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Social Housing Bill [HL] Debate
Full Debate: Read Full DebateBaroness Lister of Burtersett
Main Page: Baroness Lister of Burtersett (Labour - Life peer)Department Debates - View all Baroness Lister of Burtersett's debates with the Ministry of Housing, Communities and Local Government
(1 month, 2 weeks ago)
Lords ChamberMy Lords, I support Amendment 65, in the name of the noble Baroness, Lady Neate, who has brought to this amendment her considerable experience in dealing with domestic abuse and homelessness.
It is not that long ago that the expectation was that, when somebody was the victim of domestic abuse, they had to leave their home and the perpetrator could be left in possession of the home. Thankfully, we have, in a number of ways, changed that thinking. Domestic abuse protection orders and domestic abuse protection notices in the Domestic Abuse Act have given powers to ensure that it is the perpetrator who leaves. I welcome Schedule 1 to the Bill and the efforts that the Government are making to provide greater stability and security to the victims of domestic abuse.
It is also not that long ago that we thought that domestic abuse was purely domestic violence and always had a physical violence element. As we know now, there is complexity to domestic abuse, which can include coercive control and economic control. It is in that sense that Amendment 65 is so important. It recognises that there are victims of domestic abuse who may be victims of economic coercive control and find that debt has been racked up by their perpetrator, unbeknown to them. When they are trying to leave, and trying to secure social housing for themselves, they find that that debt is against their name as well, perhaps as having been joint tenants, and find themselves in an impossible situation that has been created because they were a victim of the actions of the perpetrator.
I hope that the Government are going to look favourably on the amendment. An effort is being made by the Government through this Bill to change the scenario for those who are the victims of domestic abuse, but there is this loophole. The Government need to look at this element, given the knowledge we now have of the forms that domestic abuse can take and the greater understanding we have of the circumstances in which people can be left that are nothing to do with their behaviour, but purely because they have been the victim of a perpetrator.
I apologise that I was unable to contribute at Second Reading, but I am pleased to speak now in support of Amendment 65 and to follow the noble Baroness, Lady May, who made such a strong case. I am grateful to the noble Baroness, Lady Neate, for tabling the amendment. Given her experience at Shelter and Women’s Aid, I can think of no better person to take up this important issue.
The relationship between homelessness and debt resulting from economic coercion and abuse, which we have just heard about, was brought to my attention last year in a briefing on a book by Professor Katherine Brickell and Dr Mel Nowicki, Debt Trap Nation. This provided evidence on the general problem of domestic abuse survivors unable to qualify for housing because of restrictive housing allocation policies. They found that fewer than one in five local authorities specifically exempts survivors from housing-related debt rules. Indeed, significant housing-related debt is sometimes bracketed with being a perpetrator of domestic abuse under the rubric of unacceptable behaviour that provides grounds for exclusion from housing. Some debt is what the researchers called coerced debt, generated through financial transactions that the victim is told to make or is aware of the abuser making in their name. They cite the organisation Surviving Economic Abuse, which discovered that victims of economic violence were at high risk of having rent arrears. As Brickell and Nowicki note, debt chips away at women’s autonomy to make decisions in their own interests.
Moreover, as the Chartered Institute of Housing points out, children suffer as a result of these exclusionary policies. The researchers observe that adult and child domestic abuse survivors subject to them are, in effect, left in limbo in temporary accommodation until they can reduce or clear rent arrears. The effect on children can be traumatic. Reducing the number of children living in temporary accommodation is one of the main aims of the child poverty strategy as well as of the homelessness strategy, so the amendment would contribute to both. The institute explains why it believes action should be taken in this legislation, rather than await the statutory guidance promised in the announced allocations review, as legislation would be more appropriate and there is a strong case for not delaying the matter. This very much accords with the strong argument put by the noble Baroness, Lady Neate. A few local authorities already pursue this policy; for example, Bedford Borough Council states:
“A blanket policy will not be operated in relation to housing debt and each case will be considered on its own merits ...Where a housing related debt has arisen as a direct result of a person being a victim of domestic abuse the debt will be disregarded for the purposes of assessing the application”.
This is to be applauded, but survivors should not have to rely on the discretion of individual local authorities.
The Bill is so positive when it comes to the position of domestic abuse survivors that it would be a real shame not to include this amendment, or one that achieved the same aim. At Second Reading, my noble friend the Minister made it clear that this Bill should not be viewed as a Christmas tree Bill. That is understandable, but I believe that this amendment is no bauble to add to the tree but rather that it would strengthen the very roots of the Bill. It is totally consistent with the existing welcome provisions, as the noble Baroness made clear. Therefore, I hope my noble friend will be able to look upon it favourably before Report.
My Lords, Clause 12 and Schedule 1 introduce important new protections for social housing tenants experiencing domestic abuse. I welcome these measures, which will help ensure that victims can leave unsafe accommodation or remain in their homes safely without losing their tenancy rights. I also support Amendment 61, tabled by my noble friend Lord Best, which seeks to guarantee continuity of secure tenancy where a tenant’s safety is at risk. No one should be forced to forfeit their secure tenancy as a result of violence or intimidation.
It is the case that the availability of adequate social housing is often a critical determining factor in cases where a victim of abuse or intimidation is unable to access a new secure tenancy. A lack of safe, secure, high-quality housing can put people experiencing domestic abuse at risk of homelessness and can therefore make them hesitant to speak out. Improving partnership working and best practice between housing associations and local authorities, as well as clear guidance for social housing staff, will be vital for these important new protections to work effectively.
I am also speaking in support of Amendment 62 in the name of my noble friend Lord Best, relating to access for safety, to which I have added my name. I welcome the broad support for this amendment from the housing sector, including the Chartered Institute of Housing, the National Housing Federation and the National Federation of ALMOs. Housing associations are spending more each year to invest in existing homes but report increasing difficulty in securing access to residents’ homes to carry out essential inspections, repairs and safety works. This reflects a growing mismatch between duties and powers. Providers rightly face stronger statutory obligations to identify and remedy hazards, yet they lack clear and consistent legal routes to gain access in the small number of cases where residents just do not engage.
Social Housing Bill [HL] Debate
Full Debate: Read Full DebateBaroness Lister of Burtersett
Main Page: Baroness Lister of Burtersett (Labour - Life peer)Department Debates - View all Baroness Lister of Burtersett's debates with the Ministry of Housing, Communities and Local Government
(1 week, 4 days ago)
Lords ChamberMy Lords, I am very pleased to add my name to Amendment 76 in the name of the noble Baroness, Lady Neate, who has made a very powerful case indeed, and I will not repeat what she has said. She emphasised that my noble friend the Minister is extremely sympathetic—she made that clear in Committee. She also said that she thought statutory guidance was the answer but that if it proved not to be sufficient, then, in effect, we have the necessary primary powers to take action.
I simply want to ask my noble friend whether she could give an assurance that, in the event that the guidance proves insufficient as the noble Baroness, Lady Neate, has warned it might do, the Government will use those powers. Can she say what steps will be taken to monitor compliance with the guidance? What does she consider a reasonable period to assess the effectiveness of the guidance? Can she also say—and this echoes the noble Baroness—what steps will be taken to ensure local authorities are aware of the guidance and what is expected of them under it?
Baroness Teather (LD)
My Lords, I too was very pleased to add my name in support of the amendment tabled by the noble Baroness, Lady Neate. I want to also say a few remarks about the other amendments that we support in this group, and I will turn to them in a moment. Again, I will not repeat what the noble Baroness, Lady Neate, has so ably laid out, but I want to follow up the point from the noble Baroness, Lady Lister of Burtersett, that we would be pleased to hear a commitment from the Minister about what the Government will do if the guidance proves to be ineffective, how they will monitor whether it is effective and what the back-up plan is.
I think we are all of one mind that we want to see action on this point. Without action on it, that risks undermining the good work that the Bill lays out on support for victims of domestic violence. To leave one huge hole in the Bill would be very disappointing, and I know that the Minister is very committed to tackling this issue of financial abuse.
Briefly, we on these Benches also support Amendments 28 and 29 in the name of the noble Lord, Lord Best. I note in particular on Amendment 29 that it is not just a nice to have. The point is that there really is legal ambiguity; housing associations say that, without this legislation, they are in a difficult position if they are to be able to fulfil their legal obligations. The noble Lord indicated that the Minister has said that she is very sympathetic to this point, and I really look forward to hearing what she says on how she will meet the requests of housing associations there.
Finally, we welcome the expansion of scope in laying out and making sure that these provisions apply to other forms of abuse including, for example, sibling abuse or child-to-parent abuse. These are made available by the amendments that the Government have tabled here. We really welcome that change.