Homelessness Reduction Bill

Clive Betts Excerpts

2nd reading: House of Commons
Friday 28th October 2016 Commons Chamber

[Mr Clive Betts (Sheffield South East) (Lab)]

Let me begin by expressing my thanks and gratitude to the hon. Member for Harrow East (Bob Blackman), not merely for his Bill but for the enormous amount of work that he has done over the last few weeks in building a coalition of support across the House and among outside organisations. We should not underestimate his commitment, or his success in building that support for his Bill.

Members have referred to the work of the Communities and Local Government Committee. We in the House are used to following precedents—we seem to do it all the time—but I think that, on this occasion, we have actually created a precedent. A report from a Select Committee has provided the basis for a private Member’s Bill, the Bill has then been subjected to pre-legislative scrutiny by the Select Committee, and the Committee’s subsequent report has helped to produce the Bill in its final form. That, I think, is unique. No one can find an example of its being done before. It is an important example of the two ways in which Back Benchers can best shape and influence legislation in this House—private Members’ Bills and Select Committees—coming together in a powerful way to produce legislation that has support right across the House and will, I hope, reach the statute book. I thank all my colleagues on the Select Committee for the work they have put into it.

Homelessness is a growing problem, as can be seen from the 50% increase in local authority acceptances since 2010 and the growing number of rough sleepers. We also know that the figures do not reflect the true situation. The UK Statistics Authority has said that the figures are not fit for purpose and the Government have agreed to review them, but this is a difficult job. It is difficult enough trying to count rough sleepers. The St Mungo’s estimates for London are eight times higher than the Government figures. We also know that many people go to a local authority and are not recorded properly. Then there are the thousands or tens of thousands who are living in overcrowded accommodation or sofa surfing, and who do not present to a local authority at all. They are not counted in the figures, but we know they are there. The problem is therefore far bigger than the figures indicate.

The Bill, admirable though it is and despite its support across the House, will not deal with the fundamental problem of the housing crisis in this country. There is a shortage of housing caused by decades of not building enough homes by Governments of all political persuasions. Interestingly, when the Select Committee asked three young witnesses what was the most important thing this House could do to deal with homelessness, they all said, “Build more social housing.” That was reflected in recommendation 3 of our first report on homelessness, which stated:

“There is therefore a case for the development of homes for affordable rent which we encourage the Government to act on by working with local authorities to deliver the homes that are needed at a local level.”

It is helpful that the new Minister for Housing and Planning is beginning to reflect that point in his comments. We look forward to the White Paper and the autumn statement, which hopefully will recognise that although homes to buy are important, there are many people who cannot afford to buy and who need a home for rent. That is something for the Government to consider.

[Emma Reynolds]

I welcome my hon. Friend’s focus on the housing crisis and the failure of the Government to deal with it. Obviously, successive Governments have failed to build enough homes. May I bring him back to his point about supply? Is it not the case that some of the Government’s policies, such as forcing councils to sell council homes and watering down section 106 agreements to focus purely on starter homes, rather than council homes, are making the problem much, much worse?

[Mr Betts]

Personally, I agree with my hon. Friend. The Select Committee looked at this matter for our report on housing associations and the right to buy, and that was reflected in our report on homelessness. We accepted that there should be a housing programme to provide more homes in local areas to reflect local needs, and that it should include homes to buy and homes to rent. That was agreed across the parties. There is a need to recognise that housing markets are different across the country and that what is appropriate in London is not necessarily appropriate in the north-east. It is appropriate to look at local need and provide the homes that are needed in particular areas. There was all-party support for that.

The Select Committee looked at the problem of the growing gap between private market rents and the local housing allowance. Some 40% of homelessness cases are caused by the ending of an assured shorthold tenancy, often because the tenants cannot afford to pay the rent. In Westminster, the gap between the average rent and the local housing allowance is £500 a month. But it is not just Westminster: in Cambridgeshire, the gap is £250 a month. Those are large figures. If the local housing allowance is frozen from now until 2020, the gap will get worse. Recommendation 2 of the Select Committee’s first report on homelessness states:

“Local Housing Allowances levels should also be reviewed so that they more closely reflect market rents.”

There was cross-party agreement on that. It is a problem that in many areas, when people are made homeless, there is no social housing for them to go into and no private rented housing they can afford either. That needs to be addressed.

There are also problems with supported housing, although the Government have rowed back from their initial intention to relate the cost of supported housing to the local housing allowance. This still needs to be thought through. There are particular problems for people in supported housing who get back into work and then find that they cannot meet the cost of supported housing because housing benefit is withdrawn completely. That problem was raised with the Select Committee by a lot of young people during our inquiry and it needs to be addressed. People must be able to get back into work without finding, suddenly, that they have lost their supported housing at the time they most need it.

[Mr Andrew Smith]

I congratulate my hon. Friend and his Select Committee on the work they have done. Is there not also an acute problem that arises from the cuts to housing-related support? For example, Oxfordshire County Council, because of cuts in Government support, is drastically cutting the support it gives to local homelessness hostels and threatening to end it altogether in three years. Even with all the measures in this Bill, if that went ahead, it would be a disaster because hostels would close and people would be forced on to the streets.

[Mr Betts]

Certainly, when the initial proposal was made that the costs of supported housing would be related to the local housing allowance, virtually every provider of supported housing said that they would not be viable. The Government have rowed back from that and are now talking about splitting the housing benefit element and the care and support element. That might be a sensible way to help people who get jobs and ensure that they do not lose all their support, but the Government might still want to think again about the proposal to force supported housing providers to reduce their rents each year. That will cause problems for many of them and they are still raising it as a concern.

The Select Committee found that there was a need to offer better support and advice to people who present as homeless. As the hon. Member for Harrow East said, the Bill will not end homelessness, but it will address a very real problem. We saw some good examples of local authorities dealing with homeless people. In Birmingham, we saw a truly joined-up service, with the housing authority, the children’s service, charities and the health service all working together. Unfortunately, that is not the case everywhere. Crisis sent its mystery shopper into 87 local authorities and 50 of them were found to have got it wrong. The variation in support for homeless people is simply unacceptable. Crisis was very clear about that when it came to the Select Committee, and our report said:

“We have received too much evidence of councils and their staff treating homeless people in ways that are dismissive and at times discriminatory. This is unacceptable.”

Hopefully, the Bill and the better code of practice that the Government are going to bring forward will address those issues.

The hon. Member for Harrow East outlined the important measures in the Bill, which I and the Select Committee support entirely. The extension in the time when homelessness should be addressed by local authorities from 28 days to 56 days will provide more time for preventive work. The measures to improve support and advice are very welcome, as is the proposal for a personal plan for individuals who present as homeless. It is important to talk to people about what is and is not possible in addressing their homelessness needs right from the very beginning.

I hope it can be written in at some point that, in addressing those needs, regard should be given to the care and support that homeless people get from family members and others, and to the schools their children go to. Perhaps that can be contained in the code of practice that Ministers will bring forward, because those things are important. We heard evidence of people being offered homes that were a two-hour journey from their children’s school. If at all possible, that should be avoided.

[Nusrat Ghani (Wealden) (Con)]

I commend my hon. Friend the Member for Harrow East (Bob Blackman) for bringing this important Bill to the Floor of the House.

On the point the hon. Member for Sheffield South East (Mr Betts) has just made, I want to say that families have changed; there are many more broken families and single men and women out there. We need to treat them all equally, especially a man who becomes single but still wants access to his family and the school his children go to. We need parity across the system, with single men treated equally if they become vulnerable and homeless.

[Mr Betts]

There is a very real problem in that for local authorities, which can end up providing two homes for a family when it splits up. That is a real challenge and I have a lot of sympathy with local authorities, but equally with the people who want to keep contact with their children and maintain good parental relationships.

I welcome the personal plan and the preventive measures, and particularly the measures in clause 1 and a stop to the nonsense that homeless people, who are already stressed out and traumatised, should have to go through a court process and sometimes end up being evicted before the local authority will help them. That is crucial to the success of the Bill and to giving homeless people a better deal.

I have something to say about the wording of the Bill. Local authorities can decide they will force people to go through the court process if they can show they

“have taken reasonable steps to try to persuade the landlord to—

(i) withdraw the notice, or

(ii) delay applying for an order”.

That may be reasonable if authorities use the measure reasonably, but I am worried it provides a loophole that authorities that are not being reasonable could use to force more people through the court route than intended. We will need to closely monitor the legislation to make sure that unintended consequence does not arise.

[Stephen Pound]

My hon. Friend speaks from a position of great knowledge. I entirely endorse his point about schooling: anyone who goes to Slough station at 7 o’clock in the morning will see 20 or 30 children wearing Ealing school uniforms, making a two-hour journey. That is heart-breaking.

One of the fastest-growing areas of homelessness is parental exclusion. It seems to be perverse to ask a mother or father to evict, through the courts, their daughter or son. Does my hon. Friend agree that parental exclusion should be examined in detail in Committee?

[Mr Betts]

The hon. Member for Harrow East will know far more about the intended mechanics of the legislation, but I think the point is that when someone is threatened with homelessness they go to the authority, and now they will be entitled to proper advice and support, including the working out of a personal plan, from the very beginning. That is a key part of the legislation. It will not solve every problem for every person who is homeless or threatened with homelessness, but it should provide a much better service for people in the situation that my hon. Friend mentions.

The duty of public authorities to refer to a housing authority someone who is homeless or threatened with homelessness is very relevant. I ask the hon. Member for Harrow East, however, whether there is a possibility at some point of extending beyond a duty to refer, to a duty to co-operate. If someone is homeless, they often have mental health problems or are faced with domestic abuse or other issues related to their homelessness such as unemployment or benefits problems. The Committee’s report on homelessness recommended having a joined-up approach, and it would be an improvement to get all public authorities working together.

Finally, it is crucial that we get the code of practice in place. I would like to hear from the Minister whether the code will be available for Members to look at before the end of our consideration of the Bill. The Government have codes of guidance at present but unfortunately they do not always work. A classic example is that currently in the code—a Minister has recently written to councils reminding them of this—if a local authority does an out-of-area placement of a homeless family, they are supposed to tell the receiving authority that that family is coming to them because they may have other needs that need addressing. In many cases that does not happen, however, despite the guidance saying it should. A code of practice ought to strengthen the code of guidance, and authorities ought to have to follow it. We want to hear that Ministers will put in place proper monitoring arrangements to make sure all the good measures are delivered in practice for people who are homeless or are threatened with homelessness.

This Bill will not remove homelessness, as the hon. Gentleman has accepted. However, there has been such a cross-party effort to try to get this right, from the hon. Gentleman, from the Select Committee and from a wide group of organisations including Crisis, that we hope it will improve the situation for the homeless and those threatened with homelessness in a very meaningful way.

[Several hon. Members rose—]

--- Later in debate ---

[Mr Jones]

I thank the hon. Lady for bringing up a point that Members across the House have rightly raised today. I shall say more about this later, but I hope that I will be able to reassure her and other Members that the Government are absolutely committed to providing new funding to local authorities to allow them to discharge the new duties in the Bill.

As I was saying, preventing homelessness as early as possible is critical. Importantly, the Bill places a duty on local authorities to start helping applicants 56 days before they are threatened with homelessness. This doubles the current period for help and brings it more into line with the notice period for ending an assured shorthold tenancy, which is currently the lead trigger for statutory homelessness acceptances.

The Bill will place a duty on local authorities to take reasonable steps to prevent homelessness for eligible households threatened with homelessness. It will also ensure that other local services refer those who are either homeless or at risk of being homeless to local authority housing teams, and that care leavers are more easily able to establish a local connection and so are not deterred from seeking support, should they need it.

The Bill will make a real difference; it offers support to a much wider group of people who need it than the existing legislation, which is why I am today pleased to offer the House the Government’s full and unfettered support for the Bill. I can confirm that the Government will fund the additional costs of the Bill, in line with the long-standing new burdens arrangements.

As I said to the hon. Member for Wolverhampton North East (Emma Reynolds), there will be new funding for local authorities. We will work closely with local authorities and homelessness charities to ensure the successful implementation of the Bill. That includes a commitment to working together on any guidance and codes of practice that will be required to sit alongside the new legislation.

[Mr Betts]

I welcome the Minister’s assurance about the codes of practice. His efforts to get Government support for the Bill are greatly appreciated. On the money, aside from the initial work with the LGA to get the new burdens figures agreed, does he accept that it is difficult to predict the precise costs of the legislation? Will he reflect on whether, once the legislation has been in operation for a year, he should sit down with the LGA again to see whether the initial figures are correct or in need of revision?

[Mr Jones]

I thank the hon. Gentleman for his kind words about my work on this important matter. In view of the changes recently made to the Bill, we are looking very carefully at the costs. We acknowledge that the Government will have to deal with the new burdens that will come with the legislation. We are speaking to the LGA and will continue to do so. We are also speaking to local authorities about the costs that will be incurred. He makes a good point; in the past few months, I have created a local authority working group. Local authorities come to the Department to discuss various issues and good practice that they are promoting. We are certainly listening to what that group is saying and feeding that into the work being done by the cross-Government ministerial working group.

Homelessness Reduction Bill (First sitting)

Clive Betts Excerpts

Committee Debate: 1st sitting: House of Commons
Wednesday 23rd November 2016 Public Bill Committees

[Andy Slaughter]

I have nothing to add other than this: I understand that there is no formal programme motion for a private Member’s Bill, but given the tactics that the hon. Gentleman has set out, I wonder when he envisages the first sitting taking place. It looks like there will be an interesting debate on clause 1 or what replaces it, but when will we get to that point? This is a bit like “Hamlet” without the prince: we are talking around the subject before we actually get to it. When will the new position on clause 1 be set out and when are we likely to debate it? Clearly, that is a matter for the Committee, but it would be useful to know what is in the minds of the Government and the promoter.

[Mr Clive Betts (Sheffield South East) (Lab)]

I want to re-emphasise the point that my hon. Friend has made. It would be useful to have some idea of timing so that we can plan ahead and prepare. I also welcome what the hon. Member for Harrow East, who is in charge of the Bill, has said about the intention to proceed on an all-party basis and to try to secure agreement, because that is how we have worked on the issue. Even before the Bill was a gleam in the hon. Gentleman’s eye, the Communities and Local Government Committee discussed the issue and its members worked together on trying to improve the service that homeless people receive.

I welcome the fact that we will take another look at clause 1. On Second Reading, I raised concerns about the loopholes that it might provide for those authorities that are perhaps less enthusiastic than us about trying to improve the service. Some of the caveats may give them wiggle room not to deliver the sort of service intended. It is important that we get the clause right, that we make it watertight and that we do not allow wiggle room for authorities that do not want to comply, so it is very important that we have time to consider it.

[The Parliamentary Under-Secretary of State for Communities and Local Government (Mr Marcus Jones)]

It is a pleasure to serve under your chairmanship, Mr Chope. I reiterate the Government’s support for the Bill promoted by my hon. Friend the Member for Harrow East. As he has said, since Second Reading we have been working closely with him and a number of other stakeholders to get to this point.

I hear what has been said about clause 1. As I said on Second Reading, we were aware that several stakeholder groups had concerns about clause 1. At that point, we said that we would listen carefully to those concerns. We have continued to do that and to engage in dialogue.

As my hon. Friend has said, we cannot yet say for definite when the amendment to the clause will be tabled, but I assure Opposition Front Benchers that, in the spirit of how the Bill has been handled so far—a spirit of co-operation across the House to enact important legislation that will benefit homeless people and people at risk of becoming homeless across the country—we fully intend to ensure that the hon. Member for Hammersmith has sight of the proposal for clause 1 as soon as is practicable. We are willing to work with him.

Homelessness Reduction Bill (Second sitting)

Clive Betts Excerpts

Committee Debate: 2nd sitting: House of Commons
Wednesday 30th November 2016 Public Bill Committees

[Will Quince]

It is a pleasure to follow my hon. Friend the Member for Harrow East and the hon. Member for Hammersmith. One issue I have with the current system is the short-sightedness of the approach of some local authorities. I do not want to do down local authorities, because many of them up and down the country do a fantastic job of offering high-quality advice. However, as my hon. Friend the Member for Chippenham said, too many local authorities throughout the country offer advice that is frankly terrible—advice that suits the local authority, as opposed to the individual who faces the threat of homelessness. It is that postcode lottery that I am sure clause 2, and the Bill in general, will address.

We all know that there is a huge cost to homelessness, but we should never forget the huge social cost that comes with it, especially for those who are vulnerable—we have discussed some of the groups that fall under that category. When we look at homelessness, we know from some of the families who come to our surgeries that the people involved have considerable complex needs, which make addressing and preventing homelessness a particular challenge.

Take the example of a family who realise that they are failing to meet their monthly rent in the private rented sector. There may be all sorts of reasons for that. Let us say that they are £200 a month short. At the point at which they realise that they are starting to fall into arrears, they approach their local authority. Their local authority says, “Well, actually the best thing for you to do is wait until your landlord serves you with notice because your arrears have become so considerable—then let’s talk.” They get served with a notice and they go back to the local authority. The local authority then says to them, “Well, wait until the legal proceedings have been commenced and you are then forced out of that property by a bailiff.” Only last week, I met a family who were forcibly evicted from their house while the children were in it. The bailiff smashed the window and came in, the children were scared and crying and the family phoned me. That is disgraceful. That kind of advice should never be given, in my view, but if it is given, that should happen only in very rare circumstances.

Flip that on its head. Say that we applaud the family who recognise at the earliest possible opportunity that they are in difficulty or have a problem. They know they are getting into arrears, but they do not want to let down their landlord and they do not want to make themselves homeless, so they approach the local authority. The local authority says, “Actually, it’s £200 a month. Let’s sit down with you, let’s work with you and let’s see what we can do.” Even if the local authority decided, “You know what? For the sake of £2,000 to £2,500 a year, we will cover that cost”, that would be money well spent, given the cost of helping that family post-eviction. Not only have the family gone through that traumatic ordeal, they now have considerable arrears and a county court judgment against their name. Never again will they be accepted into the private rented sector, and—let us be honest—across all our constituencies, social housing is not readily available, especially for larger families.

Even when the council accepts that it has a duty to help and house the family after they are evicted via a bailiff, they are rarely put in temporary accommodation in the town where they seek help. In my constituency, people are often sent to neighbouring towns, away from their schools and their places of work, which puts both of those in jeopardy.

The point is that it is a huge disruption to their lives. However, the local authority then has very minimal options, because what does it do if it does not have the social housing and particularly those large houses? Its option is to look back to the private rented sector, but what landlord will help somebody who has a CCJ against their name, as well as a record of arrears and not paying their rent?

Moreover, what does what we are saying to those landlords do for the reputation of local authorities up and down this country? I am not a landlord and I will not defend the private rented sector, although it is very important to our housing options, but landlords often have mortgages, so six months of someone not paying rent affects their family, too. The likelihood of their then going on to be reasonable and help those who in the past have got into trouble financially, or indeed those who have a CCJ, is minimal at best.

I welcome the clause for several reasons, largely because of the duty it places on local authorities, to which, as effectively a branch of Government, individuals go for help at possibly one of the most vulnerable and emotionally difficult periods of their life. Those individuals need to rely on that support and have faith that the advice that they are given is not only the best advice but the right advice.

We know that, at the moment, some of the advice being given by local authorities across the country is not right, is against Government advice and is in the interests of the local authority, not those of the individual. Ironically, I believe that giving such advice is not in the medium to long-term interests of the local authority; it is in its short-term interests.

My hon. Friend the Member for Harrow East raised a very good point about detailed advice on rights, because such advice should absolutely be tailored to each and every individual case. I mentioned earlier the complex needs of those facing the threat of homelessness. No one family and no one individual is the same as another family or individual. In one instance, it might be the case that paying that £200 in rent arrears was not only the most financially advantageous but the most socially advantageous thing to do. In other instances, it may not be, but we need to ensure—as this clause does—that when local authorities offer advice to vulnerable people at very difficult times, they give the right advice, including the different options that are open to them.

My hon. Friend hit the nail on the head when he said we should empower families in such a position not just to rely on the state but to consider the different options available to them to prevent their becoming homeless in the first instance. If we do that—if we offer that help and advice at the first possible instance—we will then have the best possible chance of preventing homelessness: preventing that social cost but also the huge financial cost that would otherwise fall on our local authorities.

Consequently, I wholeheartedly support this clause. It is absolutely the right thing to do and it ensures that, across the country, people will be offered consistent advice that is right for them as individuals.

[Mr Clive Betts (Sheffield South East) (Lab)]

It is a pleasure to serve under your chairmanship, Mr Chope.

It is also a pleasure to follow the hon. Member for Colchester. He made many points that I would certainly want to associate myself with. Looking back to the Communities and Local Government Committee’s first report on homelessness, we drew attention to many of those issues, including the shortage of affordable homes to rent, particularly social housing, in many parts of the country, and the need to provide more homes of that kind. In the autumn statement, it seemed that the Government were moving more into that territory, although we are still trying to work out precisely how far they have moved. Maybe at some point the Minister could illuminate us on that.

There are many reasons for homelessness in individual cases, although the ending—for various reasons—of tenancies in the private sector is now the main one. In our Select Committee’s report on homelessness, we also drew attention to the increasing problem of the growing gap between rents and the level of local housing allowance that is paid in the private rented sector. If that level is frozen now for the next few years, it will become a more difficult issue and a bigger reason for the continuation of homelessness.

Those are all factors that, in general, we need to take account of, but the particular reason that I support the clause is the evidence we heard in the Select Committee. We all sat for several hours, listening to many witnesses with direct experience of being homeless. We also had a private conversation with some young people who were still being dealt with by the homelessness system at the time, and they talked to us confidentially about their experiences. It all created an impression that, in many cases, people go to their local authority and do not get the service they deserve. The clause is an attempt to put that right.

The Crisis mystery shopper exercise really affected all members of the Select Committee. Crisis sent someone out to local authorities, not declaring who they were, simply to find out what it was like to be homeless in that local authority area and to present before the local authority. It was revealed that people got inadequate advice and support in 50 out of 87 visits. That is a pretty staggering number—50 out of 87 got it wrong and did not give help and support. That goes along with many comments we heard about support, assistance and advice being unprofessional and sometimes inhumane. We cannot allow that to continue.

I slightly part company with Government Members in that I do think we are asking for a new burden on local authorities. At some point, the Minister will have to respond to that. I hope that there are helpful and constructive discussions with the Local Government Association; I am a vice-president of the LGA. To some degree, when local authorities, even the better local authorities that take their responsibilities seriously, have limited resources—we should not pretend that local authorities do not have limited resources, because they are more limited than they were—they naturally tend to deal, as a first priority, with those people who are in priority need. If they have resources to spend, they tend to be spent on people in priority need—people with children, for example—who present themselves. That family needs rehousing, so that is where the effort and support goes. If a young person, a single person, a couple without children or people in other circumstances turn up, they will get what is left. The person at the local authority has only a bit of time—a few minutes—to say, “Here’s a list of estate agents’ telephone numbers. Go and phone them.” We heard that, in some cases, those phone numbers were actually out of date. That is what people often get.

There is a code of guidance, which I am sure we will come to later in our discussions of other matters. The code of guidance is not always followed by local authorities, but it is guidance, not an absolute and utter requirement. There is a difference, to my mind, between having a code of guidance and having something on the face of an Act, which I hope the Bill will become. The duties in the clause are substantial, asking local authorities to look at not simply preventing homelessness, but the issues around care leavers, young people in prison or youth detention, people who have been in the armed forces, domestic abuse and people leaving hospital. The measure demands an awful lot of support and expertise within local authorities if they are to discharge that long list of responsibilities properly.

It is absolutely right that getting these things done in a proper way can ultimately save money. Homelessness has a cost not merely for the individuals, but for society as a whole and for public services. Very often local authorities have to spend the money—hopefully spend it well to stop homelessness, to help people in these situations and to prevent them from having other future problems—but the savings then come to other public bodies including, probably, the criminal justice system in due course, the health service and others.

Yes, it is absolutely right that we are changing the legislation and placing a stronger requirement on local authorities, but that is a new burden. It is one that is absolutely right, but it is a very big ask to get all these responsibilities carried out in a proper way. We will return to resources in due course but, to my mind, the measure does not really ask local authorities to do what they should be doing anyway; it asks them to do an awful lot more. I fully support the asks in the clause.

[David Mackintosh]

It is a pleasure to serve under your chairmanship, Mr Chope. I am particularly delighted to serve on this Committee because I served on the Communities and Local Government Committee and asked, with other Members, for the homelessness inquiry to be undertaken. I chair the all-party parliamentary group on ending homelessness. I see many cases in my constituency and through the work we did on the Select Committee where a range of different advice is offered. We even see different advice offered within the same authority, so this legislation is needed to mainstream the issue.

--- Later in debate ---

Duty to assess all eligible applicants’ cases and agree a plan

[Mr Betts]

I beg to move amendment 1, in clause 3, page 4, line 44, leave out from “particular” to the end of the paragraph and insert—

“(i) what accommodation would be suitable for the applicant and any persons with whom the applicant resides or might reasonably be expected to reside (“other relevant persons”);

(ii) the schooling arrangements for the children of the applicant and of the other relevant persons; and

(iii) caring provided to or by the applicant and the other relevant persons;

(iv) the location and natures of the employment of the applicant and the other relevant persons.”.

This amendment would ensure that the assessment of an applicant’s case takes account not only of suitable accommodation for the applicant and those residing with the applicant but also their schooling, caring and work arrangements.

[The Chair]

With this it will be convenient to discuss the following:

Amendment 3, in clause 3, page 5, line 2, leave out “and”.

See amendment 4.

Amendment 4, in clause 3, page 5, line 5, at end insert—

“(d) what other support the applicant is or may be entitled to from any public authority under any other enactment.”.

These amendments would ensure that, when assessing a case, the local authority must consider any other duties which might be owed, whether by it or by another authority, for example a care-leaver who has applied as homeless may be owed additional obligations under the leaving care provisions of the Children Act 1989.

[Mr Betts]

We had a very good debate on clause 2. It is a long time since I heard the Minister say, “I’ve got the money and I am going to spend it.” What welcome words! I think that is what the Minister said—he is not correcting me, so we will say that is what the Minister said; we will see in due course how much the money actually is when agreement is reached, as it hopefully will be with the LGA.

There is a similarity between what I am going to say and the debate that we have just had on clause 2. Clause 2 details a whole range of responsibilities for local authorities in terms of the advice and support that they give to people who present themselves as homeless, irrespective of whether they are in priority need. In clause 3, we come to the personal plan and to the eventual offer that is likely to be made to individuals who are homeless.

We heard in evidence to the Select Committee that there were also problems in that regard. I probably want to tag the name Daisy-May to the amendment, because we heard from Daisy-May Hudson, a young, very intelligent, very determined lady. Her family had been made homeless and ended up in temporary accommodation for about a year. She not only gave evidence to the Select Committee, but made a video that was shown to Select Committee members about her experiences. The way in which the family were treated was pretty horrific. As they put it, the brusque letters that came saying no to this and that were really heart-wrenching for them.

One particular issue came to mind, which is why I decided to table the amendment. I say straight away that I want to see something in the Bill that deals with this issue, and if the Minister has a better way of doing it, I am open to hearing from him. The similarity with clause 2 is that requirements relating to what is suitable accommodation, particularly in terms of its location, are all contained in guidance. The Minister has armies of civil servants—hundreds of people—to advise and assist him with his responses and to help him to draw up amendments and alternative wording, so if he can look to them and come up with a better of way doing this, I will always be open to suggestion.

As a Back Bencher, I rely on the expert advice from people in the House—and it is expert advice; it is important to recognise that. The Clerk of the Committee helped me to draft the amendment and drafting advisers on the Select Committee helped us throughout our process. People in the House of Commons Library also helped me to find the right words in the guidance. There is a lot about the suitability of accommodation and its location in the Homelessness (Suitability of Accommodation) (England) Order 2012, which goes into detail about what authorities should be doing on suitability and location in respect of recognising people’s employment, caring responsibilities and education.

However, when Daisy-May gave evidence—indeed, this is in her film—we heard that the family were made an offer of accommodation, but that it was two hours away from her sister’s school. It was completely unsuitable and was just not a reasonable offer. Despite the fact that the family had provided a lot of evidence—medical and other supporting evidence—it was all pushed to one side. As they said, they got a letter and a form to send back with three lines to fill in to say why the accommodation was not suitable. That authority gave a token response, saying, “Here you are. This is the accommodation. If you don’t like it, say in three lines why you don’t.” It was a completely inappropriate way to deal with the matter.

The difficulty is this: eventually the family got a different offer, but only because they threatened to take the case to court—I think they had the help of Shelter, but I may be mistaken in that respect.

[David Mackintosh]

indicated assent.

[Mr Betts]

The hon. Gentleman is nodding, so I have probably got that right. I do not think the case actually got to court, but the threat of legal action being started meant that eventually a different offer was made. Not everybody can do that.

[David Mackintosh]

I thank the hon. Gentleman for mentioning this important point. I share his view that the video that Daisy-May Hudson presented to us in the Select Committee aptly deals with all these issues and should be viewed by every member of this Committee, so that they can see the issues that people face. I want to see provisions on that in the Bill, and I think the Minister might touch on that later.

[Mr Betts]

I look forward to hearing what the Minister has to say. I draw a parallel with clause 2, which will be on the face of the Bill—hopefully on the face of the Act—because the current guidance is not always observed; it is not as strong and does not give people as strong a right to the services that we think they ought to have. I am making the same point with the amendment. Currently, the suitability of the location is contained in the guidance. An authority should take account of it, but in the end it does not have to. Now, perhaps people can take a judicial review against the authority, but we should not be relying on applicants in very difficult circumstances to get appropriate advice and take a JR against the local authority to ensure that the will of this House is implemented.

[Michael Tomlinson]

Following the point made by my hon. Friend the Member for Northampton South, would the hon. Gentleman release the video that he is talking about, or get permission to have it released, so that those of us who do not have the privilege or pleasure of being members of his Committee can have the benefit of seeing it as well?

[Mr Betts]

I certainly will. The Select Committee saw it, and I believe that it was also sent to its members so that we could view it on our own computers. I think that there are licensing issues with the ownership, but I will certainly go back to the Clerk of the Committee to see whether it can also be released to members of this Committee. That is a very helpful point and I will try to achieve that.

The purpose of the amendment is to put on the face of the Bill the requirement to take account of those issues when drawing up the plan with a view to looking at what accommodation might be suitable. I entirely understand that it might not be possible in some parts of the country—particularly London. It might be that an authority has no suitable accommodation in-area and therefore, in the end, must go out of borough. That might be inevitable in some areas.

In other parts of the country, including mine in Sheffield, although there is a shortage of suitable accommodation and it is not always possible to have regard to all the factors when an allocation is eventually made, when considering a suitable offer authorities should at least have regard to where children are at school and where caring responsibilities are in place, either for or on behalf of the individuals who are homeless or threatened with homelessness. If people are in work, authorities should look at whether they can continue to get to their job and whether they will lose their job as a result of being found a house. Where possible, authorities should have regard to those things, but they do not always do so. I have had letters on behalf of constituents from my local authority saying, “We can’t really take account of those issues. It’s going to be one offer, and that’s it.” That is not acceptable. If it can be done, it should be done.

[Christian Matheson]

Is the point of my hon. Friend’s amendment therefore to overcome the idea that when an offer is made the local authority has discharged its duty and can walk away from the problem?

[Mr Betts]

Exactly. It is not always possible, and some people will become homeless in areas where there simply is not a local authority property of the right size available, and where one will not become available for some time. Of course that is the case, but in other areas a little more thought and effort by the local authority could achieve a much better offer to meet people’s needs according to the code of guidance.

[Alison Thewliss]

The hon. Gentleman is making an excellent case. Does he agree that getting it right in all those cases will increase the sustainability and the likelihood of success in the new accommodation? If people are supported by their family networks, schools and employers and are able to maintain that, they have a greater prospect of having a successful, happy life.

[Mr Betts]

That is absolutely right. We must not find somebody family accommodation, only for them to lose their job. If a family is homeless or threatened with homelessness, that affects the whole family, and the young people in particular. If a young person who has already been through a traumatic experience is studying at school for their exams, and if their family goes through that trauma and they suddenly find that they have to move school at a crucial time and possibly travel for two hours to get to the new school, they might drop out. All those things add to their problems.

There might be other ways of doing this. It might be—I am sure the Minister has even better advice than we do—that the clause can be amended so that the local authority has to take account of the code of guidance when drawing up a plan to provide suitable accommodation for a family in priority need. I will await the Minister’s response, but we have to toughen up the clause. It is no use simply saying that the code of guidance is there; we have to do something to make sure that it is followed in practice when families are in real need and when they need a suitable offer in the right location, wherever that can be achieved.

--- Later in debate ---

the household and are essential to their wellbeing or that of other members of their household.

[Mr Betts]

I hear the Minister, but the fact is that local authorities often do not do that. It is okay saying, “Well, there are reviews and we may eventually get to legal action,” but when a family is homeless and desperate for accommodation—they will probably be in temporary accommodation—that is not a great help.

Another problem is that the words “must” and “should” seem to be used interchangeably. The Minister said that local authorities must have regard to the guidance, and he used the word “must” with regard to medical facilities, but the word used in paragraph 53 of the supplementary guidance on the 2012 order is “should” not “must”. Is that not a problem? Could we at least look at toughening up that guidance by putting in a few more “must”s instead of the “should”s that are currently in it?

[Mr Jones]

I have great sympathy with the hon. Gentleman’s points, certainly where local authorities are not complying with the 2012 order in the way that is intended. The existing power in section 210 of the Housing Act 1996 allows the Secretary of State to make an order—secondary legislation—to strengthen the definition of “suitability”. Such an order may specify the

“circumstances in which accommodation is or is not”

suitable or

“matters to be taken into account or disregarded in determining whether”

the accommodation is suitable.

We expect councils to adhere to both the 1996 Act and the 2012 order. As I say, that Act gives us significant powers where the order is not followed. I reiterate that that is not guidance but an order, and councils must adhere to it. The Bill must serve as a reminder to local authorities that the order must be adhered to, and I put local authorities on notice that if it is not, we can review and change the regulations through the 1996 Act. Should councils not respond to the Bill or the order that is already in place, I am certain that we will seek to do that.

--- Later in debate ---

[Mr Jones]

There are many ways in which the Bill broadens the support that people will get. As the hon. Gentleman knows, later in the Bill there is a duty to refer. Organisations will therefore have to notify local authority housing teams of people in certain circumstances as they pass through the NHS system in hospital A&Es and so on. The hon. Member for Sheffield South East is proposing a broad provision. As I said, it is difficult in terms of its workability. The challenge would be massive for local authorities, which would almost have to become experts in massive areas of work that they are simply not in a position to be experts on.

However, the hon. Gentleman is absolutely right that local authorities can work in a better and more collegiate fashion across public services and other organisations that can help people who are homeless or becoming homeless. In many ways, the Bill will seek to achieve that. I therefore do not think it is necessary at this point to support the amendments that the hon. Gentleman has tabled.

[Mr Betts]

I have a difficulty because I do not think the provision is satisfactory. Equally, I understand that the Minister wants to see what is in the code of practice or code of guidance implemented. From a Select Committee point of view, we had a clear view: we were concerned that these matters were not being properly addressed in terms of location when offers were made to people who qualify as homeless persons. We are trying to find a way forward that keeps some unanimity, but gives us more reassurance that something will be done. I take the point made by the hon. Member for Northampton South that there could be a role for a Select Committee, but there is also a role for Government.

Homelessness Reduction Bill (Third sitting)

Clive Betts Excerpts

Committee Debate: 3rd sitting: House of Commons
Wednesday 7th December 2016 Public Bill Committees

[The Chair]

I remind the Committee that with this we are discussing the following:

Amendment 3, in clause 3, page 5, line 2, leave out “and”.

See amendment 4.

Amendment 4, in clause 3, page 5, line 5, at end insert—

“(d) what other support the applicant is or may be entitled to from any public authority under any other enactment.”

These amendments would ensure that, when assessing a case, the local authority must consider any other duties which might be owed, whether by it or by another authority, for example a care-leaver who has applied as homeless may be owed additional obligations under the leaving care provisions of the Children Act 1989.

[Mr Clive Betts (Sheffield South East) (Lab)]

At the last sitting, I talked about amendment 1 and how it was important, when local authorities made an offer of housing accommodation, to have regard to the location of that accommodation in respect of the household’s employment, caring responsibilities, schooling arrangements and so on. I said it was important to ensure that the code of guidance was implemented and I sought unanimity across the Committee on that matter.

Since then, the Minister helpfully requested a meeting with me and the hon. Member for Harrow East. We talked about what was in the code of guidance and I accept that there are probably more things in there than in my amendment. The problem is that many local authorities are not having proper regard to that and are not carrying out their responsibilities in the way we would like.

I am sure the Minister will confirm that he has now indicated that once the Bill is enacted, he will write to all local authorities to draw attention not merely to the new elements of responsibility they will have under the Act, but to existing responsibilities under previous legislation and the code of guidance. He will ask them to come forward with a strategy to deal with homelessness. He will work with the Local Government Association to try to get some model wording for the advice that local authorities will offer to those presenting themselves as homeless, including on suitability and appropriate location of a property, that a local authority should have regard to.

The Minister will ask authorities to reply to him indicating their strategy and the wording in their advice. He will then have staff available to go into those local authorities where he has concerns that they might not be following that through. I think that is a summary of our conversation, but I would be happy for the Minister to confirm that on the record. In that case, I would not press my amendment and would be happy to move on with our discussions.

[The Parliamentary Under-Secretary of State for Communities and Local Government (Mr Marcus Jones)]

I thank the hon. Gentleman for the constructive conversation that we had following last week’s Committee sitting. I am pleased that he recognises that local housing authorities must already have regard to the significance of any disruption that would be caused by the location of the accommodation to the employment, caring responsibilities or education of the person or members of the person’s household, under article 2 of the Homelessness (Suitability of Accommodation) (England) Order 2012.

I look forward to working with the hon. Gentleman on the successful implementation of the Bill. As he said, that will include working with the sector on the code of guidance and on the co-production of templates for personalised plans on this and other elements of the Bill; re-emphasising to local authorities the importance of complying with the suitability order; and taking the further steps that he has just mentioned.

--- Later in debate ---

[Mr Jones]

I hear what the hon. Lady says. We are saying that the suitability of accommodation order should be followed. We are determined that we want that to be followed and, therefore, will reiterate that in guidance. We will take the steps mentioned by the hon. Member for Sheffield South East to ensure that local authorities are complying with the law.

[Mr Betts]

That brings the discussion of this matter to a conclusion. I thank the Minister for his reassurance and for taking the significant initiative of having that conversation ahead of this sitting to try to get agreement. Not all Ministers behave in that way, so when they do we should respect it and have proper regard for it, because that is how things should be done. I very much thank the Minister for that, and I thank the hon. Member for Harrow East for joining that discussion. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

Question proposed, That the clause stand part of the Bill.

[Bob Blackman (Harrow East) (Con)]

I thank hon. Members for the amendments they have tabled and for the debate we have had. I reiterate to the hon. Member for Sheffield South East that we are not talking about mere guidance; local authorities will be ordered to take into account matters of education and employment, and the other aspects he mentioned. We wish to proceed in this Committee by consensus and discussion. If we can agree on that, it is going to help considerably.

Clause 3 will require local housing authorities to carry out an assessment for all cases in which an applicant is homeless or threatened with homelessness. The housing authority will have to look at the circumstances that caused the person to become homeless, or that threatened them with homelessness, which will be specific to that person, and it will have to look at the person’s housing and support needs.

Following the assessment, the authority must work with the applicant to agree what steps need to be taken by the applicant to secure and retain suitable accommodation, and what steps need to be taken by the authority to help them. The steps must be notified to the applicant in writing, in the form of an agreed plan, which will mean that applicants will be clear on what steps they, as well as the local authority, need to take to get accommodation.

There may be circumstances in which agreement cannot be reached. If that is the case, the local authority must record the reasons why and provide the applicant with a written copy of them that also contains the steps that the authority will take and those that it thinks it would be reasonable for the applicant to take.

The clause has been included in the Bill because local housing authorities are not currently required to assess the circumstances that have caused an applicant to become homeless or to be threatened with homelessness. That can lead to vital information about the applicant’s circumstances being missed, which in turn causes them extra difficulties. By asking applicants for more information about what happened to make them homeless or led to their being threatened with homelessness, a potential solution should be identified.

A more personalised approach will definitely help local housing authorities to get it right first time and prevent people from becoming homeless. The tailored approach will help the applicant and the housing authority to understand the actions that have to be taken and the responsibilities on both sides. The clear intention is to help both the housing authority and households to become more effective in preventing and alleviating homelessness, thereby diverting more households from the crisis point.

I have sympathy with the desire of the hon. Members for Westminster North and for Sheffield South East to ensure that the consideration of specific issues relating to education, employment, health and other matters is spelled out. Only this past weekend, a constituent’s case was related to me. The husband is undergoing knee surgery at a local hospital, the three children are in local Harrow schools, and both the mother and father of the children are employed locally. Harrow Council has offered them a place in Wolverhampton, so it is clear that the existing order is not being enforced correctly. I welcome the Minister’s commitment to making sure that local authorities understand and implement their duties. With that, I commend the clause to the Committee.

Question put and agreed to.

Clause 3 accordingly ordered to stand part of the Bill.

Clause 8

Local connection of a care leaver

Question proposed, That the clause stand part of the Bill.

--- Later in debate ---

The Bill also includes a power for the Secretary of State to increase the minimum period of accommodation, should it be available, from the current six months to as much as 12 months. In most areas of the country, six-month tenancies are still the rule and it is therefore difficult for local authorities to obtain a longer tenancy, but I am a proponent of longer-term tenancies. That is absolutely the right course of action, but we have to deal with the here and now. Let us hope that longer tenancies become the norm and people are not in the position of becoming homeless after such a tenancy.

[Mr Betts]

The hon. Gentleman makes an important point. We had a good discussion in the Communities and Local Government Committee on this as well. He is absolutely right. The clause tries to anticipate an ideal situation in the future that Ministers can act upon, while recognising the reality that, if we increased it to 12 months now, that might exclude a whole range of accommodation and make it very difficult in some areas for local authorities to find the right accommodation to offer.

[Bob Blackman]

I thank the Chair of the Select Committee. This is one of the aspects that we looked at in the Select Committee and in pre-legislative scrutiny. A longer period of 12 months was in the original draft, but after consideration of the problems we currently face, that was amended to six months. That is the minimum we would expect. We would all like to see that extended to a much longer tenancy so that families and individuals have more permanency about where they are living, but we are just setting the minimum.

Finally, the authority must give notice to the applicant to bring the duty to an end. That notice must

“specify which of the circumstances apply”

and inform the applicant that he or she

“has a right to request a review of the authority’s decision”.

It is absolutely appropriate that we get to the point where individuals will have a notice in writing informing them that the local authority is ending its duty, where they can ask for a review of the process because of the relevant circumstances.

--- Later in debate ---

[Mr Betts]

In response to the request from the hon. Member for Mid Dorset and North Poole about the Daisy-May Hudson film at our last sitting, I understand that Select Committee staff have been in touch with the Clerk to this Committee. The Clerk is looking a little vacant, but perhaps the email is on its way to say that Daisy-May has been contacted and is happy to make the film available to the Committee. It is a licence arrangement and will be available until 21 December for Members to look at.

The prevention duty is extremely important, but I will not repeat the comments by colleagues on both sides of the Committee about the heart of the Bill being to stop people becoming homeless in the first place. No doubt the Minister will say that that is not his responsibility, but he has a responsibility to draw his colleagues’ attention to matters that make it more difficult for local authorities to prevent people from becoming homeless. The Select Committee looked at a range of issues, some of them revolving around the welfare system. Reference has been made to the problems tenants face in the private rented sector with section 21 notices being issued because landlords can get more money from another tenant moving in. That will only get worse, as the Select Committee drew attention to in its report, if local housing allowance is frozen and rents continue to rise for the next four years.

The Government will not indicate that discretionary housing payments, if they are intended to deal with the problem, will increase at the same rate as rents to help local authorities to continue to bridge the gap. If they do not increase discretionary payments, the problem of section 21 notices being used to get rid of tenants who cannot afford to pay rising rents because their benefit is not sufficient will get worse, and the Minister must take account of it.

The Committee drew attention to other issues—perhaps the Minister will at least reflect and draw his colleagues’ attention to them—including direct payments and universal credit. One way to prevent a family from becoming homeless might be to arrange for payments to be made direct to the landlord, with the tenant’s agreement. We need assurances that the universal credit rules will be flexible enough to allow that to happen. For a long time, the welfare Minister’s view was that everyone would get the money and must sort it out, but if a family is not sorting it out and would welcome some assistance with direct payment to their landlord, the system should be flexible enough to enable that to prevent them from becoming homeless.

Another problem is that young people aged 18 to 21 will not be entitled to the housing element of universal credit. A young person might be in work and doing everything right. They might have their own property because they can afford it out of their earnings but then become unemployed. They might have a realistic prospect of getting another job and try hard to get one. We asked in our report whether there could at least be a period of weeks when that young 18 to 21-year-old who is not eligible for housing element of universal credit is allowed the housing element while they get back into work and are once again able to pay the rent, instead of becoming homeless and having to move out of the property.

The Select Committee drew attention to sensible solutions to those three problems. If the Government do not consider them, people may become homeless and the local authority would be unable to prevent it. A key aim of the Bill is stopping people becoming homeless and ensuring that local authorities have the range of measures they need for prevention.

[Michael Tomlinson]

I thank the Chairman of the Select Committee for making the Daisy-May film available to those of us who do not have the benefit of being a member of his Committee. If he can get round the licensing arrangements in time for the next sitting, I am sure those of us who do not sit on his Committee will be grateful.

As I am on my feet, I will say that I fully support this clause as drafted. I agree with other colleagues of all parties that this is at the very heart of the Bill and that the extension to 56 days, for example, will be greatly welcomed.

--- Later in debate ---

[Mr Jones]

We are talking about a minimum of six months. The provision does not prevent a longer period from being agreed. I hope that that reassures my hon. Friend.

The final matter that the hon. Member for Sheffield South East mentioned was housing benefit and 18 to 21-year-olds. I reiterate that the reform will affect only new claimants on universal credit from April 2017. It will not affect people in work. The measure is intended to ensure that young people do not slip into a life on benefits. Youth unemployment has a long-term scarring effect on people, so it is important to improve the incentive for young people to move into work. We are introducing a new youth obligation, which will offer a new and intensive package of labour market support for 18 to 21-year-olds to get back into work.

The measure is also about bringing parity to a system in which an unemployed young person can leave the family home whereas an employed young person may not be able to. Exemptions will be put in place to ensure that those unable to return to the family home have the right access to support, and there will be a grace period for those who have been in work for the previous six months.

[Mr Betts]

Will the Minister elaborate on his point about the grace period, which is important? Is he therefore saying that if a young person who has been in work for six months then loses their job, they will, for at least a time, get a housing element of universal credit to enable them to stay in their home while they get further work?

Homelessness Reduction Bill (Fourth sitting)

Clive Betts Excerpts

Committee Debate: 4th sitting: House of Commons
Wednesday 14th December 2016 Public Bill Committees

[Mr Jones]

Clause 6 adds clarity to the homelessness prevention and relief duties. It ensures that the requirements that a local housing authority must meet when securing accommodation for applicants itself do not apply when it takes steps to help to secure accommodation. That common sense change means that authorities can work more efficiently and can direct resources to where they are needed most, and that households get the help they need while retaining their ability to make their own choices about where they live. The Government are therefore happy to support the clause.

Question put and agreed to.

Clause 6 accordingly ordered to stand part of the Bill.

Clause 10

Duty of public authority to refer cases to local housing authority

[Mr Clive Betts (Sheffield South East) (Lab)]

I beg to move amendment 2, in clause 10, page 16, line 31, at end insert—

“(3A) Where the specified public authority makes a notification to the local housing authority the public authority must cooperate with the housing authority in meeting its duties under sections 179, 189A, 195, 189B and 199A of the Housing Act 1996.”.

This amendment would ensure that where a public authority made a referral to a housing authority in respect of a person who is or may become homeless the public authority is under a duty to cooperate with the housing authority.

The amendment is very much in the spirit of clause 10, but it goes a bit further. This was an important matter when the Select Committee held its first inquiry into homelessness and produced its first report. Indeed, chapter 7 of our report was on cross-Government working—we might have called it “lack of cross-Government working,” given the evidence from various witnesses. In the chapter’s introduction we quoted the words of Howard Sinclair, the chief executive of St Mungo’s, who said that “Homelessness is everyone’s issue”. From the evidence we heard, the Select Committee decided that all Departments need to contribute to ending homelessness.

Jon Sparkes of Crisis said

“there is very little evidence that the influence of DCLG is spreading to the other Departments.”

The Minister looks a little hurt, but he should not. We are trying to help him in the battle he has to wage with his colleagues in other Departments. We want him to have meetings with colleagues in the Department for Work and Pensions, who have produced proposals such as changing the supported accommodation allowances without any thought to what will actually happen to the accommodation provided for homeless people. That is not DCLG’s fault. As far as I know, DCLG was not even consulted. It is important for there to be genuine understanding of the actions of other Departments, such as the DWP or the Department of Health. We all know that homeless people often have mental health problems—mental health problems can cause homelessness, and homelessness can cause mental health problems—so co-operation with the Department of Health and all the various health organisations is essential.

As it stands, clause 10 is a good proposal. Authorities should be advised to contact the relevant housing authority when they recognise that a person with whom they are in contact is homeless or threatened with homelessness, which is an entirely reasonable starting point. The problem is that it is a bit like, “We have passed it over to you; it’s your problem now.” That is the exact opposite of what the Select Committee was trying to say in its report. It is not about saying, “We have identified that this person may be at risk of homelessness. Get on with it, housing authority. You will sort it out now. There is nothing else to it. It is simply a homelessness issue.” We stated very clearly that, right the way through, there has to be cross-Government working and a clear indication that that is going to happen.

My amendment therefore sets out the responsibility in a simple way. It might not go far enough, and I accept the criticism that it is too weak in its emphasis on what more can be done. All the amendment says is that an authority that passes on to a housing authority concerns about an individual who is homeless or threatened with homelessness has a duty to co-operate with the housing authority on meeting its duties. That seems to me an entirely reasonable proposition, and one that I hope we will all support.

I know the Minister’s colleagues in other Departments have to agree to any new burdens placed on them and that local authorities just have new burdens given to them; other Government Departments seem to have a say on what gets passed on to them. It seems to me entirely reasonable, and not an exceptional request, to say that while it is good that a public authority has to notify a housing authority when it comes across somebody who is homeless or who is threated with homelessness, should we not ask for that little bit more—that that public authority co-operates?

Homelessness Reduction Bill (Fifth sitting)

Clive Betts Excerpts

Committee Debate: 5th sitting: House of Commons
Wednesday 11th January 2017 Public Bill Committees

[The Chair]

The Minister may continue the speech that he started four weeks ago.

[Mr Clive Betts (Sheffield South East) (Lab)]

Let’s hope it’s worth waiting for.

[The Parliamentary Under-Secretary of State for Communities and Local Government (Mr Marcus Jones)]

That is a challenge, Mr Chope. I wish you and the rest of the Committee a happy new year.

Clause 10

Duty of public authority to refer cases to local housing authority

Amendment proposed (14 December 2016): 2, in clause 10, page 16, line 31, at end insert—

“(3A) Where the specified public authority makes a notification to the local housing authority the public authority must cooperate with the housing authority in meeting its duties under sections 179, 189A, 195, 189B and 199A of the Housing Act 1996.”—(Mr Betts.)

This amendment would ensure that where a public authority made a referral to a housing authority in respect of a person who is or may become homeless the public authority is under a duty to cooperate with the housing authority.

Question again proposed, That the amendment be made.

[Mr Jones]

Amendment 2, tabled by the hon. Member for Sheffield South East, would reintroduce a duty that was in the original draft of the Bill when my hon. Friend the Member for Harrow East first proposed it. We are concerned that the amendment would create burdensome and centrally imposed obligations on how local housing authorities interact with other public services. A one-size-fits-all obligation could create inefficiencies, potentially undoing some of the good work that is being carried out and developed naturally at local level.

In City of York Council’s response to the Communities and Local Government Committee’s call for evidence on the Bill, it highlighted the fact that local agencies in York already work together to prevent homelessness. That is just one example of effective arrangements being put in place locally that we would not want any new duties to cut across.

During our last sitting before Christmas, my hon. Friend the Member for Enfield, Southgate, spoke at some length about the national statement of expectations published by the Home Office at the start of December. That sets out what local areas need to put in place to ensure that their response to violence against women and girls is collaborative, robust and effective, so that all victims and survivors receive the help that they need. We worked closely with the Home Office in developing it and our priorities for domestic abuse services.

Both the national statement of expectations and our priorities for domestic abuse services set out what local areas need to put in place to ensure that their response is as effective as it can be, so that all victims and survivors receive the help that they need. They were developed by working with commissioners and service providers, including third sector stakeholders, and they reinforce the importance of bringing local service providers together, understanding local need, developing a strategy to meet identified need, commissioning services accordingly and setting out clear leadership and joint accountability for delivery. That is a great example of how we can stimulate and encourage good work at local level. It underlines the importance of local flexibility and expertise, and supports local innovation.

The Government are supporting that innovation further, through our homelessness prevention programme. Just before Christmas, my right hon. Friend the Prime Minister announced £50 million of funding, including £20 million for new prevention trailblazer areas across the country. One aim of that programme is to identify innovation and best practice, and the funding will support projects working across different services. For example, Brighton will provide a jointly commissioned nurse to help people with both substance misuse and mental health needs to access the support that they require. Examples such as that will create the best practice from which the rest of the country can learn.

In addition to the funding programme, I chair the local authority working group for homelessness prevention, in which about 15 local authorities come together to discuss various topics. One theme to which we will return regularly is good practice and how central Government can support and disseminate it. I also chair the ministerial working group on homelessness. The existence of that group recognises the fact that homelessness rarely results from a housing crisis alone, and that underlying issues with employment, health and justice are often critical factors. One aim of the group is better to join up homelessness strategy across Government, which in turn will help to encourage public services to work together in their local areas to prevent and relieve homelessness.

[Mr Betts]

I am listening to what the Minister is saying about the various ways in which good practice can be disseminated. Will he give consideration to including something in the guidance that he will issue, after the Bill becomes an Act, to local authorities, public bodies and other agencies about the importance of working together and co-operating?

[Mr Jones]

The hon. Gentleman raises a good point, which I will take on board and think about. There will certainly be guidance relating to the substantive clause on the duty to refer. Whether that guidance will look further into collaboration in places that are doing a good job remains to be seen, but I will certainly look at the question, as he suggests.

Finally, we will also support councils through a network of advisers. That is possibly where the suggestion made by the hon. Gentleman, who is Chairman of the Select Committee on Communities and Local Government, might apply. The advisers are experts who will work with local authorities to produce multi-agency homelessness strategies. They will also agree protocols and pathways between services in line with the good practice that already exists.

We believe that the initiatives I have set out are powerful ones that will help with best practice and encourage the delivery of local partnerships. I am not sure whether we are to have a clause stand part debate, but if we do, I shall be able to set out in more detail how the duty to refer will work. It will be an important step towards where we want to be; it will also be important for encouraging the sort of local collaboration that we want. For all those reasons, the Government believe that the amendment is unnecessary, and I ask the hon. Gentleman withdraw it.

[Bob Blackman (Harrow East) (Con)]

I echo the Minister in wishing everyone a happy new year, as we rush towards completion of our Committee sittings on this private Member’s Bill.

The Minister is quite right that there was a similar clause on duty to co-operate in the original draft Bill, and he has set out the position on co-operation between service partners. Clearly, we shall have further discussion on that on clause stand part. This matters for defining how the relationship between service partners works. Service partners are co-operating in a number of innovative local operations, and the last thing that any of us wants is to stymie those local approaches. It is important to give them a chance to work, see what best practice is, and bring forward alternatives.

Legislation is only one tool in the box for helping to relieve homelessness. We are imposing a duty—we shall come on to this in clause stand part—to refer individuals from different public bodies. My real concern about the amendment tabled by the Chair of the Select Committee is that it would give carte blanche on the duty to co-operate, without specifying what such co-operation would look like. I have a lot of sympathy with the intention behind the amendment, but the general intention of the Bill is to drive through a culture change, and an element of that is wanting culture change—in local authorities, but also in all public bodies across the piece. It is important to create strong local working relationships, and on that basis I ask the hon. Gentleman to withdraw the amendment.

The problem with this amendment in many ways is that because it includes a duty to co-operate overall, it runs the risk of creating a maelstrom across public services because of its uncosted and unbudgeted element, which would cause a problem in future. On that basis, I ask the hon. Gentleman to withdraw the amendment. I have a lot of sympathy with wanting to ensure that we have proper co-operation, but the first part of that is ensuing that public bodies refer homeless people to the local authority, so that they get expert help and advice.

[Mr Betts]

I wish everyone a happy new year and echo the sentiments of the Minister and the Bill’s promoter. I will not press the amendment for reasons that I will explain, but I want to keep an eye on the issue, because I am not totally convinced by what the Minister said.

I recognise that the Minister and the Bill’s promoter want public bodies to co-operate in all shapes and forms. I accept that that is their intention and take their comments at face value. However, I am not totally convinced that all Departments always want to engage in this way. There is a history of some Departments being less co-operative than others on some of these matters, and I think we all know that. That applies not just to Departments and Ministers, but down the line to local health bodies, for example, which in my experience are not always co-operative in every shape or form, though many are. That is the issue; it is not just about Departments, but about what happens in practice on the frontline. I listened to what the Minister said about guidance. I hope that he will reflect further on that and talk to his colleagues in other Departments about what can be done to get the message down the line about what is expected.

I thought there was a little conflict in what the Committee was told this morning. The Minister talked about a one-size-fits-all approach; a requirement on a public authority to co-operate in a very general sense cannot be described as a one-size-fits-all approach. It is a very general requirement. Indeed, the promoter of the Bill said that the amendment does not specify what co-operation looks like. If it does not specify that, it can hardly be described as a one-size-fits-all approach. The two do not quite sit together.

The Minister referred to York and Brighton, where good things are happening. That is right and is to be encouraged and commended. If authorities are co-operating anyway, this is hardly a new burden on them. My suspicion is that it is not happening everywhere. He gave examples of where it is happening, not where it is not, and there could be examples of where it is not. The amendment would require all authorities to come up to the standard of the best. It might impose a duty, but a duty that should be there anyway. I hope that, even if this requirement cannot be in the Bill, the Minister will reflect on the issue of guidance, and let us know what he intends to do about it. I beg to ask leave to withdraw the amendment.

Amendment, by leave, withdrawn.

[Bob Blackman]

I beg to move,

That the Order of the Committee of 23 November 2016, as amended on 30 November, be amended, by inserting at the end—

“and on 18 January when the Committee will meet at 2.00 pm as well as 9.30 am.”

By way of a brief explanation, this change would mean that the Committee would sit not only in the morning, but in the afternoon until we conclude our business. We have had a number of sittings during which we have had vigorous debate, which is absolutely right, but we need to move the Bill forward so that it returns to the Chamber on Report. My intention as the Bill’s promoter is for Report and, hopefully, Third Reading to be on 27 January. That would obviously necessitate us concluding our debates and deliberations next Wednesday, by when we will have certainty about concluding proceedings and the Bill going back to the Chamber. We have important issues still to resolve, but I trust that Wednesday afternoon will give us sufficient time to debate and discuss vigorously those elements.

--- Later in debate ---

[Mr Jones]

Hon. Members have made very good points. We all believe that the Bill is a good tool for enabling culture change, and that it will drive different thinking and different behaviour among local authorities. We have heard from the various charities that have done mystery shopper exercises. The Bill has been driven by a concern about the need for more consistency in how the current legislation and statutory guidance are implemented locally and how assistance is received by people who go to a local authority for it.

The clause is very much a process whereby we will enable further parliamentary scrutiny of the decisions that the Secretary of State will make on creating and bringing into force codes of practice. There is obviously the issue of reissuing guidance, or reissuing under the code of practice things that are already dealt with in guidance. As my hon. Friend the Member for Harrow East said, that will sometimes need to be done quickly and, therefore, the procedure will not apply. If we see that local authorities are not responding properly to the guidance that is currently issued, we will be able to beef up our approach quickly if necessary.

[Mr Betts]

The Minister’s proposal is very welcome. Thinking off the top of my head, almost, I am wondering whether, given that we have been setting precedents in our approach to this legislation and subject, there might be a role for the Select Committee to have a brief hearing on the draft code of practice to consider whether it really does deal with the problems that the Committee has identified.

[Mr Jones]

That is certainly an innovative suggestion, which I would need to take away and think about further. However, I see where the hon. Gentleman is coming from. I accept that we have dealt with the Bill very much in the spirit of co-operation, as we want to get the right outcome for the people we all represent. I have heard what the hon. Gentleman said, and I will take it into account.

On other codes of practice that may stem from the changes made by the Bill and other statutory guidance that is issued, it is extremely important that we enable parliamentary colleagues to be consulted on measures in the code of guidance. Although the measures will not be voted on as such, there will be a procedure whereby Members can bring a debate to the House and potentially pray against any code of guidance that they did not think was right. However, given the spirit in which we have approached this matter, rather than taking safeguards away, in most cases we would look to add further safeguards to help people. I therefore hope hon. Members are reassured that this is a positive tool with which we can enhance the situation for the people that we are trying to help through the Bill.

Amendment 13 agreed to.

Amendment made: 14, in clause 11, page 17, line 24, at end insert—

“( ) Subsections (3A) to (3C) do not apply to the reissue of a code of practice under this section.” —(Mr Marcus Jones.)

This amendment clarifies that the procedure for issuing a code of practice inserted by amendment 13 does not apply to the reissue of a code.

Homelessness Reduction Bill

Clive Betts Excerpts

3rd reading: House of Commons & Report stage: House of Commons
Friday 27th January 2017 Commons Chamber

The hon. Member for Hammersmith would cap private rent increases at the consumer prices index level, yet CPI will almost always be lower than the retail prices index plus 0.5% cap that the previous Labour Government thought reasonable for housing associations. The combination of fixed three-year tenancies and the inability to determine their own rent would mean that landlords would either refuse to take on social tenants, or be obliged to give them notice to get reasonable rent increases by starting a new tenancy. As it stands, the Bill will work with landlords to ease the burdens on tenants and local authorities. New clauses 2 and 3, despite their best intentions, would undo that good work, so I hope that they will not be pressed.

[Mr Clive Betts (Sheffield South East) (Lab)]

I will be brief because I recognise that we want to get to the final stages of this excellent Bill by the end of the sitting.

In terms of wider reach, the Bill is of course only a partial solution. The report of the Communities and Local Government Committee on homelessness drew attention to wider issues that need to be addressed. We need to build more homes in this country, particularly more affordable homes, and we need to build more affordable homes to rent. The Committee recognised that housing needs vary in different parts of the country. Different housing markets need a different response, particularly in terms of tenure mix.

We look forward to the housing White Paper, which we understand is coming soon. We hope that it will be published before the end of February, when Ministers will be coming before our Committee to give evidence as part of our inquiry into the capacity of the housebuilding industry. We will be able to pursue further some of the points about the ability to provide the homes that are needed at that time. I hope that, as the Minister for Housing and Planning seems to be indicating, we will see a move away from the idea that starter homes and shared ownership are the total answer to the country’s housing needs.

A lot has been said about longer-term tenancies in the private rented sector. The hon. Member for Harrow East (Bob Blackman) is absolutely right. When the Select Committee looked at that in the previous Parliament, we supported longer-term tenancies. We want to encourage everyone to move towards them. Within those tenancies, people can get the certainty of an agreed annual rent increase, which is different from having an artificially imposed rent control from outside.

In the here and now, money is absolutely crucial to the Bill’s success. We are getting a little confused about the timings of reviews. From the Select Committee’s point of view, two years on from implementation seems to be a good time to review whether the legislation is working and whether the money available had enabled it to work over the previous two years. I hope that the Minister sees the commitment to a review as a helpful proposal. Alongside the Government, we will review the working of the legislation and the position regarding money. Although there is money in the first year to help local government with start-up costs, after the regulations have been put in place, the Act will probably not be implemented for about a year. We then have a second year with limited funding, and then no funding in the third year, which is probably the second year of operation. I have concerns about that.

I cannot see that there will not be costs to local councils, so I think there is a need for a more immediate review after the Bill is passed, with regard to that third year. If Ministers are looking at a quicker, more immediate review of the finances as soon as the Bill is passed, that would be helpful. The Select Committee would be ready to do an immediate review on that very limited basis, if it would assist the process.

[Mr Marcus Jones]

It is a pleasure to follow the Chairman of the Communities and Local Government Committee, the hon. Member for Sheffield South East (Mr Betts).

Right hon. and hon. Members have spoken quite a lot about the whys and wherefores of process, and about who tabled which amendments where and when—which side is more sanctimonious than the other almost springs to mind. I am not going to get into that because the Bill is very much about outcomes for people who are at risk of homelessness and people who have unfortunately become homeless.

I am grateful for the opportunity to speak to the new clauses tabled by the hon. Member for Hammersmith (Andy Slaughter). New clause 1 would put on the face of the Bill a statutory requirement for the Secretary of State to review the legislation no earlier than one year and no later than two years after commencement, and would require the review to consider the funding of the provisions. The hon. Gentleman will recall that the question of reviewing the costs of the legislation was raised and discussed at length in Committee, but for the benefit of those who were not there I shall state my commitment very clearly.

I will review the implementation of the legislation, including its resourcing and how it is working in practice, concluding no later than two years after the commencement of its substantive clauses. I will also carry out, in the same timeframe, a post-implementation review of the new burdens to review the robustness of our assessment of the estimated cost to local authorities and the underlying assumptions. As part of both reviews, I would welcome the input and expertise of the Select Committee, and I am happy to discuss how it could be involved. The resources and funding requirements related to the duties I have outlined will also be considered alongside all the other responsibilities of local authorities as part of future spending reviews.

It is important to bear it in mind that the Bill’s provisions will not be implemented on the day it receives Royal Assent, as the hon. Member for Hammersmith acknowledged. We were clear in Committee that the Bill’s successful implementation will depend on working with local government to ensure that resources, guidance and training are in place before its provisions are enacted. For that reason, each measure in the Bill can be commenced independently, once local authorities are ready. Given that fact, a statutory requirement to review, tied to the commencement date of the eventual Act, is unworkable, because the substantive clauses will be commenced at a later date. I also argue that such a statutory requirement is unnecessary given the commitments already in place and the long-standing new burdens assessment procedures.

--- Later in debate ---

[Bob Blackman]

If my hon. Friend would like to go through the 18 pages of the Bill, he will find that people leaving the armed forces are specifically mentioned as being owed a duty under it. Under the armed forces covenant, they should already be provided with accommodation and with help and assistance from their relevant local authority, but there is a new duty on the armed forces to refer people who are leaving to the relevant local authority so that they get help and assistance early on rather than having to seek advice separately. Someone who is leaving the armed forces, as a planned move, should be referred to their relevant local authority, which of course may not be where they are currently based as a member of the armed forces.

I am particularly pleased that the Minister has proposed in his amendments that the requirement for interim accommodation is continued until any reviews are completed. One of the key aspects of the Bill, from my perspective, is to make sure that applicants who are facing an absolute crisis point in their lives, many of whom are becoming homeless for the first time ever, are not put in a position whereby they are told by a local authority, “This is what you’re going to have—take it or leave it.” It is absolutely imperative that there is an agreement between the applicant and the local authority. If the local housing authority acts in an unfair way from the perspective of the applicant, there must also be a process whereby they can seek external help or assistance from appropriate charities in order to get a review to make sure that they are given the proper help and advice and end up being in a position to be offered accommodation.

I welcome these amendments and hope the whole House will support them.

[Mr Betts]

When we discuss a Bill on Report, there are times when we find ourselves dealing with an awful lot of Government amendments and suspect that Ministers are trying, at the last minute, to slide one or two contentious issues past the House under the radar, thinking that people might miss them due to the great complexity of our discussions—[Interruption.] I am sure that my right hon. Friend the Member for Leigh (Andy Burnham) never did that when he was a Minister, as he has just indicated. This, however, is not one of those occasions.

As my hon. Friend the Member for Hammersmith (Andy Slaughter) said, there has been a great deal of discussion not only in the House, by Members on both sides, but outside it with the charities arguing the case for homeless people, the Local Government Association and landlords, among others, to try to get this right. It is important that we do get it right, even though the process has taken a bit longer than some of us would have wished.

Once again, I pay tribute to the diligence and forbearance of the hon. Member for Harrow East (Bob Blackman) in trying to get us moving forward in a consensual manner on these issues. As he said, it took us a long time to get to this version of clause 1, which has appeared in many formats. It goes to the heart of the concerns that many of us have about the workings of existing legislation. One of the worst aspects of the way in which homeless families are currently treated—even those who are acknowledged to have a priority need—is that they are told to go away, sit at home and wait for the court to hear their case, and that then the authority may act, once a court order has been made, to deal with their situation. In the very worst cases, they are told, “Wait until the bailiff has arrived and while you are out on the street, we might decide to deal with you as a homeless family.” That situation is not acceptable, so it is important that it changes as a result of this Bill. The hon. Gentleman said that, importantly, the 56-day provision will not end responsibility—the prevention duty continues beyond that time if a family does not yet have settled circumstances.

I had concerns that the specific requirement to deal with homelessness once a section 21 notice had been served, rather than allowing the matter to get to court, which was in a previous version of clause 1, had been taken out. I accept that the requirement for local authorities to exercise the prevention duty means that as soon as a section 21 notice is served and the family provide the local authority with that information, the duty kicks in and the local authority immediately has to seek to resolve the family’s homelessness and look for alternative accommodation for them.

The code of guidance, which was discussed at length in the Bill Committee—I had a discussion about it with the Minister outside the room and then we referred to it in Committee—will be important to make it clear to local authorities how they should treat a family who are subject to a section 21 notice and in priority need. They will need to make sure that they do not get to the court stage before action is taken. It is also important for making sure that an offer acknowledges, as far as possible, an individual family’s circumstances with regard to the schooling of children, the employment of family members, caring responsibilities and so on. Moreover, if a family have to be offered accommodation outside the borough, the receiving borough has to be notified that they are coming. Many of those important issues are in the existing code of guidance, but authorities have not implemented the code or addressed them.

We all hope that the Bill will be enacted before long. The Minister said helpfully in Committee that he will present the code of guidance to Parliament for approval, which is welcome. Our Select Committee has said that we will quickly arrange an evidence session on the code because we want to make sure that it is right. Getting the Act right but having a code of guidance that does not work will leave us no better off; getting both of them right will make the situation much better so that local authorities are able to address the issue of homeless families. I hope that Ministers will welcome that as another way in which the Select Committee can play a constructive role in this private Member’s Bill process by ensuring that the legislation has cross-party support and really works for homeless people.

[Bob Blackman]

I thank the hon. Gentleman—I shall call him my hon. Friend—for giving way. We look forward to the publication of the code of guidance once the Bill is enacted. The Bill also makes provision for issuing statutory codes of practice, so if local authorities fail to live up to both the spirit and the letter of the law, the Secretary of State will have the opportunity to impose on them a requirement to do what we expect them to do.

[Mr Betts]

That is very helpful. The Select Committee might well want to extend its remit and look at those codes of practice as well to make sure that everything is working. Indeed, the Minister has gone further by saying that he wants local authorities to indicate to the Government how they intend to implement the Bill. Ministers want to work with the LGA to get templates for how elements of the Bill, including giving advice to individuals who are not in priority need, should be implemented. Those are welcome measures and the LGA will want to be thoroughly involved in the process. With those comments about the issues that will need to be addressed once the Bill becomes an Act, I am happy to support the Government amendments.

--- Later in debate ---

[Mr Marcus Jones]

I would like to respond to several of the matters raised by colleagues.

The hon. Member for Hammersmith (Andy Slaughter) mentioned the work with the LGA around amendment 10. He is correct on that, as he is on amendments 20 and 21, in relation to the concerns of the charities, particularly Shelter. He showed that he is extremely sharp when he raised the point about costs and the comments I made earlier about when I would bring forward further details of the additional cost incurred due to amendments that have been made to the Bill this morning. Indeed, my intention was to bring those costs to the House once the Bill had been amended. I will not tease the hon. Gentleman any further. In a few minutes, I hope to be giving further detail on the cost.

Before I conclude, I want to correct one point I made this morning when we dealt with the second group of amendments and I was responding to the points made by the hon. Member for Sheffield South East (Mr Betts). He raised the issue of the code of guidance and it being put before the House. I inadvertently said that the code of guidance would be put before the House. I am sure that the hon. Gentleman will recall from all those long Committee sittings that it is in the legislation that the code of practice will come before the House, rather than the code of guidance. However, I will seek to reassure my hon. Friend, or rather the hon. Gentleman—I was straying into risky territory again, there. I want to reassure him by saying that we would certainly welcome his Committee’s involvement in relation to the consultation on the revised code of guidance that will come out of the provisions in the Bill.

[Mr Betts]

I thank the Minister for that helpful clarification. The Committee will try to play a constructive role in that. We welcome the code of guidance coming to us, and we will as quickly as possible take a look at it and get comments back to him. Equally, if the code of practice is coming to the House, we will probably want to play a role as part of that formal process as well.

[Mr Jones]

I thank the hon. Gentleman for his intervention. As ever during this process, he has sought to use a very constructive tone in the debate and has shown pragmatism. We have been able to all work together; that goes for the Opposition Front-Bench team, too. It has not been easy at times, but there has been a pragmatic approach to making sure that we get this legislation into a good place and to the other end of the Corridor, thereby encouraging noble Lords to support not just the amendments dealt with today, but the overall Bill as a significant package towards helping people who are at risk of becoming homeless, or who do indeed become homeless.

Amendment 10 agreed to.

Amendments made: 11, page 11, leave out lines 29 and 30.

This amendment, and amendments 12 and 13, limit the grounds on which a notice can be given under new section 193A of the Housing Act 1996 (inserted by clause 7), so that it can only be given if the applicant deliberately and unreasonably refuses to take a step that the applicant agreed to take, or that was recorded, under new section 189A of that Act (inserted by clause 3).

Amendment 12, page 12, leave out lines 9 to 11.

See amendment 11.

Amendment 13, page 12, line 16, leave out from “refuse” to “after” in line 17 and insert—

“to take any such step”.

See amendment 11.

Amendment 14, page 13, line 16, after “made” insert “by a private landlord”.

This amendment, and amendments 15 and 16, make it clear that a final offer of an assured shorthold tenancy would not be made by the local housing authority itself, but rather be made by a private landlord and approved by the authority. A local housing authority cannot grant an assured shorthold tenancy - see sections 1 and 19A of, and paragraph 12 of Schedule 1 to, the Housing Act 1988.

Amendment 15, page 13, line 19, leave out “by or”.

See amendment 14.

Amendment 16, page 13, line 29, leave out from “not” to “unless” in line 30 and insert—

“approve a final accommodation offer, or make a final Part 6 offer,”.

See amendment 14.

Amendment 17, page 13, line 39, after “if” insert “—

(a) section 193ZA(3) disapplies this section, or

(b) ”—(Mr Marcus Jones.)

This amendment inserts, into section 193 of the Housing Act 1996, a reference to section 193ZA of that Act (inserted by amendment 10), under which section 193 can be disapplied.

Clause 9

Reviews

Amendment made: 18, page 15, line 6, after “section” insert “193ZA or”.—(Mr Marcus Jones.)

This amendment allows an applicant to request a review of a local housing authority’s decision as to the suitability of accommodation offered to the applicant by way of a final accommodation offer or a final Part 6 offer under section 193ZA of the Housing Act 1996 (inserted by amendment 10).

Clause 12

Suitability of private rented sector accommodation

Amendments made: 19, page 17, line 22 , after “section” insert “193ZA(6) or”.

This amendment applies the provision in article 3 of the Homelessness (Suitability of Accommodation) (England) Order 2012 (S.I. 2012/2601), about when accommodation is to be regarded as unsuitable, to a decision by a local housing authority as to whether they should approve a final accommodation offer by a private landlord for the purposes of section 193ZA of the Housing Act 1996 (inserted by amendment 10).

Amendment 20, page 17, line 26, leave out “vulnerable person” and insert—

“person who has a priority need”.

This amendment applies the provision in article 3 of the Homelessness (Suitability of Accommodation) (England) Order 2012 (S.I. 2012/2601), about when accommodation is to be regarded as unsuitable, to accommodation secured by a local housing authority, in discharge of their duty under section 189B(2) or 195(2) (inserted by clauses 5 and 4, respectively), for all persons who have a priority need rather than just “vulnerable persons”.

Amendment 21, page 17, leave out lines 32 to 37.— (Mr Marcus Jones)

See amendment 20. This amendment removes the definition of “vulnerable person”.



Third Reading

--- Later in debate ---

[Mr Betts]

This is obviously a time for congratulations, and I shall not disappoint, but we should still remember that, tonight, in this rich country, there will be people sleeping rough on our streets, individuals sleeping on sofas that belong to friends, families trying to live with relatives in overcrowded accommodation, and other families living in unacceptable and inadequate interim accommodation.

We also have to be careful not to give the impression that, as a result of this Bill, all these problems will be resolved. It will make a contribution to solving the homelessness problem, but it will not actually solve it. It will help to reduce homelessness—that is what the title of the Bill says—but it will not, of itself, solve the problem of homelessness.

However, congratulations are due, particularly to the hon. Member for Harrow East (Bob Blackman)—on this occasion, I will reciprocate and call him my hon. Friend. We should not underestimate the amount of time, sheer hard work and effort that he and his staff have put into bringing the Bill to this stage, as well as the forbearance—there must have been times when he was tearing his hair out. [Interruption.] Yes, it’s the same with my hair. He must have been tearing his hair out at the complexities and at the need to get different competing forces together to take the Bill forward on a consensus basis. There have not necessarily been problems with getting consensus across this House, but there has been a lot of consensus-building to do outside, and everyone does not always see and appreciate that. I express many thanks and congratulations from the whole House, I think, to the hon. Gentleman for what he has done.

The cross-party nature of proceedings extended right through the Bill Committee to all Members. That applied particularly to the Minister—[Interruption.] I thought for a minute that he had gone—that he had given up and left us to it, but he is still there. Throughout, he engaged with all members of the Committee. Where we had issues we needed exploring, he tried to deal with them in the Committee, but also outside—either himself or through his officials. That is really appreciated. Even today, he has suggested ways in which the Select Committee can continue to be involved in the code of practice, the code of guidance and the reviews. That is really constructive and helpful, and it shows a recognition of how the whole House can make a contribution.

I also congratulate my hon. Friend the Member for Hammersmith (Andy Slaughter), who has obviously held the Government to account, and quite rightly, including on some broader issues today. Nevertheless, he has played a constructive and positive role. My hon. Friends the Members for Westminster North (Ms Buck) and for Dulwich and West Norwood (Helen Hayes), who are here with me, also played their role.

I want to say a little about the Select Committee. It is good that, as well as the hon. Member for Harrow East and my hon. Friend the Member for Dulwich and West Norwood, the hon. Member for Northampton South (David Mackintosh) has seen this process right the way through. Indeed, I think I am right in saying that he first suggested that the Select Committee look at homelessness as the subject of a report. It was around a year ago that the Committee started taking evidence. Indeed, I have the report here—I carry it around with me at all times, of course—and we had our first hearing on Monday 14 March. It is appropriate that, on that occasion, some of our first witnesses were from Crisis, St Mungo’s and Shelter, and they have certainly been an important part of this whole process, along with other organisations.

As I mentioned on Second Reading, the way in which the Select Committee was involved from the beginning—doing our report and then the pre-legislative scrutiny—has not merely followed precedents, but actually set precedents for the House, and I hope those precedents will be followed on other occasions. That is very important, and the Committee will follow the Bill with a look at the new burdens review the Government are doing, at the code of practice—when it is produced—at the code of guidance and then at the two-year review of how the Act is operating.

Let me finish by saying that the Select Committee’s initial report looked at the wider issues. There is still the issue of the shortage of homes in this country. We are now doing an inquiry into the capacity of the house building industry, and as part of that we hope to ask Ministers questions about the housing White Paper. I think that the permanent secretary said when she came to the Select Committee two weeks ago that it will be available soon, and we hope it will be. The word “soon” has an expandable quality in Government circles, but I certainly hope it will be before the end of March.

Building enough homes, particularly homes that people can afford, or afford to rent, is absolutely crucial in dealing with the problem of homelessness in the long term. I will not go into issues about the sell-off of high-value assets, although it is interesting that the permanent secretary used the word “if” in relation to that when she came to talk to us. Of course, Ministers could not possibly comment, but let us hope that there may be substance to the word “if” on this occasion. We want co-operation in dealing with homelessness. Organisations at the local level—health authorities and others—need to properly engage with councils in tackling homelessness. That is absolutely crucial. It is also important that Government Departments get their act together and understand that the policies of one Department can affect the operation of policy in another.

In our report we drew attention to welfare reform in general terms, and to the particular issue of the withdrawal of housing benefit from 18 to 21-year-olds and how that can affect people. Young people who lose a job should not be put out on the streets or forced out of their home while they try to find another one. We addressed the problems with universal credit and the difficulties that can be created, and already are being created in some parts of the country, in driving up rent arrears. That is a serious potential problem. We hope that Ministers will look at this to see whether, on occasion, payments direct to landlords, where tenants are satisfied that that is appropriate, can help to stop such problems occurring—and stop homelessness occurring, given that one of the major causes is the loss of private rented tenancies, as we heard in evidence.

With just those caveats about issues that we need to look at further, I very much welcome and support this Bill. I am really pleased that we have got to this stage. Once again, I particularly thank the hon. Member for Harrow East for selecting this subject and for operating so consensually and collectively to get the Bill to this stage.