Cladding Remediation

Baroness Brinton Excerpts

Monday 25th November 2024 Lords Chamber

[Baroness Brinton (LD)]

My Lords, the very serious fire in a high-rise block of flats in Dagenham in August has resulted in the residents losing their homes and not even being able to access their belongings. They are also in real financial hardship. They are really grateful for the support from their local council, Barking and Dagenham, which has stopped them having to pay any council tax and provides weekly support meetings. Last Thursday, the owner of the building announced that it was to be demolished, without any discussion at all with the leaseholders and residents. The council cannot force the owner to the table, so I was very pleased to hear the Minister talk about enforcing remediation and working with people. Is there anything she can do to help these residents get the owner in front of them, so they can find out what is actually happening?

[Baroness Taylor of Stevenage (Lab)]

I am grateful to the noble Baroness for raising that issue, and to Barking and Dagenham Council, which acted very quickly to support the residents. A great deal of action is being taken on building owners who are not progressing remediation works, getting them to do so as quickly as possible. The enforcement action is strengthened by funding for local authorities, as I said earlier.

We all know that one of the great failings in the Grenfell situation was the failure to take residents’ voices seriously enough. We are clear that all projects should comply with the guidance in the code, and we will take action where needed if there is a failure to comply with the resident voice. The code is not currently legally binding; however, it does include references to legislation and has been developed in accordance with guidance and requirements. We will keep the status of that code under review, but there is redress for residents should they need to seek it.

Grenfell Tower Inquiry Report

Baroness Brinton Excerpts

Friday 22nd November 2024 Lords Chamber

[Baroness Brinton (LD) [V]]

My Lords, I declare my interests as a vice- chair of the All-Party Group on Fire Safety and Rescue and as a vice-president of the LGA. It is a pleasure to follow the noble Lord, Lord Stevenson, who laid out many of the Hackitt reform proposals that are so essential.

I start by paying tribute to the victims and survivors, many of whom had complained about the lack of safety in their building for many years, and the wider community around Grenfell. They still face many problems every day. I am pleased that the fire services have recognised their own failures but, as the Minister said in his opening speech, that is just the start of the failures of so many bodies, public and private. At the heart of this inquiry report is the evidence of the poor treatment of people, especially those already marginalised in our society. Sir Martin said it was a

“marked lack of respect for human decency and dignity … many of those immediately affected feeling abandoned by authority and utterly helpless”.

This could also be written about the other inquiry reports, such as Windrush and infected blood. All of us, whether Ministers, politicians, officials, staff or members of the public, must constantly challenge our own thinking and behaviour to make sure that we change. The tenant management organisation failed badly. Never again should social housing tenants be regarded as not worthy of safe housing, or treated as Grenfell tenants were treated. Never again should the vulnerable, especially the elderly and disabled, be regarded as not worthy of safety systems to get people out of burning buildings. It seems extraordinary that in the 21st century, and after 40 years of serious fires, we have to fight for the changes needed to ensure that buildings are safe, mainly but not only from fire.

Sir Martin Moore-Bick’s final report of the Grenfell Tower Inquiry is blunt that building safety has failed for decades in central government, local government and the construction industry. He says that every death single was avoidable. Can the Minister confirm that, as with the Infected Blood Inquiry report, the Government will review these recommendations at pace? Specific criticism about the deregulation of safety legislation is important. The failures of the construction sector, whether regulators, manufacturing companies, builders, maintenance or management agencies, are also shocking. The 2018 Dame Judith Hackitt report’s 50 reforms for the sector were accepted by Sir Martin Moore-Bick and the last Government in 2019. Key was the golden thread of safety, running through the sector from manufacturing construction to regulation and training. After the Hackitt report was published, the last Government accepted that they should implement it urgently, but it appears that only more consultation happened. The steering group on competencies for building a safer future, a sub-group of the CIC Built Environment Professions Together, has noted that:

“The Hackitt review suggests that a year should be required for completing this work, with updates every quarter. On 5 October 2020, the Competence Steering Group released its final report, Setting the Bar, which includes recommendations designed to produce a new competence regime for construction safety. In December 2018, James Brokenshire launched Building a safer future: an implementation plan”.


On 2 April 2020, in response to the Building a Safer Future consultation, the new Housing Secretary, Robert Jenrick MP,

“announced steps to introduce mandatory sprinkler systems and consistent wayfinding signage in all new high-rise blocks of flats over 11 metres tall”.

However, it went out to consultation and we still wait for government action. Can the Minister say when there will be an update in Parliament on the implementation of the Hackitt recommendations and the publications of the very urgent guidance?

The Fire Safety and Rescue APPG has repeatedly written to Fire Ministers about fire safety in flats over the last two decades. We had real frustration in getting Ministers to answer our questions, whether in person or in writing, including after each of the many serious flat fires and coroners’ reports that predate the Grenfell Tower fire, including Lakanal House. Most Fire Ministers over the last 20 years did not engage, not least because fires of this type were a multi-departmental issue. Speaking as a disabled person, I say that one of the areas that most worried me was that 40% of the disabled residents in Grenfell Tower died. There has been much debate in your Lordships’ House, during the passage of the then Building Safety Bill and other legislation, about how important personal emergency evacuation plans are. The excellent fire safety briefing by Triple A Solutions for Equitable makes a clear distinction between the appropriateness of the provision of PEEPs versus person-centred fire assessments. It also explains, in the subsequent pages, why it is so necessary.

The Local Government Association wrote to Dame Diana Johnson, the current Fire Minister, saying:

“As you will know the report of the second phase of the Grenfell Inquiry is expected to be published this Autumn. It is disappointing that your new Department will still not have implemented the recommendations of the first phase inquiry in relation to personal emergency evacuation plans (PEEPs) by this point, despite two years having elapsed since the closure of the second consultation on emergency evacuation. We are concerned that this failure may be at odds with the Home Office’s obligations under the Equalities Act and would welcome an opportunity to share our views with you in more detail”.


Dame Diana’s response concerned the recent announcement of the department’s plans to bring forward proposals and its recommendations. She said:

“More information on the detail of the proposals will be shared when we are able, including a formal response to the EEIS+ consultation, and we will engage with the LGA along with other partners in taking these forward”.


That is still very slow, with no firm date in sight.

I want to mention the duty of candour and the machinery of government. One of the most shocking threads through this report is that there has been no sense of responsibility and a lack of curiosity inside various government departments, by both civil servants and Ministers. That is why we have long supported the duty of candour and are pleased that the Government have committed in their manifesto to introduce it. When will legislation for duty of candour arrive? In the meantime, what changes have been made so that civil servants and public agencies always ensure that Ministers are told uncomfortable truths?

Changing the law alone is not enough. We know from when the duty of candour was introduced into the NHS that cultural change is also vital. Therefore, can the Minister outline the Government’s plans for culture change inside government? The Moore-Bick report also says that the machinery of government and its agencies failed the victims, principally through the interdepartmental working. Fragmentation and lack of curiosity resulted in action, delay and obfuscation, which cost lives. Ironically—or perhaps not ironically—this is also a criticism of the Infected Blood Inquiry report, the Hillsborough report and the Post Office Horizon reports. What steps are the Government taking to ensure that everyone across government knows which department is leading and how the current culture can be changed to ensure that no more tragedies like Grenfell can happen again? It is vital that the police and the CPS move at pace to review the report and investigate those individuals and organisations who Sir Martin said deliberately breached the law. Given the pressures on the police and the CPS, will the Government provide extra resources for this? Justice further delayed is justice denied.

Finally, how will the Government report back to Parliament on the progress of the recommendations? I ask this in light of the Dagenham fire in August. A resident of that block has been in touch, saying:

“The cladding on Spectrum Building had been mostly remediated. The cladding on the fifth and sixth floors had been replaced and held up quite well against the fire—the timber frame of the fifth and sixth floors is where the fire continued to spread … But the site clearly wasn’t safe. There was confusion over the alarms. Mandatory documents don’t seem to exist. And, most importantly, after the devastation, no one talks to residents. We have been treated terribly by the private companies who profit from the development. The local authority have done an excellent job in stepping in and helping us”.


I started by noting that we have a record of 40 years of fatalities. Eight years after Grenfell, there is still an urgent need for everyone involved—government, public services, the private construction sector, housing management agents, freeholders—to really dedicate themselves to making sure that Grenfell can never happen again.

Gypsy and Traveller Communities: Accommodation

Baroness Brinton Excerpts

Wednesday 6th November 2024 Lords Chamber

[Baroness Taylor of Stevenage (Lab)]

I thank my noble friend for that comment. When I was a councillor, I had a Gypsy and Traveller site in my own ward. It is important that all council officers familiarise themselves with the cultural issues around Gypsies and Travellers. Of course, we must all strive, always, to avoid division in our communities; it is very important that communities move forward together. If we are to achieve the full potential of our country, that is exactly what we must do.

[Baroness Brinton (LD)]

My Lords, following the withdrawal of the Gypsy and Traveller Accommodation Needs Assessments guidance of 2007, there has been a policy vacuum for the assessment of need. This has allowed private companies, that provide most of the Gypsy and Traveller accommodation needs assessments, to develop their own—and different—methodologies, leading to discrepancies in how those are undertaken. Will the Government develop guidance for local planning authorities on how to properly undertake Gypsy and Traveller accommodation assessments in consultation with Gypsy and Traveller civil society? Can such guidance issue a pitch target for social provision in the same way as bricks and mortar housing needs are assessed?

[Baroness Taylor of Stevenage (Lab)]

The noble Baroness makes a very important point. I will look at the National Policy Planning Framework when it comes out to see what guidance is provided. Other noble Lords have raised the issue of how this will be enacted. It is very important that local planning authorities demonstrate an up-to-date, five-year supply of deliverable sites. The planning policy for Traveller sites states that this should be a significant material consideration in any subsequent planning decision, so there will be enforcement powers to support the delivery of those sites as set out in planning guidance.

Social Care Strategy

Baroness Brinton Excerpts

Thursday 10th October 2024 Lords Chamber

[Baroness Brinton (LD)]

My Lords, it is a pleasure to follow the noble Lord, Lord Freyberg. I completely agree with him about the importance of technology and data, and will refer to it later in my contribution. I declare my interest as a vice-president of the Local Government Association. I very much enjoyed the maiden speech of the noble Baroness, Lady Keeley. She and I first got to know each other very well during the pandemic, because we were officers of the All-Party Group on Coronavirus, which had a busy time—we can probably leave the rest of it there. I also know about her passion for social care. She is a very welcome addition to your Lordships’ House.

I congratulate my noble friend Lady Tyler of Enfield on securing this important and timely debate. She rightly said that the debate must be reframed, and this has been reflected in the thoughtful contributions from so many Members of your Lordships’ House. I also thank the House of Lords Library and the many organisations that have sent us briefings.

Our Lib Dem leader, Sir Ed Davey, made social care a core policy for the Lib Dem manifesto in the recent election. His experience as a child carer when his mother was ill and dying, as well as his parental role as a carer to his lovely son John, means that he knows at first hand how vital social care is, especially the role of unpaid carers. It is good that a party leader has put forward such a comprehensive package of measures to increase support for the vital work that unpaid carers do. I think this is the first time in living memory that one party has had social care as its principal policy.

The Lib Dems also point out that the current structures of the health and social care systems, as well as the failures in the structural funding of social care, have brought the sector close to catastrophic failure. It is worth going back and reflecting briefly on the Dilnot report, commissioned by Labour and published in 2010, just as the general election happened. That led all three major parties to agree to work together to accept it; that acceptance happened by 2013. Legislation even went through, and the Queen signed the Bill. As Sir Andrew said in a podcast,

“in politics 101, you learn that once the Queen has signed the Bill, you’re over the line”,

but after the 2015 general election, the then Chancellor of the Exchequer postponed it until 2020. Five years later, there is still no change.

The Dilnot commission recommended a partnership model with a much more generous means test and a lifetime cap of between £25,000 and £50,000 on social care costs, to ensure that the state steps in when people face catastrophic costs that cannot be planned for. Sir Andrew said:

“It was a recommendation for social insurance, collective provision, with a relatively large excess”.


That is why I thank the noble Lord, Lord Lilley, for his contribution on the need for nationally funded insurance in the future. We have heard him speak of this regularly during the passage of the Health and Care Act and on various other occasions. Will the Government now look at this?

The noble Baroness, Lady Warwick, outlined the financial problems that local authorities have with the 20% drop in accessible money. This is compounded by the fact that, as a result of demographic changes, the number of those needing care is continuing to increase. We are nowhere near the peak yet.

One key point that has not really been covered so far today is that disabled people’s care is treated the same as elderly care. It is certainly completely inappropriate to use the same financial systems. When the Government come to look at whatever the new financial systems are, will they use a different frame for young adults with disabilities, who do not have years of working behind them to have their own home and other resources?

The noble Baroness, Lady Murphy, spoke of the need for dementia training for all care workers, and she is right. The social care sector needs to learn from good practice, but dementia training should be compulsory.

Many noble Lords have already commented on the workforce issues. I will not cover those again, but I note that 25% of the workforce is not British and 27% of the workforce is aged 55 or over, compared with 31% of the workforce across the economy. This is particularly worrying, as our demography means the need for skilled care workers will increase. There will be a horrible hole in a very short period.

It was good to hear from the noble Baroness, Lady Neuberger, that the Rayne Foundation will provide grants for workforce improvement. I hope that demography among the workforce will be looked at.

As many noble Lords have said, we must professionalise the roles in care. We need regulation—my party favours a royal college of care—but also progression and career pathways, including apprenticeships and innovative schemes to make it attractive to young people. In the Netherlands, some care homes now offer free accommodation and 10 hours’ work per week to local students to live on-site. Not only does this help students see the reality of social care, but there have been two unexpected benefits that may surprise us. First, some of the students have changed their entire view about what they want to do after they graduate and are now working in social care. Secondly, the engagement of young people living in the home means that residents’ health is improving, including slowing down dementia.

I am reminded of a project I saw in Japan 20 years ago, where a group of 80 year-old war widows got together to do about five hours’ work a week, to give themselves some money to be able to communicate with families who lived off the island that they lived on. Their GP said their care needs went down 30%. Why do we not learn from that?

The noble Lord, Lord Jamieson, also talked about healthy living and social prescribing. Its substantial increase over the last four or five years is one thing that the last Government got really right.

My noble friend Lady Thomas of Winchester spoke of the breadth of skills and the attitudes of excellent carers. We should celebrate them and their contribution to individuals, but we must remember that they also contribute to society as a whole.

The noble Lord, Lord Hunt of Wirral, talked about the need for outcomes regulation, but that will not happen without the shift that he also discussed. The noble Lord, Lord Murphy of Torfaen, talked about good practice in his local area, but I also argue, as my noble friend Lady Thomas did, for the need for lifetime home standards in new homes—M4(2)—which would transform the lives of elderly people and stop them having to move out of their own homes. This goes way beyond the area of social care, but it could transform it.

The noble Baroness, Lady Browning, talked about early intervention for people, and she is right that that will certainly reduce the need for care. The increasing use of fracture clinics, not just to mend the bones but to invite physios and occupational therapists to work with people after their first fall, is reducing falls in later life once people are home.

The noble Baroness, Lady Donaghy, is right that there is no need for a commission—many noble Lords have said that—but we have to reframe a national care service on a par with the NHS. It should not be the whipping boy. The noble Lord, Lord Murphy, is right that local services are vital in that. The noble Lord, Lord Turnberg, was also right to speak about funding.

I thought that the right reverend Prelate the Bishop of Oxford’s care covenant was interesting. The Church of England’s policy working group, with its excellent values-based dialogue, is really important—as is kindness, which perhaps the CQC ought to look at. If you go into a home and see kindness, you know that, if it is led from the top, it pervades everything that happens in that home.

The noble Lord, Lord Freyberg, spoke of effective data. Thanks to Skills for Care, we have excellent workforce data, but he is right that we also need demand data.

The noble Baroness, Lady Thornton, talked about an effective integrated service. She is right that it works. The problem is the funding structures; they are a real issue. For example, in my mother’s last days, my brother and I witnessed the argument between the NHS and the local authority about whether her nursing needs in the care home were as a result of dementia or the fact that her osteoporosis had cracked her vertebra. That was a ridiculous debate. She was an elderly lady who needed nursing care, and that problem should not have been going on.

The noble Baroness, Lady Pitkeathley, is also right that resources must be shifted from the NHS to social care. I do not want to hear another Minister say that delayed discharges are the problem. Every single NHS Minister says that, but they never actually tackle the problem, which is to change social care.

I thank the noble Baroness, Lady Fraser, for the warning about what is happening in Scotland. We should learn from those errors, too.

Many others have spoken about unpaid carers. Although I have already covered that with the work that our leader does, we absolutely know that we will fail our carers if we do not identify carers of all ages. We must commit to secure funding for care services, otherwise we will push them to the limits. That is particularly important for young carers because of the risk to them of losing their education and other support systems.

If we are the usual suspects on social care, it is time that Ministers started to listen. We have not discussed housing, transport or community activities—all those will also help. Labour’s response since the election has been disappointing, and I hope that the confidence of the noble Lord, Lord Dubs, that things will happen under this Government is true, because the time for action is now.

Housing: Modern Methods of Construction

Baroness Brinton Excerpts

Thursday 5th September 2024 Lords Chamber

[Baroness Brinton (LD)]

My Lords, I declare my interests as a vice-president of the LGA and vice-chair of the All-Party Group on Fire Safety and Rescue. I congratulate the noble Lord, Lord Carrington, via the noble Lord, Lord Moylan, on securing this important debate and on his excellent speech. I note that MMC are already used successfully in student and hotel accommodation in this country.

I shall focus on two things, the first of which is fire safety. Yesterday, the Grenfell inquiry final report was published. From these Benches, our hearts go out to those who lost family members and friends and, of course, their homes and everything in them. Fire safety standards must be at the heart of modern building methods. As importantly, the recommendations of both the Grenfell inquiry and the Hackitt report should be implemented, so that maintaining and adapting all buildings is always done in the context of fire safety.

Secondly, all new homes from now on should be built to M4(2), or lifetime, standards. This is not just about disabled people, although we certainly need to be able to live in and visit homes, whether owned or rented, that meet our needs. Shockingly, well over 90% of homes do not. I am talking about the homes we need to have as we get older. Habinteg Housing Association’s research shows that M4(2) significantly reduces the cost of care assistance, because people can manage for much longer in their own homes with level access, grab rails, wet rooms et cetera. But there is a further benefit too: staying in your own home, which is what people really want to do, delays the need for expensive residential care. There are typical savings of over £20,000 for basic home care services in unadapted homes, and considerably more in residential care. Lifetime standards would save substantial public money in the NHS, and in welfare too. The extra cost for building is well under 10% yet the quality of life and lifetime savings to individuals and the state make it an obvious thing to do.