High Rise Social Housing: Reducing Fire Risk

Andy Slaughter Excerpts

Tuesday 14th September 2021 Westminster Hall

[Christina Rees (in the Chair)]

Before we begin, I encourage Members to wear masks when they are not speaking, in line with Government guidance and that of the House of Commons Commission. Please give each other and members of staff space when seated and when entering and leaving the room. Members should send their speaking notes by email to [e-mail]. Similarly, officials should communicate electronically with Ministers.

[Andy Slaughter (Hammersmith) (Lab)]

I beg to move,

That this House has considered reducing fire risk in high rise social housing.

It is a pleasure to be here under your chairship, Ms Rees, and to speak about the subject at last, because I have been trying to obtain this debate for some time. It is a shame it clashes with the Building Safety Bill evidence session, but that shows how important these issues are to the House, and they will remain so for a considerable time.

The human tragedy of the Grenfell Tower fire was apparent from the morning of 14 June 2017 as the world woke up to the horrifying images of people killed in their own homes in a particularly savage manner. Four years later, the scale and depth of that tragedy are only now being explored. The Grenfell inquiry is still years from resolution, however, interim investigations, such as the Hackitt report, have provided some clue to the comprehensive failures in the building industry. The Government have been slow to legislate, but earlier this year the Fire Safety Act 2021 was passed and Parliament is currently considering the Building Safety Bill.

Much focus has rightly been on the priorities for action, such as the removal of flammable cladding from the exterior of tall buildings and who will pay for the huge remedial costs, in particular whether the costs should fall on leaseholders given they had no knowledge of the risks they were taking on and do not have the means to meet bills that, in some cases, are higher than the price they paid for their homes. Members may wish to raise these issues and others today, but my purpose in requesting the debate was to highlight two aspects of the crisis exposed by Grenfell that have not received sufficient attention. It is not by coincidence that they both relate to social housing.

Anyone who watched Daniel Hewitt’s distressing documentary, “Surviving Squalor: Britain’s Housing Shame”, on ITV on Sunday night and saw some of the conditions social housing tenants are living in in 2021 would have been sickened by how far the sector has fallen from its post-war pride and ambition. I am sure every Member present has horror stories of neglect, under-investment and poor service to relate, but Grenfell has exposed how the failure of some Governments to invest and of some landlords to show a duty of care has become a threat not only to the quality of life of millions of tenants and leaseholders, but to life itself.

In the second part of my speech, I want to deal with the causes of fire in social housing, especially electrical fires, and why more is not being done to prevent them. First, I want to comment on the consequences for social housing landlords and tenants of the costs of undertaking fire safety works. This morning, Inside Housing—all of us, particularly the Government, should be grateful for its investigative work throughout this crisis—published a story that One Housing, one of the G15’s supersized housing associations, recorded a deficit of £25 million for the last financial year. In the same year, it spent £27.3 million on fire safety work to its stock.

Over the next five years, One Housing expects to spend £200 million on such works. Clarion, another of the G15, estimates it will spend £150 million in the next four years, and in total the 12 biggest housing associations will spend an estimated £3 billion over the next decade. Yes, that is right: 12 housing associations will spend £3 billion when the Government’s total building safety fund stands at £5 billion, and the National Housing Federation says the total bill for the sector will be £10 billion. Clarion told me that it expects to receive £5.4 million from the BSF of the £150 million it will spend. That shortfall is significant, not only for the association as a housebuilder and landlord, as we shall see, but for its leaseholders. Like most associations, it will try every other source of revenue, including builders, developers and the BSF. If all else fails, it will bill the leaseholders. Tenants lack even that mitigation; there is no BSF for them. The majority of the costs social landlords must bear will come from their existing income streams—mainly rents—or from diverting funds from other services, from repairs to new developments. Expect more Daniel Hewitt documentaries in the years ahead.

I contacted the main social landlords operating in my constituency that are tackling significant remedial works with a series of questions, including how much they were spending on remediation. The London Borough of Hammersmith and Fulham said it will apply to the BSF but

“the remainder is from the Housing Revenue Account.”

To its credit, it added that

“leaseholders are not being charged”.

Catalyst says that

“overall, we expect to invest over £109m remediating our high-rise portfolio”.

It has secured £22 million from the BSF, but will charge leaseholders where grants are not available. Shepherds Bush Housing says that

“the total cost of our building safety programme is estimated to be over £40m”.

For buildings under 18 metres, or where grant is not forthcoming, it is concerned that it may have to pass on costs to leaseholders. Notting Hill Genesis estimates a bill of £41 million for the last financial year, and will pass on costs where third-party funding is not forthcoming.

Almost every landlord said the unrecovered costs of fire safety works will impact significantly on core functions and other duties. That means fewer, slower repairs and fewer staff to manage properties and to liaise with residents. Members who already have a full inbox of housing casework will groan, as will tenants and leaseholders, at the prospect of a continued rapid decline in the resources and services available.

The most shocking effect will be on development programmes and new home building. Shelter estimates the need for 90,000 new social homes a year. Last year, 6,000 were built. Earlier this year, the Financial Times carried a report based on evidence from Clarion, Peabody, Network Homes and the L&Q group—four of the biggest landlords—that the number of affordable homes built over the next five years would fall by 40% as a direct consequence of fire safety works. Small and medium-sized associations have even less room for manoeuvre. Shepherds Bush Housing estimates a 50% cut in the development budget and less planned maintenance spend.

[Ms Karen Buck (Westminster North) (Lab)]

My hon. Friend is quite right to focus on the implications of these costs and how they will affect the repairs and development programmes. Does he also recognise an additional issue that the Government have not addressed over a number of years? Local authority housing contains a high proportion of leaseholders within that stock. Even where a local authority wishes to carry out fire safety works, as was the case in mine, the fact that there is no clarity about the right to go into leasehold properties and to require leaseholders to have the works done means that it does not even get the fire safety works carried out, and many tenants are left at risk as a consequence.

[Andy Slaughter]

As always, my hon. Friend is on top of her brief. That is a very important point that the Minister and shadow Minister may wish to address. Many people who looked at the Building Safety Bill think that the provisions for access are inadequate or overly bureaucratic, and simply will not work. We have already seen that happen with the problems that Wandsworth Council has had with retrofitting of sprinklers, where there is resistance from leaseholders. There has to be a way, as with gas safety and so on, of ensuring that where the safety of the occupants of a block as a whole is at risk, it is possible to carry out works in a comprehensive way.

[Tulip Siddiq (Hampstead and Kilburn) (Lab)]

I want to make a point about mental health and the impact of the cladding scandal. I would like to read something from one of my constituents who lives in a dangerously clad building:

“When I look outside my window, I see Grenfell Tower on the horizon. I have lived in this area for years and what happened on that night pains me very much to this day...And now to think that I, like them, live in an unsafe building and that I face an unknown but certainly very high bill to fix it gives me great anxiety.”

Does my hon. Friend agree that this is a hell that no one should go through?

[Andy Slaughter]

That is absolutely right. It is a triple whammy. There is the fear of living in an unsafe building with one’s life potentially at risk; there are the huge, unaffordable costs I have already mentioned; and there is the extra feeling of being trapped because one’s property may have a nil value, so it is impossible to move on with one’s life, start a family and so on. It is difficult to imagine a previous crisis with such an impact on so many people, and frankly that is why the Government’s response so far has been inadequate.

[Stephen Doughty (Cardiff South and Penarth) (Lab/Co-op)]

As usual, my hon. Friend is making some excellent points, and I totally concur with the comments made by my hon. Friend the Member for Hampstead and Kilburn (Tulip Siddiq) about the mental health impact—I have heard similar things from my own constituents. In that regard, I praise the work done by Cardiff Council, particularly Councillor Lynda Thorne, in responding very quickly to the crisis in the council-owned blocks by taking action and carrying out the additional tests necessary to identify the problem; I also praise the Welsh Government for making £10.5 million available for social housing, which has benefited 12 blocks, including some in my constituency. But the problem remains, in that the Welsh Government still do not have clarity from the UK Government on the available funding for consequentials. As a result, they are unable to move forward with the wider building safety and fire safety funds that would operate for other social clients and those in the private sector affected by the same mental health difficulties as those social clients.

[Andy Slaughter]

That is another excellent point. I realise I am being quite critical of social landlords. We have to be, because sometimes they fall down on their duty quite spectacularly, as the documentary showed. However, I am glad that my hon. Friend has reminded us that most social landlords—councils and housing associations—are trying their best for their tenants and leaseholders, some of whom are very poor or have particular vulnerabilities. Whoever their tenants are, those landlords can only work with the tools at their disposal. The systematic cut in the housing subsidy over the last 10 years and the additional pressures that will continue, not just from fire safety, but from retrofitting in relation to carbon reduction, mean that we are often asking them to do the impossible—you cannot get a quart into a pint pot.

It is very easy for the Government to pass the buck, and that is exactly what the Housing Secretary did in the Hewitt documentary. “Nothing to do with me, guv”, he said, when asked about the fact that he, or his Government, had cut the budget of local authorities by 40% over the past 10 years.

[Sir George Howarth (Knowsley) (Lab)]

I congratulate my hon. Friend on securing this important debate. Does he agree that the sources of anxiety that others have referred to inevitably lead to mental health problems? And does he agree that it is time to bring this to an end by introducing a scheme to address all of the concerns people have as comprehensively as possible?

[Andy Slaughter]

I agree with my hon. Friend. We are talking about very large sums of public money, but we are also talking about both a moral duty and resolving a practical problem, which we seem to be very bad at in this country; look at the contaminated blood scandal, and how it took decades for the inquiry to take place and, hopefully, to reach an outcome. The Grenfell inquiry is under way. I hope that the Government will accept its recommendations and that they will provide a full response not only to that individual tragedy, but to the problems we are talking about today. However, there is a lot that the Government can do in the meantime. The Building Safety Bill is supposed to be a major tool in that respect, yet there are major gaps in it.

I said I would have very few questions for the Minister. The deal is that he answers them, but we will wait and see what happens. I have just one question in closing the first part of my speech. What will the Government do to prevent the effective collapse of the social housing sector as a provider of new homes? That is what we are looking at over the next five to 10 years if the full costs, apart from the small amounts that are payable from the current building safety fund, fall on to social landlords, tenants and leaseholders.

Electrical safety is an issue that has particularly concerned me for some years. Grenfell Tower, Lakanal House, Shirley Towers and Shepherd’s Court—the last in my constituency—were among the worst fires in high-rise buildings in the past 12 years. All were social housing, and the first three led to the deaths of residents or firefighters. They had something else in common: they were all caused by electrical appliances—a fridge freezer, a television, a light fitting and a tumble-dryer. That should not be a surprise. Each year in England, 54% of all household fires are caused by an electrical source of ignition. This is not unique to social housing. Private sector rental property also has a poor history of providing and maintaining safe electrical items. Fires in the home can be fatal for the people who live there, but they can quickly turn into a catastrophe when they happen in high-rise blocks.

Increasingly, hard-pressed families across the UK rely on cheap or second-hand electrical items in their homes. They seek out deals for electrical goods online. Retailers such as Amazon, eBay and Wish host independent sellers, some of which have been found to be selling fake or faulty electrical goods. Just as Grenfell exposed the poor standards of building regulation and inspection, events such as the recall of more than 5 million Whirlpool tumble-dryers have shown that consumer safety in this country is in a parlous state.

With trading standards services cut to the bone and almost no national co-ordination, in 2018, mainly as a result of the Whirlpool fiasco, the Government set up the Office for Product Safety and Standards. However, that body has a budget of only £14 million a year. In the words of the recent National Audit Office report,

“There are gaps in regulators’ powers over products sold online, local and national regulation is not well coordinated despite improvements, and the OPSS does not yet have adequate data and intelligence…Until it establishes a clear vision and plan for how to overcome the challenges facing product safety regulation and the tools and data needed to facilitate this, it will not be able to ensure the regime is sustainable and effective at protecting consumers from harm.”

That simply is not good enough. Consumers are put at risk at every point by unsafe electrical goods, and less well-off people suffer the most as they rely on cheaper models and second-hand or reconditioned equipment.

The Shepherd’s Court fire on Shepherd’s Bush Green on 19 August 2016 was caused by a Whirlpool tumble-dryer being used according to the manufacturers’ instructions, despite a serious known fault. We need better standards of manufacture. Plastic-backed fridges like the one that started the Grenfell fire had long been banned in countries such as the United States. We need registration of electrical goods to allow effective recall when faults are discovered. Typically, only about 20% of goods are recalled in that way. In the absence of those policy changes, which I am afraid the Government show no sign of making, we need regular inspection of electrical appliances.

Private tenants are protected by a legal requirement that landlords ensure all electrical items are tested for safety every five years, but social tenants are not. That needs to change. Given what I said earlier, I am not advocating inflicting additional costs on social landlords. I know from its brief for this debate that the Local Government Association is concerned about that, and thinks that the onus should lie on manufacturers. I do not disagree with that—if we manufactured safer products, we would not have so many failing inspections and so many recalls—but in the absence of that happening, the Government must support social housing providers to carry out these essential tests. They must make that a legal requirement and recognise the costs involved.

I am pleased to say that there are some positive signs here. The Housing, Communities and Local Government Committee recommended five-yearly checks in its prelegislative scrutiny of the Building Safety Bill, and the Government’s social housing White Paper last November conceded that,

“Safety measures in the social sector should be in line with the legal protections afforded to private sector tenants.”

That is all we asked, but the Government did not accept amendments to the Fire Safety Act 2021 on those lines when I proposed them in Committee. Undaunted, I introduced a presentation Bill earlier this summer—the High-rise Properties (Electrical Safety) Bill—and no doubt we will try again in the Building Safety Bill. When I say “we”, I mean in particular Electrical Safety First, which has led on this issue, but I should add my thanks more generally to the London Fire Brigade, Which?, Leigh Day Solicitors, and the all-party parliamentary groups on fire safety and rescue and on online and home electrical safety, which have also been active and vocal on many of these issues.

All I ask from the Minister today is an indication of the Government’s intent, or otherwise, on introducing electrical checks in social housing to prevent future Shepherd’s Courts or, indeed, future Grenfells.

Much more could be said about the type of modifications needed for social homes that go beyond cladding. Many tower blocks were built in the 1960s and 1970s. Social housing providers recognise that those homes must be brought up to current standards, but they need support to do that. Fire doors need to be replaced, sprinklers installed, windows inspected, fire alarm systems updated and new evacuation routes for disabled people established.

It is also important to think about the people who live in social homes across the UK. Due to the stability that social housing can provide, along with affordable rents and adaptable properties, elderly and disabled people make up a large proportion of social tenants. Evacuating a burning building is difficult enough, but for tenants across the UK who are elderly or disabled, it can become impossible.

Much social housing is overcrowded, especially in London, which is also the location of 55% of buildings over 11 metres in height. Where someone lives and who their landlord is should not be risk factors when it comes to fire safety. If the Government do not increase the building safety fund to include funding for all necessary remediations, including to social housing, the cost of such remediations will primarily fall on leaseholders and tenants, and social housing providers will be forced to use money that would have been ring-fenced for the building of new social homes.

At a time when the housing crisis is growing, it is scary to think that some of our biggest providers of social housing may not be able to afford to build homes in the future. It is clear, therefore, that the issue of fire safety in social housing is not an isolated one; it will have far-reaching consequences if we do not get this matter right.

On behalf of the tenants and leaseholders of Factory Quarter, Sharp House, Ainsworth Court, Oaklands Court, Invermead Close, Fraser Court, Kelway House, Sulgrave Gardens and many other blocks in my own constituency and many, many more around the country, I ask the Minister, and indeed the Government as a whole because this issue goes across several Departments, to ensure that we are at least moving in the right direction—that is to say, to ensure that social housing provides good quality, affordable and safe housing for people across the UK.

[Christina Rees (in the Chair)]

I do not think we need concern ourselves at the moment with time limits for speeches.

--- Later in debate ---

[Joanna Cherry]

I will come to that and am grateful to the hon. Lady for raising that issue, because I will address the position in Scotland. Before I do, I would lastly like to refer to the speech by the hon. Member for Rochdale (Tony Lloyd) and say what a pleasure it is to see him back, fully restored to health and making his usual thoughtful contribution on how we avoid exacerbating the housing crisis—again, mentioning the importance of sprinklers.

I now turn to the position in Scotland, where housing and local government are a devolved matter. Decisions on building materials, the removal of cladding and fire safety are the remit of the Scottish Government. This has enabled Scotland to require that buildings are constructed in a certain way that will aid the prevention of fires, which has contributed to Scotland’s having fewer properties with Grenfell-style cladding. Nevertheless, the Scottish Government are not complacent around the issue of cladding and have recently made a series of announcements in that regard.

On 19 March, before the general election in Scotland, the Scottish Government announced that subject to winning the election, which, of course, they did, homeowners whose flats had external cladding would be offered free safety assessments to determine which properties had material needing to be removed. This proposal, which was intended to pave the way for public funding for remediation, was a key recommendation in a report published last March. All the recommendations in that report were accepted by the Scottish Government, who are committed to invest all the funding received so far in consequentials from the UK Government to address cladding problems. Future consequentials are yet to be clarified and I would like to raise that with the Minister, but they will also be put to this work.

The single building assessment programme in Scotland was launched in August and safety assessments are commencing on a number of properties. It has been welcome across the board, particularly because the cost for the assessments is to be borne by the Scottish Government, not homeowners. The assessments will be undertaken by suitably qualified professionals working to a common standard and will encourage collaboration between individual owners, residents and factors.

On 19 August, the current Scottish Government Housing Secretary, Shona Robison, explained that 25 buildings deemed to be most at risk have been identified for the assessment scheme, which will be delivered free, as I said. Physical inspections are under way to identify buildings that may need dangerous cladding removed or highlight other potential issues, such as flammable insulation or missing fire barriers. The Scottish Government have said they are fulfilling their commitment to support homeowners and improve building safety. Their priority is to ensure the safety of people in their homes.

These assessments are available for all buildings, regardless of tenure. That includes local authority and registered social landlord buildings, although the remediation of local authority buildings is a matter for each individual council. Clearly, this assessment procedure and the funding available will cover the social sector. As I said, the Scottish Government have not yet been given clarity about how much or when they will receive further funding promised by the UK Government. I would like to press the Minister for any clarity that he can give on that today.

Finally, before I leave the floor to other speakers, as we have heard there is far more to fire risk than cladding alone. We must have a holistic approach to address the overall issue of fire safety, particularly in high-rise buildings. That is an approach that my colleagues in the Scottish Government have endeavoured to follow.

In October 2019, the Scottish Government introduced new regulations that lowered the height at which combustible cladding could be used from 18 metres to 11 metres, to align with firefighting from the ground. They tightened controls over the combustibility of cladding systems on hospitals, residential care buildings and entertainment and assembly buildings, regardless of building height. They introduced a regulation requiring two escape stairs, evacuation alert systems and floor-level indicator signs in all new high-rise domestic buildings.

They have also recognised the importance of the installation of sprinkler systems. A requirement to install sprinkler systems in all new-build flats, new social housing and certain multi-occupancy dwellings was introduced from 1 March 2021. Funding was put in place to assist social landlords in meeting the new standards for fire and carbon monoxide protectors in Scotland by February 2022. The Scottish Government have provided an interest-free loan fund, repayable over five years, which has paid out over £15 million.

[Andy Slaughter]

The hon. and learned Lady is coming to the end of her speech, but she is making a very strong point about the factors that are missing—the lacunae—in what the Government are proposing at the moment. Maintaining the height at 18 metres allows new buildings to be constructed that are already potentially dangerous. I have 20-storey buildings being constructed in my constituency that have a single staircase. We must get all these things right. As she correctly says, this is not just about cladding.

[Joanna Cherry]

I entirely agree. We must get these things right and we must base new regulations on evidence. In particular, the Government need to liaise closely with the fire service, which has happened in Scotland. The Scottish Government have provided funding of £870,000 per year for the last two years to the Scottish Fire and Rescue Service to support its home safety visits to ensure that vulnerable and high-risk people can get the necessary alarms installed at no cost to them, so that they are safe in their homes.

To draw to a close, it is grossly unfair and unjust for any tenant or leaseholder to be left with the burden of removing cladding that they were not responsible for installing and to be left with the weight of fear and worry, and the impact on mental health that hon. Members have described, particularly since the horrors of the Grenfell fire. The UK must deliver the necessary funds for the remediation of cladding for all, and not leave tenants and leaseholders responsible for paying for the removal of this dangerous cladding. I look forward to hearing from the Minister in his summing up about the consequentials of funding that will be available for the devolved Governments.

--- Later in debate ---

[Andy Slaughter]

I genuinely thank everybody who has contributed today, including the Front-Bench spokespeople, for the thoughtful, measured way in which these issues have been addressed. We are not going to agree on everything, but I hope we can find some common ground. Perhaps, in the few minutes I have left to wind up, I will say, politely, where the areas are that still need some work and that are currently not being addressed by the Building Safety Bill, whose consideration is running in parallel with this debate.

I will just mention three areas. First, we need a more holistic approach to building safety, very much as the SNP spokesperson, the hon. and learned Member for Edinburgh South West (Joanna Cherry) said. This is not just about cladding or about buildings over 18 metres; we must look at medium-rise buildings as well. Responsible landlords, which includes most social landlords, are looking at those and making no distinction in relation to them, and it is artificial for the Government to continue to make that distinction for no other reason than additional costs.

The same is true for other defects. It is about not just cladding but, as we have heard, the way buildings are constructed, escape mechanisms, alarms, compartmentalisation, sprinkler systems and other things. There is a whole range of defects, and fixing those must be funded in some way. This is not even just about residential buildings; it is about schools, care homes, hotels and other places where people, for one reason or another, will find themselves vulnerable.

Secondly, we do not have, and neither has there been proposed, adequate law or enforcement of that law, whether we are talking about building safety or electrical safety. This is the opportunity to get those things right so that people can feel safe and secure in their homes. The most poignant thing that came out of the documentary on Sunday that we have all been talking about was people feeling that they were vulnerable in their own home, whether through extreme disrepair or lack of fire safety.

Finally—I hope everybody would share this view, including those on the Government side, but I noted it particularly in the speeches of my hon. Friend the Member for Vauxhall (Florence Eshalomi) and the hon. Member for Rutherglen and Hamilton West (Margaret Ferrier)—we should really champion social housing. Let us no longer have the Conservative party as the party that bashes social housing. If the Conservatives genuinely care about levelling up, they have to care about social housing.

That means housing conditions, planned maintenance and housing development cannot be the victims here. It cannot be that they have to fail in order for fire safety to be addressed. That is vital for millions of our fellow citizens. I hope the Minister understands that; from the tone in which he as addressed the debate today, he appears to understand it, and I hope that is true of him and his colleagues. If so, we will not have wasted an hour and a half in Westminster Hall today—although in any case, Ms Rees, it has been a real pleasure to be here under your chairship.

Question put and agreed to.

Resolved,

That this House has considered reducing fire risk in high rise social housing.