Social Housing (Regulation) Bill [HL]

Baroness Sanderson of Welton Excerpts

Committee stage
Tuesday 6th September 2022 Lords Chamber

[Baroness Sanderson of Welton (Con)]

My Lords, I will speak to Amendment 30 in this group, but I first apologise for not being able to speak at Second Reading. Secondly, I declare my interests, as set out in the register, as someone who works with both the Grenfell community and Theresa May, who I shall mention in a moment.

The Grenfell Tower fire exposed a host of social housing issues, but in terms of this amendment it is important to highlight one in particular: the stigma that existed then and exists now, and which will continue to exist unless we take practical steps to do something about it. As the Green Paper on social housing showed, and as Theresa May said as Prime Minister:

“Some residents feel marginalised and overlooked, and are ashamed to share the fact that their home belongs to a housing association or local authority. On the outside, many people in society—including too many politicians—continue to look down on social housing and, by extension, the people who call it their home … Our friends and neighbours who live in social housing are not second-rate citizens.”


But for that issue to be addressed, those friends and neighbours must not be treated like second-rate citizens, not just by those on the outside but those on the inside, whose job it is to manage their homes.

We know from the Grenfell Tower inquiry what happens when the job is not done properly, when there is poor management and maintenance, no care and no respect, and when repeated pleas fall on deaf ears and people begin to lose hope. We also know that this was not a one-off. As the noble Lord, Lord Whitty, alluded to, the work done by Daniel Hewitt of ITV News and Kwajo Tweneboa on social media has proved beyond doubt that this is a widespread and deep-rooted problem.

I am not sure how we can expect the sector to improve unless we take active steps to professionalise it. We need to encourage people into the profession, to instil a sense of pride in what can be a difficult but rewarding career, and we need to recognise the essential part that social housing managers play in creating a thriving community, alongside our teachers, nurses and social workers, all of whom we expect to be qualified. As one resident of Grenfell Tower who was here earlier said, “You wouldn’t send your child to a school where the teacher was unqualified.” A properly functioning social housing system is just as important to a child’s welfare as its education.

As has been mentioned, it was the Conservative manifesto of 1951 that stated that housing

“is the first of the social services”.

It went on to say that

“work, family life, health and education are all undermined by crowded houses.”

The argument then was about numbers, and it still is—but it is also about standards and acknowledging the modern-day complexity of these roles. By registering social housing managers and ensuring that they have relevant qualifications, we can begin to drive up standards. As Shelter has pointed out, it also means that it will be better equipped to support residents suffering from domestic abuse or racial harassment, or who may be caught up in youth violence or harassment by criminal gangs.

The Government have already recognised the need for improvement, and they have launched a review. I appreciate that they need time to respond to that review, but if the response is not going to be available as the legislation progresses, it would be a terrible irony if that became the reason to reject this amendment, which is measured and reasonable in scope. It is not asking for that training to be made mandatory now; it is merely asking that the Secretary of State be given the power to establish requirements for qualifications and training in regulations. That seems reasonable to me, and this is the right legislation in which to place this power. If we miss this opportunity, it could be years before there is another chance. The Grenfell community has waited long enough for the change we promised them.

Doing it now will also allow the Government to be fleet of foot—a rare occurrence—when the time comes for professionalisation, as it surely will. Awareness of the problems in social housing is growing all the time, and with it so will calls for professionalisation. Meanwhile, we should be aware that lawyers representing the bereaved and survivors at the Grenfell Tower inquiry will be proposing professionalisation in their submissions concerning future recommendations, which will be heard later this year.

Instigating this change does not need to involve the creation of a whole new body. As my noble friend Lord Young mentioned, the Chartered Institute of Housing has an existing framework of qualifications, professional registration and a code of ethics and values, and this could all take professionalisation forward. There may need to be some tweaking, of course, but the infrastructure is already there. To that end, will the Government consider this amendment as one which will bring meaningful and lasting change?

I have probably spoken for long enough, but I leave the last words to the Grenfell community. As I have said before in this place, and as is relevant again now, they want Grenfell to be remembered not for what happened on the night but for all the positive actions that have flowed as a result. They believe passionately that professionalisation can be one of the most important elements of the legacy they have fought so hard for, for many years. We owe it to them to give this proper consideration.

[Baroness Scott of Bybrook (Con)]

My Lords, I thank the noble Baroness, Lady Hayman of Ullock, and the noble Lord, Lord Whitty, for tabling amendments relating to tenant engagement.

I begin with Amendment 6, in the name of the noble Baroness, Lady Hayman, which would require the regulator to consider appointing persons from different regions of the United Kingdom to the advisory panel. I hate to do this, but I point out that the Bill relates to the regulator of social housing in England alone. Therefore, it would be inappropriate to require representation on the advisory panel from the regions across the United Kingdom. That is a technicality that I should point out.

However, I understand that the aim of the amendment is to ensure that the panel is made up of a range of views. The social housing White Paper made it clear that the purpose of the panel was to provide independent and unbiased advice which would support the transformative change needed and build trust with tenants and social landlords across England. I am more than happy to put it on the record that I am clear that this means that the advisory panel has to be properly representative. I know that the regulator is fully committed to ensuring that that is the case. I am also sure that future Ministers will take a keen interest in ensuring that the advisory panel is delivering the broad representation we expect.

The noble Baroness, Lady Hayman, asked whether councils will be on the advisory panel. The Bill specifies a number of groups that must be included on the advisory panel. That includes councils, and we would expect the regulator to seek diverse views, including among local authorities. She also asked whether the Government will review the temporary nature of the advisory panel. As previously mentioned, the new regulatory regime will be reviewed after a four-year regulatory cycle, and that includes the advisory panel and its effectiveness. However, the panel is not envisaged to be a temporary body; it will continue to offer advice to the regulator on the discharge of its functions.

The noble Baroness, Lady Thornhill, said that she believes that prescribing factors that must be considered in deciding who makes up the panel is unnecessary and could tie the hands of the regulator. I agree—in fact, it might hamper the regulator’s ability to balance a range of factors to get the best range of views. The regulator already has several mechanisms for engaging with stakeholders, including a non-statutory advisory panel, which includes engagement with representatives from across regions within England. I hope that this reassures the noble Baroness that the Government are committed to ensuring that the panel is representative, including voices that reflect issues and views from across the country—that is, England.

Amendment 7 in the name of the noble Baroness, Lady Hayman of Ullock, would require a social housing tenant to chair the advisory panel and to have responsibility for setting its agenda. I am sympathetic to what drives this amendment—empowering tenants and ensuring they have a voice, which is what the Bill is all about—but I do not agree that it is desirable for the legislation to specify how the panel should operate or who may lead or set the agenda in this way.

I should make it clear that the panel is intended to allow a collection of diverse voices to share their knowledge and opinions with the regulator. I would also expect the advisory panel, with the regulator, to shape how it works and what it considers. I do not believe that having a tenant set the agenda, as chairman of the panel, is necessary to ensure that the views of tenants are heard. The Government also want the panel to consider the full range of other regulatory issues that the regulator has to tackle. While consumer issues are rightly at the forefront of the Bill, we are determined that the importance of economic regulation should not be diminished. A requirement for a tenant to chair and set the agenda would not support what we are trying to achieve. As I have said, in practice I expect that all members of the advisory panel, along with the regulator, will shape its agenda and how it operates.

I now turn to the important Amendment 30, also in the name of the noble Baroness, Lady Hayman of Ullock, which relates to professionalisation of the social housing sector. It is supported by the noble Baroness, Lady Thornhill, the noble Lord, Lord Whitty, and my noble friends Lord Young of Cookham and Lady Sanderson of Welton, and I will speak more about it in a bit. We know how important it is that social housing staff carry out their roles with a high degree of professionalism. That is why our social housing White Paper committed to review professional training and development in this sector, and to consider the appropriate qualifications and standards for social housing staff in different roles, including senior staff. To inform the review, we established a working group made up of resident groups, landlords, professional bodies and academics. We also commissioned independent research and undertook fact-finding visits to gather a wide range of evidence. We are now considering the most effective means of improving professionalism in the sector.

The noble Baroness’s amendment would allow the Secretary of State to set a requirement for persons engaged in the management of social housing to hold specified qualifications and undertake ongoing professional development, such as participation in or completion of a specified programme or course of training. We agree that these proposals have merit, and that tenants should have access to staff who listen and respond to their needs. That is why is it important that this matter be given proper consideration, which I can confirm very strongly is being given at this time. To answer the question of the noble Baroness, Lady Hayman of Ullock, as I have said, we are working hard to fully assess the merits of different options to address this important issue and we will set out the Government’s preferred approach as soon as possible. I can assure the Committee that I will talk to the Minister personally, whoever that may be, to reflect the views of the Committee on this important issue.

I thank my noble friend Lady Sanderson of Welton not just for her input into this debate but for all the work she has done to support the Grenfell community since the fire. We all know that she has put in a lot of work, time and effort—thank you. This is probably not what the Committee wants to hear, but I will take this on personally and come back to Members who have shown interest before we get to Report with a new Minister.

I turn now to Amendment 47 in the name of the noble Lord, Lord Whitty, which concerns the regulator’s powers to intervene if a ballot on issues such as regeneration and stock transfer is not being conducted reasonably, transparently or equitably. Ballots are an important way for landlords to involve tenants in the decisions they take. We expect consultations to be meaningful and genuinely seek to hear and act on the views of tenants. Guidance is readily available on resident engagement in regeneration, and statutory guidance on local housing authority stock transfers covers consultation requirements.

In addition, tenant involvement and empowerment is a core part of the regulator’s consumer standards. Where a registered provider is proposing a change in landlord or a significant change in management, the regulator expects registered providers to consult in a fair, timely, appropriate and effective manner. The Bill strengthens the regulator’s ability to intervene if a provider is systematically failing to consult fairly with tenants. Tenants will be at the heart of the new consumer regulation regime, and the views of social housing tenants and other sector stakeholders will play a crucial part in shaping it. Following these reassurances, I ask noble Lords not to press their amendments.

Social Housing (Regulation) Bill [HL]

Baroness Sanderson of Welton Excerpts

Report stage
Tuesday 18th October 2022 Lords Chamber

[The Lord Bishop of Chelmsford]

I rise to express very briefly my support for Amendment 23, in the name of the noble Baroness, Lady Hayman of Ullock. I welcome the Government’s restating at the Bill’s Committee stage their commitment to review professionalisation. However, I want to urge them to accept this amendment, which would help to ensure that appropriate professional qualifications, training and registration are upheld. The challenges we face in the social housing sector require high standards of management which, sadly, we do not always see, and this amendment will help to ensure those.

[Baroness Sanderson of Welton (Con)]

My Lords, I thank my noble friend the Minister and the Secretary of State for the time and effort they have put into this and other issues; they should be given credit for what they have done. I declare my interest as a community adviser on Grenfell. The Minister has worked with the community in a previous role, and I know she always has their best interests at heart, as well as those of other social housing tenants across the country. However, while I appreciate that the Government’s amendment improves on the current situation, I am afraid that the lack of any professional qualification structure leaves something of a hole—a cavity, if you like—in their plan.

In essence, the Government’s proposal says that requiring the regulator to set a professional standard will drive up knowledge, skills and experience in the sector. It argues that while they are not mandatory, qualifications may be one element of how landlords could achieve this, as part of a wider approach to training and development. I agree: qualifications are not the only way to improve skills and standards, but I am struggling to see how we do it without them, particularly in an area where the need to drive out stigma is so necessary and overwhelming. In any other sector, be it social work or education, qualifications are integral—fundamental, even—to increasing knowledge and, most importantly, to providing a career path. If we want to encourage people into social housing, to take pride in that career, we must give them a way to progress. Without that infrastructure it will be so much harder to bring about meaningful change. Would it not also be a useful indicator of compliance? It is hard to see how the regulator will accurately measure competence across the sector. I welcome the checks and balances provided for in this amendment, but it is unclear on what grounds the regulator will be able to apply sanctions where necessary.

I realise that some of these questions will be for the proposed consultation, but at the moment it all feels a bit woolly. There is constant talk of driving up skills and knowledge, but not enough in practical terms on how to achieve this goal. To that end, as the Bill progresses will the Government consider including a specific request to the regulator to consult experts such as the Chartered Institute of Housing on a suitable qualifications framework?

I am pretty sure that the Minister will say to me that doing so could lead to a reclassification by the ONS. I fully understand the risks involved, as have been mentioned by the noble Baroness, Lady Hayman, and I appreciate that the Government have no control over the ONS’s decisions. However, at the moment we are still talking about a risk, not a certainty, so, as my noble friend Lord Young suggested, is it not possible to consult the ONS on this? Otherwise, we are in a world of “what ifs” and “maybes”, which seems absurd given what is at stake. For as it stands, we seem to be saying that tenants in social housing can expect to send their child to a school where the teacher must be qualified, and to send their parents to a care home where there must be suitably qualified staff, but that the people responsible for running their homes do not need any qualifications at all.

The Government argue that they are not ruling out qualifications, but that providers must be allowed to determine the right mix. I am sure the Minister will understand why there is nervousness about leaving this to landlords’ discretion. Do we really expect them to introduce qualifications voluntarily? This is not just about Grenfell. As I mentioned in Committee, one look at Kwajo Tweneboa’s Twitter account and the neglect and misery it chronicles will tell you all you need to know about the attitude and aptitude of some providers. They are the worst examples, but surely the least likely to equip their staff with qualifications.

Finally, I repeat one more point I made in Committee: what happens if the Grenfell Tower inquiry recommends mandatory professionalisation? Will all the same arguments apply, or will we have to find a way around this later down the line, when we should be doing it now? To that end, while I reiterate my thanks to the Minister and the Secretary of State—I understand that it is a difficult area—I cannot help feeling that on this issue, the department may need to provide us with some more answers.

[Baroness Pinnock (LD)]

My Lords, this has been a very powerful debate on something that is pretty esoteric: the qualifications of those providing social housing. However, it seems vital for the safety of social housing tenants that the people responsible for the management of their properties know what they are doing. This group of amendments includes alternative ways forward in relation to the importance of raising standards of management and the need for professional qualifications.

On the one hand, the Minister is arguing for a light-touch approach, as set out in her Amendment 10, arguing that there is a risk of reclassification of the sector if the strategy laid out by the noble Baroness, Lady Hayman of Ullock, in her Amendment 23 is followed. But two things come to mind. First, the noble Baroness, Lady Hayman, explained that the approach she has laid out is flexible and combines that with an ambition for higher standards in the sector. Her amendment uses “may” throughout, so it is not a mandatory approach. It is trying to say, “Here is a way forward to raise standards—follow it, sector, and raise standards”. What an ambition that would be.

On the other hand, we have the Minister arguing that there is a risk of reclassification. I have to say that if there is a barrier to raising standards in the management of social housing, it needs to go. We have to find a way around it. We have heard two examples from the noble Lord, Lord Young of Cookham, and the noble Baroness. They have both explained how we can get around this—so let us get around it.

Shelter has highlighted in the wake of the Grenfell tragedy that social housing tenants were concerned not only with safety but with maintenance, repairs and poor living conditions. Social landlords and managers are the first port of call for tenants to raise concerns about standards, so ensuring that senior managers are qualified and have the requisite knowledge and experience will have a trickle-down effect—something I am sure the Minister will approve of. So, let us professionalise the workforce.

In Committee, my noble friend Lady Thornhill—who is unfortunately unable to be here today as she is not well—made comparisons between the workforce of the health and care sector and that of the social housing sector. That comparison rightly reflects the important role of social housing in the well-being of the nation, but, like the health sector, housing and construction are facing shortages of both people and resources. Amendment 23 in the name of the noble Baroness, Lady Hayman of Ullock, would ensure that the Government were able to prescribe mandatory qualifications—but, as I have said, in a flexible way. That would protect tenants and make sure that their homes were safe and fit for habitation, and that tenants’ voices were heard. As has already been said, one of the findings of the Grenfell inquiry was that tenants’ voices were ignored.

The Government have listened to the debate in Committee and the calls from groups such as Grenfell United and Shelter, reflected on their own commitment and brought forward a number of amendments in this group with the aim of raising standards for registered providers and social housing managers. Of course, I welcome this, but the Government’s argument that a balance needs to be struck between safety and workforce supply is, in my view, a false one. Ultimately, the safety of social housing tenants has to be paramount. We need to make sure that the situation is not made worse for tenants by exacerbating problems in the training and retention of staff, but in the end, the quality of managers is what keeps tenants safe.