Police, Crime, Sentencing and Courts Bill

Baroness Blake of Leeds Excerpts

Lords Hansard - part one & Committee stage
Monday 25th October 2021 Lords Chamber

[Lord Young of Cookham (Con)]

My Lords, this amendment is grouped with a number of other amendments giving priority for housing for those at risk. As I said at Second Reading, I very much welcome this Bill, particularly Part 2. I gave notice then that I would be tabling some housing-related amendments to make the Bill even better. I am grateful to Stella Creasy in another place, who has championed the cause of young people at risk and whose office has given me some very helping briefings.

The noble Baroness, Lady Blake, and I are job-sharing on this group. She will speak to Amendment 51, the principal amendment. In a nutshell, it seeks to specify in law what the Government say is happening anyway and should indeed be happening if best practice is to become universal in this highly sensitive area of gang violence, child exploitation and abuse.

Basically, the amendment would put children at risk in the same category for priority housing as families fleeing domestic violence—a measure introduced in the Bill as a result of pressure from, among others, my noble friend Lady Bertin. It would ensure that, instead of being forced to gather extensive evidence and demonstrate unique vulnerability—not easy if your life is under threat—such people were given priority for urgent moves. This would be automatic.

The noble Baroness, Lady Blake, will develop the case. I will confine my brief remarks to the other amendments in this group. Part 2 of the Bill outlines duties to collaborate to prevent serious violence. These amendments would ensure that housing authorities and registered social landlords were included in this new duty, and that there is timely information sharing between the police and housing authorities for the purpose of preventing serious violence. Any effective multiagency response must include housing; including housing in the Bill will support a comprehensive public health approach to tackling and preventing serious youth violence. Education, prison and youth custody authorities are listed in this part of the Bill but housing is not, despite the Explanatory Notes on this section of the Bill saying this on page 13:

“The Strategy explained that the Government’s approach was not solely focused on law enforcement, but depended on partnerships across a number of sectors such as education, health, social services, housing, youth services and victim services.”


These amendments complement those tabled by the noble Lord, Lord Paddick, and others involving the NHS and children’s social care, which we will come to in a moment.

Amendments 26, 29, 31, 38 to 40 and 44 would amend Clauses 7, 8 and 9. They would require the strategy for a local government area, as well as the related powers to collaborate and identify kinds of violence, to include housing authorities so that they are fully consulted as the strategy is drawn up and the actions they need to take are specified. The Minister may argue that, although the Bill specifies who must be involved in the plan—education, prison and youth custody authorities—it does not preclude others from being involved. However, as far as I can see, the Bill does not say that; it implies exclusivity to the three nominated authorities. Without Amendment 38, for example, housing authorities would not have to carry out their role in any plan to reduce violence.

Of the last amendments, Amendment 62 would require housing authorities to disclose relevant information, which they are not required to do at the moment. This is necessary. One serious review case study said that there was

“little evidence of the Housing Service being closely tied into the operational work of the Safeguarding Partnership. As a consequence information that was only known to the Housing Service took time to percolate to the other partners, while the implications of the housing stress under which Child C’s family was placed were not discussed in a multi-agency forum.”

Much of the violence that young people are at risk from is location-based, such as a gang on a particular estate. Housing providers may have an insight into this in a way that others do not. Without Amendment 62, that risk would persist; Amendments 66, 69 and 70 cover the same points.

These amendments would ensure that government policy is effectively delivered by ensuring that housing authorities are included in the Bill as key partners in protecting young people against gang violence. I beg to move.

[Baroness Blake of Leeds (Lab)]

My Lords, I support the amendments in the name of the noble Lord, Lord Young, to which I have added my name. I too pay tribute to Stella Creasy in the other place for her commitment and great foresight, as well as for the support of her team.

As we have heard, the purpose of this chapter is to prevent and reduce serious violence by requiring public authorities to co-operate and develop strategies for tackling this issue. The Government tell us that their aim is to build a public health approach to the reduction of serious violence. That aim is welcome only if we can put in place the right tools to achieve it. What we will keep coming back to throughout today’s debates is that a public health approach works only when it is genuinely focused on prevention and early intervention, and is properly invested in. If not, we will continue simply to treat the symptoms of serious violence, not its causes.

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[Baroness Williams of Trafford (Con)]

I think what I said to the House was that households containing dependent children have a priority need and that a person may be assessed as having priority need if they were considered to be significantly more vulnerable than an ordinary person would be if they became homeless as a result of ceasing to occupy accommodation by reason of violence from another person or threats of violence that are likely to be carried out. In terms of domestic abuse, it is widely acknowledged that domestic abuse crimes are committed inside the home, out of the view of the public, by household members. The changes made to the Domestic Abuse Act to extend priority need to people who are homeless as a result of being a victim of domestic abuse reflected that.

[Baroness Blake of Leeds (Lab)]

The Minister is setting great store by the guidance that is going to come forward. Can I ask her for reassurance that there will be adequate opportunity for those working on the ground to put across the point of view of the reality of dealing with families in some of the most distressing circumstances we could possibly imagine?

[Baroness Williams of Trafford (Con)]

Certainly, I completely concur with the noble Baroness and there will be ample opportunity to look at the draft guidance as well.

Police, Crime, Sentencing and Courts Bill

Baroness Blake of Leeds Excerpts

Committee stage
Wednesday 24th November 2021 Lords Chamber

Moved by

[Baroness Blake of Leeds]

292H: After Clause 170, insert the following new Clause—
“Offences under the Protection from Eviction Act 1977
(1) Where a local authority is investigating an offence under the Protection from Eviction Act 1977, the police must cooperate with the relevant local authority and provide relevant information to it. (2) Local authorities must review such information that they have received every year.”Member’s explanatory statement
This amendment would support procedure for dealing with illegal evictions.

[Baroness Blake of Leeds (Lab)]

My Lords, this amendment would improve enforcement against illegal eviction. It would provide for stronger partnership between the police and local authorities to combat this serious crime, requiring co-operation and the sharing of relevant information by police forces. In almost all cases, an eviction is legal only if it is performed by court-appointed bailiffs. Anything else is an unlawful eviction, and renters have been protected from these since 1977 under the Protection from Eviction Act. A landlord may seek to deprive a renter of their home through harassment, changing the locks, cutting off electricity or other utilities, and other tactics that circumvent the legal system. This is a criminal offence, with penalties including up to two years in prison. Although those protections have been in place for years, in reality tenants are far too often left unprotected. In effect, there is a failure to enforce the law. In 2019-20, local authorities across England reported 1,040 cases of homelessness caused by illegal eviction, yet there were only 30 prosecutions of offences under the Protection from Eviction Act.

We have to ask what is behind that exceptionally low prosecution rate. The impact of cuts to local authority budgets has meant that many local authorities do not have tenancy relations officers who are trained in this area of law. More crucially to today’s debate, this issue of training also applies to police forces, with significant problems arising because forces lack officers and call handlers who are fully trained to respond to such incidents. Where the police do not recognise the criminality of these tactics on the part of landlords, it leads to underreporting of incidents and to those reported being routinely classed not as a criminal offence but as civil matters or breaches of the peace.

Although London Councils reported 130 incidents of homelessness caused by illegal eviction in 2019-20, the Metropolitan Police recorded only a 10th of that number of offences. In addition, in recent evidence to a Senedd committee, Shelter Cymru explained that it had encountered police assisting illegal evictions of tenants from their homes.

Amendment 292H is a small step which builds on the principle of partnership between local authorities and the police, strengthening their ability to prevent illegal evictions, prosecute offenders and ultimately deter landlords from using such tactics. It would require the police to provide local authorities with the information they need to investigate suspected offences and, as part of that, to increase police forces’ awareness of the offence. As part of a much-needed package, these changes must also inform police training programmes to ensure that illegal evictions are recognised and responded to.

The key questions for the Minister are: what are the Government doing to improve the dismal prosecution rate of this offence and what is being done to find and replicate good practice by police forces on this issue? For example, South Yorkshire Police routinely provides Sheffield council with incident logs to help support eviction cases.

The process of being evicted is most likely to be a traumatic experience when done legally. Being evicted illegally, often with nowhere to go and with one’s belongings dumped on the street, can be devastating. Renters should know that, when they reach out for help, police and local authorities will both recognise and be able to provide support against illegal activity. Failure to do so erodes trust and paves the way for increasingly serious problems, including homelessness.

I look forward to hearing from my noble friends Lord Hunt and Lady Armstrong on their important amendment in this group, which addresses protecting children both from violence in their own home and from exploitation outside it. Since the delay from the other evening, there are two additional amendments in the group, Amendments 320 and 328. I look forward to hearing the contributions on those. I beg to move.

[Lord Hunt of Kings Heath (Lab)]

My Lords, I want to speak to my Amendment 292J. This is a pretty heroic group of amendments in a bid to assist the Committee.

There is a connection between the amendment in the name of my noble friend Lady Blake and mine, because her amendment is about encouraging collaboration between the police and local authorities. I too want to see such collaboration. I want to add to that the NHS and other local bodies and, essentially, give a huge boost to support for services for vulnerable children. If we were able to do that, it would have a massive impact on the lives of those vulnerable young children but also ensure that far fewer of them went through our criminal justice system in later life, hence my justification for bringing this amendment to your Lordships today.

I am very much relying on the recently published report of the Public Services Select Committee. I am delighted that my noble friend Lady Armstrong, who excellently chairs the committee, is with me today, and I pay tribute to the members, some of whom will make a brief intervention in this debate, and the staff for their excellent work and the report.

The number of vulnerable children was increasing before Covid hit us, but, since March 2020, the crisis has accelerated. More than 1 million children are now growing up with reduced life chances, and too many end up in our criminal justice system. Despite this, the Government have not yet recognised the need for a child vulnerability strategy. Unfortunately, the results of not having one are readily evident. Our inquiry showed a lack of co-ordination on the part of central government and national regulators, which has undermined the ability of local services to work together to intervene early and share information to keep vulnerable children safe and improve their lives.

This poor national co-ordination means that many children fall through the gaps. In 2019, the Children’s Commissioner warned that more than 800,000 vulnerable children were completely invisible to services and receiving no support. We think this unmet need is likely to have grown during the pandemic. The Select Committee surveyed more than 200 professionals working with children and families and they reported increases of well over 50% during the past 18 months in the number of children and families requesting help with parental mental ill-health or reporting domestic violence and addiction problems in their home.

The problem is that public services are just too late to intervene before trouble comes. In our most deprived communities, too many children go into care and have poor health and employment outcomes. They are excluded from school or end up in prison.

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[Baroness Williams of Trafford (Con)]

As for what is wrong with Amendment 320, I explicitly said to the noble Lord, Lord Best, that the Government agree that the time has come to consider the Vagrancy Act. There is an opportunity to speak to the appropriate Minister before Report to answer some of the questions that have been asked this afternoon. I do not know the answer to the second question, but I will write.

[Baroness Blake of Leeds (Lab)]

My Lords, I pay tribute to the contributions that we have heard this afternoon. They have been incredibly thoughtful and based on evidence. On my Amendment 292H, we have heard many examples supporting the words that I used: there is evidence out there of what works, in the same way that there is evidence of what does not work. This is a real opportunity to get to grips with this issue for the sake of the victims of eviction and their families. I assure the Minister that everyone who has access to evidence will be extremely happy to supply it, with the expectation that it will be considered as we make further progress with this Bill. This is a real opportunity to get things right.

I thought that I was going back a long way, to 1997, not back 200 years, but it clearly is not good enough that, where there are powers, they are not being used. My noble friend Lady Chakrabarti put it well: there must be an express duty to focus minds. It is not enough for us to say that in certain parts of the country this is being done. I can attest from my time as leader of Leeds City Council that there was incredible progress in this area and a real expectation that everyone would come to the table. Not sharing data was never an excuse. It was expected and supported by all the partners. It can be done everywhere but it is not being done everywhere. The resources are not there within the police or local authorities—they are diminishing—to ensure that enforcement is seen through. We are talking about innocent victims who suffer from the lack of enforcement. I made the point that all we are asking for is a simple change, through the amendment, that would bring to an end so much misery for people that does not need to happen.

Police, Crime, Sentencing and Courts Bill

Baroness Blake of Leeds Excerpts

Lords Hansard - Part 2 & Report stage
Wednesday 8th December 2021 Lords Chamber

[Baroness Blake of Leeds (Lab)]

My Lords, I rise to support the amendment in the name of the noble Lord, Lord Young, to which I am pleased to have added my name; and I would like to take this opportunity to commend him for continuing to pursue the important issues raised and for the clarity in his exposition of the points in front of us. Given the lateness of the hour and how much pressure we know we are under with this Bill, I hope I will not repeat too often some of the points that have been raised already.

In speaking to this amendment, I would like to emphasise that we are aiming to protect some of the most vulnerable children and young people in our communities. I would like to highlight the comments the noble Lord made, knowing of the increased risk to a young person of exploitation and abuse that comes from vulnerability around their housing situation. We know, in the communities where young people are targets of gangs in particular, just how difficult it is to protect them if they are not given the full support from all the agencies that could be involved to help them—and we know that a safe and stable home is a key element in preventing and reducing youth violence.

There surely cannot be anyone in this Chamber who does not want to see an end to the sickening violence that is cutting short the lives of so many young people in the most harrowing of circumstances. The question is, as always: what further steps can we take to prevent such tragedies occurring? For the sake of brevity, I do not want to go over again all the arguments I made at Second Reading, and I will focus my comments on subsections (c) and (d) of the amendment at the end.

I must admit that I find the argument that changes are not necessary because local authorities already have “discretion” to grant priority in the area of rehousing to be far wide of the mark. Unfortunately, we know that local authority interpretation varies and often leaves the onus on immensely vulnerable families to provide evidence at what can be the most traumatic time of their lives. When asked, three in four local authorities have no specific policy governing how they treat people applying for a priority need because of serious violence. In effect, a postcode lottery has been created.

We need to be completely focused on coming up with practical solutions to what I believe are solvable problems. This new clause would ensure that families with members at risk of gang violence are given the support they need, rather than placing it on a legislative footing. This amendment seeks to update the guidance issued by the Government to ensure that all agencies are adequately protecting those at risk of serious violence—in effect, ensuring that all agencies are working together to protect those at risk and that, in this particular case, housing providers are automatically included. There are areas in the country where that relationship exists, and the results speak for themselves.

This new clause seeks to specify in law what the Government say is often happening anyway. Instead of people at risk of serious violence being forced to gather extensive evidence and demonstrate unique vulnerability—something not easily done when you are under threat or in a crisis—this would make the process automatic, as we rightly recognise should be the case for those threatened by domestic abuse.

Subsections (c) and (d) would ensure that housing providers are included in any collaboration around the reduction of serious violence. The Police, Crime, Sentencing and Courts Bill sets out the Government’s ambition to reduce violent crime and address the root causes of serious violence across England and Wales, by making sure that public bodies work together to stop serious violence. However, at present the Bill does not include housing as a partner agency.

The new collaboration duties can play an important role. Given the role which housing often plays in serious violence, whether because of the location of specific threats or criminal activity around particular locations, it is vital that these providers are not locked out of discussions because they are not specified in legislation. By ensuring the guidance specifically includes them, the Government can guarantee that the all the expertise of this sector will not be ignored.

I conclude by repeating the comments of the noble Lord, Lord Young, on bringing in the costs situation. This is about young people’s lives. I hope the Minister can provide further clarity and more progress, as the noble Lord, Lord Young, asked for.

[Lord Paddick (LD)]

My Lords, we support this amendment. As I said in Committee, it is not just victims of domestic violence that need help and support from housing authorities to escape serious violence; young people groomed and exploited by criminal gangs, for example, also need and deserve to be urgently rehoused in certain circumstances. The police need to provide information to housing authorities where they believe that someone is being coerced into criminal activity, where they are being threatened with serious violence if they do not comply, and where the police believe that taking the person out of that scenario by rehousing them can reduce the risk of serious violence. Many of the young people involved in county lines drug dealing have been groomed into criminality and been the victims of child criminal exploitation. They and their families are often terrorised by those higher up the drug-dealing network. In this sort of scenario, the police need to work with social housing agencies to provide a route out of serious violence. We support the amendment.