Non-commissioned Exempt Accommodation

Brendan Clarke-Smith Excerpts

Wednesday 23rd February 2022 Commons Chamber

[James Daly]

I thank the hon. Lady for that intervention, but, in respect of Greater Manchester, I think she has answered her own question. If what she says is the case, what an indictment it is of the Labour councils in Greater Manchester that they have not even bothered applying for the Government funding that would underpin that long-term strategy. I have been a councillor for a long time and we have been asking them for that strategy, in order to take advantage. I could cite the billions of pounds that are available to support these strategies, but Labour councils in my area—[Interruption.] Heads are being shaken, but Labour councils in my area have made no effort to address this problem. I want to take this opportunity in this Chamber to encourage my local councils to be as proactive as the hon. Lady’s.

[Brendan Clarke-Smith (Bassetlaw) (Con)]

My hon. Friend rightly mentions housing supply and making sure we have a balance on that, as well as having affordable housing for people. Does he agree that the proposals in the recent White Paper on levelling up and looking at what more we can do with brownfield sites give local authorities more of an opportunity to explore that, think outside the box a little and provide the kind of homes he has mentioned?

[James Daly]

My hon. Friend is absolutely correct. The desire and policy of this Government is to ensure that we have beautiful homes developed for the benefit of everyone in our country, and there is money behind this: a £12 billion boost for affordable homes, including social rented homes, to help those with physical or mental challenges; and £5.4 million of additional funding for a pilot scheme in key areas, helping us to understand the most effective interventions for future national policy. We are also introducing a higher minimum standard for supported accommodation. So the money and the desire are there, and the policy direction from central Government says that local authorities come to us—[Interruption.] I am answering the point that has just been made. We want to support councils on this. We want to provide the funding that is going to develop those brownfield sites in their boroughs, but what are the Government to do if local authorities do not even have that conversation with the Government? I am assuming that the councils have not had it with the Mayor of Greater Manchester. What is the point if they do not do that? I am known as a collegiate parliamentarian, and I am simply here to encourage my local authority in Bury to work with the Government, who want to work with it to ensure that we get the housing stock that is absolutely needed in our borough. I am proud to be part of a Government who have this strategy, want to support local accommodation and do not take the view of my local authority. This is a difference of opinion. My local authority, in terms of prioritising social need, social housing or social rented housing, believes in the policy document, and believes in building four-bedroom and five-bedroom houses on the green belt. That is its choice, as a local Labour authority. I believe, and support this Government’s intention, that we should be prioritising the development of brownfield sites, and ensuring that people have access to a home and that those support services are in place. In my local authority, over the 18 months of the pandemic, over £180 million was provided, on top of the normal grant funding, to support important services—

--- Later in debate ---

[Shabana Mahmood (Birmingham, Ladywood) (Lab)]

I am pleased to contribute to such an important debate. The Under-Secretary of State for Levelling Up, Housing and Communities, the hon. Member for Walsall North (Eddie Hughes), is aware of my long-standing interest in this subject and I look forward to the further discussions he alluded to that will take place as the pilot reports are all completed and we think about the next steps, particularly in respect of the legislative framework.

We should be clear that we are talking about a situation unfolding throughout the country, as we all speak, in which rogue landlords, total cowboy operators and some with links to organised crime groups and established criminal enterprises, are getting their hands on taxpayers’ cash—our constituents’ money—and not using it for the purposes for which it was intended but simply lining their own pockets, and they are able to do so with absolute impunity. That situation is the subject matter of this debate: the fact that so many people can do such terrible abusive things, well within the rules, and totally get away with it. No criminal enterprise is going to get done for abusing taxpayers’ cash in this way, and that is a problem of the law.

I take issue with the Minister’s saying earlier in the debate that

“this is not a political issue”.

I agree with him in that I do not wish this to be a party political football with which we play knockabout in the Chamber, but this is a deeply political issue. It is full of political choices. We have talked a lot about local authorities, what local government can do or does not do and all this “he said, she said” about local government powers, but the fundamental problem and the failure in respect of the subject matter of this debate is one of the law itself, and only the Government have the power to change the law of this land. This is an arena of politics, but it is also the UK legislature. We are pushing the Government today not because of matters of party politics but because only they can act to prevent the abuses that we are all seeing unfold across our constituencies.

There is no point in my going to the chief constable of West Midlands police and saying, “I know that a drug dealer is basically setting up as a housing provider in my constituency, is going to get enhanced housing benefit payments, is going to line his own pockets and is probably going to abuse some of the poor, vulnerable constituents who end up in the property he manages,” because I know the chief constable can do nothing about it—not a single thing. That is the problem that I and all Members in this House with experience in this matter are desperate for the Government to fix. The problem is the law and only the Government can fix the law.

[Brendan Clarke-Smith]

I fully take the hon. Lady’s point about rogue landlords, whom we absolutely must tackle. Does she agree that the way to do so is through making sure that higher minimum standards are in place? For example, the national statement of expectations is there. Does the hon. Lady agree that is the best route to make sure that standards are adhered to?

[Shabana Mahmood]

I thank the hon. Member for that intervention. I accept that it is meant to be in the spirit of being helpful and adding to the debate, but the idea that criminal enterprises currently lining their pockets with our constituents’ money will be put off exploiting this business model because of a national statement of expectation is absolutely for the birds. I am sorry, but that will not work here. If it did, I would support it, because I want this problem fixed. I am desperate to see vulnerable people no longer being exploited and communities no longer being destroyed, but that measure will not cut it. These are proper operators and they have spotted a loophole in the law. They have calculated correctly that, instead of going further into the drugs business where they might have to do 20 years in prison, they can just get into the housing sector and no one will put them away for it—at all. In fact, they can do so in plain sight and nobody can do a thing about it. That is what I want the Government to take action on, because that is what I have seen in my own constituency of Birmingham, Ladywood. That is what my colleagues in Birmingham have seen in their constituencies, and some of them have truly horrific examples of abuse of vulnerable tenants.

We are seeing that problem all across the country. I was very grateful to the hon. Member for Hertford and Stortford (Julie Marson) for saying that this is national issue. It can become a little too easy for Members in this place to think that this is a problem for some cities—let us be honest, if we are to be party political about this, it is problem for some Labour-run cities. As my hon. Friend the Member for Westminster North (Ms Buck) said, piecemeal action—a pilot here and a little bit of a change there—just creates a whack-a-mole system. A problem that starts in Birmingham will soon spread to Sandwell, to Stoke and then to Dudley, and to other places too, unless we have a national change in the law of our land that stops the problem dead for everybody. Then, a Member whose constituency is currently not afflicted by it would not have to worry about a proliferation of exempt accommodation taking place in their patch. If they do have it in their constituency already, they could at least see that there was an end in sight to this absolute abuse of the system, which, as Mr Deputy Speaker can tell, leaves most of us utterly impotent with rage because, unless the Government change the law, we can simply not fix this problem.

The first area of the law that requires change is the “more than minimal” test, which has been discussed today. The Minister made the point that the “more than minimal” requirement for the access to enhanced housing benefit regulations has come about as a matter of case law. He is, of course, right; that was done by a housing benefit tribunal. In this country, though, we do not distinguish between case law and Acts of Parliament or statutory instruments. The law is the law and if a judicial authority—a judge or a tribunal—comes to a clarification or a statement of the law that is against what the Government expect to happen, all that creates is a system that is open to abuse. It is the job of this legislature, this House of Commons, to put it right, and only the Government have the power to introduce that legislation to make it so. That rule—the “more than minimal” requirement—must be changed. It must be tightened up.

I do not buy the argument that, somehow, tightening up the access to enhanced housing benefit will somehow drive the good providers out of the sector. That is also for the birds. Those providers are already doing the things that are required in order to help vulnerable people turn their lives around. In the end, that is the thing in which we should all be interested. These are people who have escaped abusive relationships, who have come out of the prison system and are desperate to turn their lives around, and who have had addiction issues and need help to turn their lives around. They need good quality housing in order to do that. The hon. Member for Bury North (James Daly) was right when he said that people should be sentenced to a house so that they can have stability—the stability that is required to help them turn their life around and become a citizen able to play their full part in society once more. That is not possible if the rogue operators get their hands on these people first. The good providers, who have a moral and a social mission when it comes to supported housing, will already be doing the right thing. I do not buy the idea that they will be pushed out of the system if the regulations for access to the cash in the first place are tightened up.

The Government and the Department for Levelling Up, Housing and Communities in particular, rather than the Department for Work and Pensions, need to tighten up the broader regulatory framework. It should not be possible to be providing housing to some of the most vulnerable people in our country and to not even have to pass some sort of character test. The idea that the good providers who are operating will fail fit and proper persons tests is a joke. They will pass it because they have a social, moral mission and they can prove their track record in helping people to turn their lives around. If they do not pass it, they should not have access to vulnerable people in the first place. We know what happens when vulnerable people get into bad accommodation: they are ripe for further abuse, ripe for further grooming into drug activity, and ripe for further grooming into sexual exploitation. We should not allow any provider who cannot pass a fit and proper person’s test to get anywhere near some of these people because they will exacerbate the problem rather than alleviate it. Frankly, I have no sympathy with anyone who we currently think of as a good provider but who ends up failing that test, because it proves they were not a good provider in the first place.

We also need more powers for local authorities—a point that was also raised earlier in the debate—to prevent the dumping of problem people from one part of a country to another. I accept that there are some classes of vulnerable individuals who need to break the link with their local area if they are going to turn their lives around, but that is not the case for the vast majority of people who have ended up in exempt supported accommodation.