not be available. That part of the process is quite clear.
(7 years, 9 months ago)
Commons ChamberI welcome the hon. Lady to her place. We are taking the situation extremely seriously. We have enabled councils to raise additional funding through the adult social care precept—up to 2% on top of the council tax—and in a few weeks’ time, she will be able to see the allocation for the better care fund, which will come into effect in April 2017 for the next financial year.
(7 years, 9 months ago)
Public Bill CommitteesIt is a pleasure to serve under your chairmanship, Mr Chope. I reiterate the Government’s support for the Bill promoted by my hon. Friend the Member for Harrow East. As he has said, since Second Reading we have been working closely with him and a number of other stakeholders to get to this point.
I hear what has been said about clause 1. As I said on Second Reading, we were aware that several stakeholder groups had concerns about clause 1. At that point, we said that we would listen carefully to those concerns. We have continued to do that and to engage in dialogue.
As my hon. Friend has said, we cannot yet say for definite when the amendment to the clause will be tabled, but I assure Opposition Front Benchers that, in the spirit of how the Bill has been handled so far—a spirit of co-operation across the House to enact important legislation that will benefit homeless people and people at risk of becoming homeless across the country—we fully intend to ensure that the hon. Member for Hammersmith has sight of the proposal for clause 1 as soon as is practicable. We are willing to work with him.
I trust that that reassurance from my hon. Friend the Minister and me is sufficient to ensure that colleagues are content. The hon. Member for Hammersmith asked when we are likely to get to clause 1. Provided that my proposed order of consideration is agreed to, I propose that we adjourn now, and that we meet next Wednesday to start the process.
I envisage that we will not debate clause 1 until, possibly, 14 December, depending on the progress we make, but I am clear that when the amendment to the clause is ready, we will circulate it to all members of the Committee. If there are any other amendments, we will circulate them as soon as they are available. I hope that colleagues on the other side of the argument will also take that in the spirit in which it is intended. The earlier we can have sight of proposed amendments, the better, so that we can carefully consider their impact not only on the clause, but, consequentially, on the Bill. I trust that we have satisfied everyone and that we can proceed accordingly.
(8 years, 6 months ago)
Westminster HallWestminster Hall is an alternative Chamber for MPs to hold debates, named after the adjoining Westminster Hall.
Each debate is chaired by an MP from the Panel of Chairs, rather than the Speaker or Deputy Speaker. A Government Minister will give the final speech, and no votes may be called on the debate topic.
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I thank the Minister for his remarks; I am interjecting on two points. First, the cost to the national health service of smoking-related diseases is greater than the Treasury’s income from tobacco products, so the position is not balanced. Secondly, local authorities have a public duty to encourage smoking cessation and to clear up the litter caused by smoking. The issue is how they get that funding, particularly at a time when the Government have chosen to reduce funding for public health. The proposed levy is therefore a way of providing local authorities with more money to fulfil their duties.
As I have said, these are matters for the Treasury. My hon. Friend has got his point on the record today, and I am sure Treasury Ministers will be listening intently to this debate and will therefore have heard what he has said.
My hon. Friend made some interesting comments about finding chewing gum under a desk. I decided to take a pair of shoes back to my home in my constituency this weekend, and when I put them in my bag this morning there was a great big piece of chewing gum on the bottom of them. As he would expect, I was not best pleased. I appreciate exactly what he says about the challenges we face with chewing gum. The Chewing Gum Action Group has been mentioned, and its work was perhaps understated. That important group is working to address these issues. The companies that produce chewing gum are members of the group. It is important that the Government engage with those companies to ensure that we are doing all we can and that they are showing and taking a lead on ensuring that their products do not end up on pavements and floors across the country.
My hon. Friend the Member for Thirsk and Malton (Kevin Hollinrake) mentioned highways. There is a pilot project in the midlands that aims to enhance joint working between Highways England and local authorities, with the aim of sharing teams and assets so that they can support each other to improve our A roads across the midlands. We are carefully looking at how that is currently working. Making the Highways Agency legally responsible for collecting litter is not as straightforward as has been said—primary legislation and complicated alterations to funding arrangements would be needed. It is important that we see how the pilot pans out before taking it forward.
The idea of fines for throwing litter from cars has been mentioned, and again we will carefully consider it through the national litter strategy and enforcement. We are well aware of the problem, and my hon. Friend the Member for Harrow East mentioned instances where people get takeaway food and drive up the road, with the rubbish ending up in a hedge, in the bushes or in somebody’s garden. That is an important point, and it is something that we need to consider carefully.
The hon. Member for Sheffield South East mentioned the LGA, which has an extremely important role in this agenda. The LGA is part of our advisory group, and it will be an important organisation in getting across some of the messages that we need to get across to local authorities. Many comments have been made about reductions in spending, and obviously I am well aware of the challenges faced by local government. Those challenges have been managed extremely well over the past five years, for which I thank local government, but there is a critical point here. I mentioned earlier in my remarks that the issue is not just about the environment—the possible damage to wildlife and the fact that an area might look scruffy. It is a massive issue for local economies, because when an area is scruffy it is an indicator that the economy might not be doing as well as it could.
To return to the point made by the Chairman of the Select Committee about full retention of business rates, which will happen by the end of this decade, I think that all local authorities will look to raise additional business rate. Other funding streams for councils that are becoming more and more important are additional council tax, widening the council tax base and the new homes bonus. It is absolutely in every council’s interest to ensure that it is doing its utmost to keep its area clean, tidy and free of fly-tipping for that reason alone. Effectively, it will become an investment to bring in additional revenue for councils.
I heard what the hon. Member for Heywood and Middleton said about household recycling centres, which several other Members mentioned as well. It is encouraging to see many councils working with charities that collect items, even from people’s homes. It is extremely positive when items coming into recycling sites go straight into shops right next to the site; I have a very good example of that in my constituency. Goods go on sale that many people on lower incomes can easily access, and it reduces the prevalence of litter and fly-tipping.
On the point about household recycling centres and municipal tips, as the hon. Lady called them—that is the term that I have always used; in my local area we say “going up the tip”—and on the comments made by my hon. Friend the Member for Harrow East about councils charging for recycling of green waste and so on, it is obviously a decision for the local authority in question whether it wants to charge people to use a household recycling centre or to dispose of green waste. However, having experienced local government myself, I would say that those are services that local people expect to be provided, and they are concerned about it. As I said, in terms of the context of the change in how local government will be funded, I think that councils that do not think carefully about providing those services will meet challenges going forward in terms of generating the important income streams that they need.
When the Secretary of State came before the Committee to discuss these issues, we raised the point about monopoly services for which local authorities charge. We need to balance the cost of providing those services against the price that the local authority charges for those services. Given the wide disparity, will the Minister go back to his Department with the view that we need to review what is happening across local authorities to see whether there is any element of overcharging and profiting from such services that is then being used to subsidise other services?