Secure Tenancies (Victims of Domestic Abuse) Bill [Lords]

Heather Wheeler Excerpts

Monday 19th March 2018 Commons Chamber

[The Parliamentary Under-Secretary of State for Housing, Communities and Local Government (Mrs Heather Wheeler)]

I beg to move, That the Bill be now read a Second time.

I am delighted to move the Bill’s Second Reading. Hon. Members will know that domestic abuse is a devastating issue that has a serious impact on the lives of the victim and their family, and on society as a whole. It can be physical, psychological, sexual and financial, and when violence is involved, the victim and their family are placed in immediate physical danger. All forms of domestic abuse have long-term damaging emotional effects on the victim and their family, and place huge costs on society and the public purse. An estimated 1.9 million people in England and Wales suffer from some form of domestic abuse each year, according to crime survey statistics.

This short and focused Bill is an important part of the Government’s wider aim of supporting victims of domestic abuse to leave their abusive situation and ensuring that they and their families are provided with the stability and security that they need and deserve. We are fortunate that the Bill has reached us after scrutiny in the other place. The amendments made there have improved its consistency and extended protections for victims of domestic abuse. I am aware that the Bill has strong cross-party support. I commend the Minister for faith, Lord Bourne, for successfully steering it through the other place and pay tribute to domestics abuse charities, particularly Women’s Aid, for their contribution to ensuring that it is in such good shape.

[Catherine West (Hornsey and Wood Green) (Lab)]

Will the Minister join me in praising the work of Solace Women’s Aid in London? It does an incredible job for women who are survivors and victims—sadly—of domestic abuse.

[Mrs Wheeler]

I thank the hon. Lady for mentioning Solace, which has a very good reputation across London. It is quite right that it should get a namecheck in this place.

The Bill will do two things. First, it will ensure that if victims of domestic abuse who have a lifetime social tenancy need to flee their current home to escape abuse, they will be granted a new tenancy and retain their lifetime tenancy in their new social home. It will also apply to lifetime tenants who, having fled their homes, may be considered to have lost their security of tenure, or may have lost their lifetime tenancy altogether before they are rehoused. The Bill will specifically protect all lifetime social tenants in such circumstances, whether they have a secure local authority tenancy, or an assured tenancy with a private registered provider of social housing —a housing association.

Secondly, the Bill will ensure that victims of domestic abuse who are joint lifetime tenants and want to remain in their home after the abuser has left or has been removed can be granted a new lifetime tenancy after the joint tenancy has ended. We have Baroness Lister of Burtersett to thank for her persistence in ensuring that the Bill should be extended to apply to that situation as well. The provisions will apply to all local authorities in England, and not only when the tenant is a victim of domestic abuse, but when a member of the household, such as a child, has suffered domestic abuse. The definition of domestic abuse has deliberately been drawn widely to apply not just to those who have suffered physical abuse and violence, but to victims of psychological, sexual, financial and emotional abuse.

The Bill delivers on a commitment the Government made to the House during the passage of the Housing and Planning Act 2016. We committed to ensuring that when local authorities move to fixed-term tenancies, the regulations that specify when they may grant a further lifetime tenancy would make that mandatory for victims of domestic abuse. Primary legislation is necessary for us to deliver on that commitment, and I am very pleased to be introducing it today.

I should make it clear that the Bill does not create a new requirement for local authorities to rehouse lifetime tenants who are the victims of domestic abuse, and does not require local authorities to grant a further tenancy to victims in their own homes after the perpetrator has left. However, it ensures that when a lifetime tenant is rehoused in those circumstances, or when a victim is granted a new tenancy in his or her home after the previous tenancy has ended, the victim does not lose security of tenure. The purpose is to remove an impediment that could prevent victims from leaving their abusive situations, or from taking steps to secure their safety in their current social homes. The Government are absolutely committed to supporting victims of domestic abuse.

[Toby Perkins (Chesterfield) (Lab)]

That support for victims of domestic violence is incredibly important. Will the Minister say a little more about allocations policy, which seems to be applied very inconsistently in different local authority areas? If a victim of domestic violence moves from one area to a hostel in another local authority area, should that local authority have a responsibility for the tenant who is fleeing domestic violence?

[Mrs Wheeler]

The average stay in a hostel or refuge can be up to four and a half or five months, so a local connection is created. Most local authorities that deal on a workaday basis with people who need to be rehoused from refuges take the view that domestic abuse is one of the highest priorities when it comes to the reallocation of premises. I think that there needs to be a full and frank discussion about which is the best place for a family to move to, and the best place may be where the family have been for the last four and a half months.

[Toby Perkins]

It is true that some local authorities take the view that the Minister describes, but would it not be better if central Government made the rules clear? Allowing people who are fleeing domestic violence to stay in hostels for an extended length of time simply in order to develop a local connection is the wrong approach. Do the Government plan to put in statute the rights of victims of domestic violence in respect of future allocations?

[Mrs Wheeler]

That is a very good question, but I do not think there is the problem that the hon. Gentleman thinks there is. I have certainly never known that to be the case.

As I have said, the Government are absolutely committed to supporting victims of domestic abuse, which is why we have invested £33.5 million in supporting them since 2014. However, we want to go further. We are carrying out a fundamental review of the commissioning and funding of domestic abuse services, which will conclude this summer. I look forward to updating the House on its progress later in the year. We will also announce details of further significant funding for domestic abuse services as early as possible in the new financial year. It will be open to all local areas to bid for a share.

[Leo Docherty (Aldershot) (Con)]

I am very pleased that the Bill is being introduced, but will my hon. Friend give us a little more detail about how information about the changes will be spread? My constituency is lucky to benefit from the work of the North East Hampshire Domestic Abuse Forum, led by the magnificent Karen Evans, which does a tremendous job of spreading such information. What provision does the Bill make for that sort of work?

[Mrs Wheeler]

The Bill is specifically about lifetime tenancies. The review of women’s refuges is about provision across the country. Some areas specialise in sanctuaries rather than hostels or refuges; others specialise in hostels followed by move-on accommodation and the involvement of outreach workers. We intend to review all provision in the country, to close the review in the summer, and to report back in the autumn. We will be updating the House as we proceed.

The most recent lettings data show that in 2016-17, some 1.52% of all social lettings were to existing social tenants who cited domestic violence as the main reason why they left their previous social home. This may be a small proportion of tenants, but it is still more than 5,000 lives affected by domestic abuse, and those people can be supported better under the provisions in this Bill.

As Lord Bourne of Aberystwyth said in the other place, we understand and appreciate

“that there will be other circumstances in which it might be appropriate for local authorities to continue to offer lifetime tenancies at their discretion. We will set out those circumstances in regulations that we are currently developing.”—[Official Report, House of Lords, 9 January 2018; Vol. 788, c. 136.]

I hope that that helps the hon. Member for Chesterfield (Toby Perkins). These regulations will be subject to the affirmative procedure, and the House will have the opportunity to debate them after they have been laid.

As I said at the start of my speech, this Bill has already faced scrutiny in the other place, and it reaches us in a much better shape as a result. This is a great example of how constructive cross-party efforts can have positive results, and I have been extremely pleased with the work going forward. I am grateful to colleagues on both sides of the House for taking so much time to talk to me about the Bill. I hope that all hon. Members can support this narrow Bill for a specific purpose. I look forward to our further helpful debates about the Bill.

--- Later in debate ---

[Melanie Onn]

My hon. Friend makes the important point that it is not a single issue but a variety of factors that has culminated in a very difficult situation for women and domestic abuse victims, who are in incredibly vulnerable positions.

Despite the intentions for the 2016 Act, it became clear that they had not been implemented. Ministers have acted quickly to rectify that situation by bringing this Bill to the House. I am pleased that the Bill is before us today and that dealing with the matter was not delayed until the introduction of the domestic violence and abuse Bill, as this is a matter of critical importance.

Housing insecurity has a massive effect on women’s ability to leave abusive relationships and to start rebuilding their lives after managing to leave. A Women’s Aid study showed that 63% of women in its refuges had spent over two years in their abusive relationship, with 17% spending over 10 years in it. Women’s Aid also says that housing concerns are a major barrier for many women who are trying to escape domestic abuse, and that housing insecurity interferes with the processes that enable them to begin undoing the harms of domestic violence. The reality is that far too many women are put in a position where their only choice is between staying in an abusive relationship and ending up in a temporary accommodation system that is increasingly unfit for purpose. That is truly horrific.

Many women in abusive relationships also have children and other dependants whom they must consider when making their dreadful choice. That is why this Bill is so important. By providing security of tenure to those who previously held old-style secure tenancies, the Bill will remove a key barrier that prevents victims of domestic violence from leaving an abusive relationship and rebuilding their lives.

The Bill helps only a fraction of victims of domestic violence, however, and in one way. Such victims are the people who are forced out of their properties, abandoning friendships, communities, their children’s schools and other family members. Rarely in our justice system do we see the perpetrator rather than the victim being forced to give up so much of their life. It is not right that victims of domestic violence should be forced to do just that in such a sudden and immediate way. They often have to leave with little notice and have no opportunity to plan or secure future housing, schooling and many other needs. I am pleased to see that the Under-Secretary of State for the Home Department, the hon. Member for Louth and Horncastle (Victoria Atkins), in the Chamber to hear this. These issues cannot be solved without joint enterprise between Government Departments, and I am pleased that she is here to listen to the debate.

It is welcome that the Bill offers a secure tenancy to victims, but many will simply be unable to go through the process of moving into such a tenancy straight from their previous one. Many victims of domestic abuse will leave their abusive relationships with very few possessions and nowhere to go. This is why we need a fit-for-purpose refuge system to provide a safe haven for those with nowhere to go. Unfortunately, the current system is simply failing women across the country. Just this Friday, victims of domestic violence from Birmingham were offered accommodation in Burton and Milton Keynes, and even as far away as Manchester. Birmingham is not a small town experiencing a spike in referrals. It is a city of 2.5 million people that is sending victims 86 miles away because it does not have the capacity to accommodate vulnerable people.

Sadly, that fits into the national crisis under this Government. One fifth of specialist women’s refuges have shut down under the Conservatives, and 60% of all referrals to refuges were declined in 2016-17 due to a lack of space. Furthermore, 95% of refuge managers have reported turning away victims with complex mental health needs, with physical impairments or with a large number of children over a six-month period because they simply did not have the means to accommodate and care for them. On a typical day, 155 women and 103 children are turned away from refuges. This national crisis needs urgent attention, but instead the Government are pressing ahead with their catastrophic reforms to supported housing funding that threaten the future of refuges as we know them. Charities such as Women’s Aid, St Mungo’s, Shelter and the Salvation Army all highlighted their concerns to the Government during the consultation period, and serious questions remain about the effect of the Government’s proposals on refuges.

The reality for the funding of refuges is that, following an oversight—if I am going to be generous—by the Government, supported housing, including refuges, was included in the local housing allowance caps. A review into the funding of supported housing ended on 23 January, but the Minister has said today that there will be yet another extension, review and consultation, specifically with regard to refuge. It seems to me that when refuges are asking for security and reassurance for the sector when it comes to funding, another review will not help.

[Mrs Wheeler]

To set the record straight, it is not a review. It is an audit, and we have been asked by those in the business to do this.

[Melanie Onn]

I thank the Minister for that comment. I genuinely believe that this has been asked for as a result of the lack of clarity that came out of the Government’s review that ended on 23 January. The sector needs security and reassurance about its funding if it is to extend its provision and support the people who, as the Minister has rightly acknowledged, deserve all the support that the Government can afford to provide.

How can councils measure local demand when two thirds of victims of domestic abuse come from outside their local authority area? Are the Government finally ready to offer assurances to providers of refuges, and to guarantee that funding will be ring-fenced for 2021 and beyond and that the £500 million set aside by the Treasury for 2021-22 has been assigned to supported housing? According to Women’s Aid, more than half of refuges will have to close their service entirely or reduce the number of spaces available if these reforms go through as proposed. Will the Government therefore use the end of the consultation period on 23 January to finally listen to the experts in this field and to reconsider their reforms?

One thing that the Government must do to remove some of the pressure on short-term supported housing providers is ensure that victims and their families are rehoused in their secure tenancies as soon as possible. However, social rent capacity—whether provided by councils or by housing associations—is in crisis. New social housing is desperately needed, but the Government funded fewer than 1,000 new homes last year. In 2010, Labour left the Government a legacy of 40,000 new social rental houses a year, because we knew that having readily available social housing stock around the country is critical for so many people, including domestic violence victims. The Conservatives have taken a wrecking ball to that legacy, with fewer than 1,000 social rental homes being built in the past year, a number dwarfed by the 13,500 social homes that were sold off under the Government’s right-to-buy scheme.

That perhaps explains the Government’s rationale behind the Housing and Planning Act 2016. Rather than allowing councils to offer a secure, stable home to those who need it and building a sustainable amount of social housing, the Government decided to rip the heart out of social housing by making social tenancies more insecure. I note that the Government have not published plans to go ahead with the change agreed in the 2016 Act, and I wonder whether they have seen sense and have reconsidered the changes that they proposed in 2016. If not, perhaps they will tell us today when they plan to implement the changes.

The Government must solve the myriad problems with provision for domestic abuse victims as soon as possible. The Bill before the House today represents a small step in the right direction, and we will support it, but this legislation should have been enshrined in the 2016 Act. As such, Labour will be particularly hawkish in ensuring that the Bill carries out its intended purposes and lives up to the guarantees that the Government gave in the other place. The Bill must ensure that the many women who move local authority area after being victims of domestic abuse can transfer the right to a secure tenancy to their new local authority. The Government guaranteed that after an amendment tabled by my colleague Baroness Lister, as the Minister recognised.

Victims of domestic abuse need support after leaving an abusive relationship, and knowing that a safe pathway out of an abusive relationship exists will ease many of the worries that prevent the ending of an abusive relationship. Much more needs to be done to make that a reality. I hope that the forthcoming domestic violence and abuse Bill does much to improve provision, but we are happy to support this Bill’s Second Reading.

--- Later in debate ---

[Mrs Wheeler]

With the leave of the House, Madam Deputy Speaker, I am grateful to have the opportunity to respond to the debate.

As I set out in my opening speech, the Bill forms part of the Government’s wider work to support victims of domestic abuse. Some £20 million of spending supports 80 projects with more than 2,000 bed spaces, helping to build a new life for domestic violence victims in safety and security. The Bill removes an impediment to victims of domestic abuse from being able to escape their abusive situation. It ensures that those who have a lifetime social tenancy and need to flee their current home so as to be safe from abuse are able to retain their lifetime tenancy in their new social home.

The Bill was improved in the Lords. As a result, it also covers a situation where a victim of abuse who is a joint lifetime tenant and wants to remain in their current home after the abuser has left or been removed can be granted a new sole lifetime tenancy in their social home. We have ensured that the Bill covers off circumstances in which a victim of domestic abuse who has or had a lifetime tenancy is seeking a new tenancy as a consequence of that abuse. This may be a short Bill but, as I am sure that we all agree, it is an important one with the potential to make a real change to victims’ lives.

A few questions were raised during the debate. In response to the hon. Member for Chesterfield (Toby Perkins)—I will read this word for word, if I may—“A further Government amendment was made to the existing provisions of the Bill for victims who move to cover the scenario where the tenant has lost her security of tenure or no longer has a tenancy at all after she has fled her home. The amendment means that in this circumstance she will still be granted a lifetime tenancy in the new council property so long as the new tenancy is granted for reasons connected with the abuse.” I think that that answers his question.

[Toby Perkins]

Will the Minister give way?

[Mrs Wheeler]

No, I will not—I have to move on.

My hon. Friend the Member for Clacton (Giles Watling) brought up the matter of domestic violence as a priority for Essex police. I am very grateful for that. Councils have been given large amounts to help them to support people in this regard, and training on domestic abuse has been provided from that funding pot.

My hon. Friend the Member for Northampton South (Andrew Lewer) mentioned GPs charging for letters. The provision of notes or letters as evidence falls outside a GP’s NHS contract, so a fee can currently be charged. This issue was raised in the Lords, as we heard, and Lord Bourne of Aberystwyth has already written to the Department of Health and Social Care about it. While we await a response, it is important to note that GP contract negotiations for 2018-19 are still ongoing and negotiations for the 2019-20 contract begin in April. We look forward to receiving the details of that response.

We have had a very good debate. There is cross-party support for the Bill. I am grateful to everybody who has been involved in the debate and hope that I have dealt with the points that have been raised. I commend the Bill to the House and look forward to discussing it further during its later stages.

Question put and agreed to.

Bill accordingly read a Second time.

[Madam Deputy Speaker (Dame Rosie Winterton)]

We now come to the programme motion. I must inform the House that paragraph 5 of the motion on the Order Paper should refer to Third Reading being brought to a conclusion three hours after the commencement of proceedings on consideration, not on Third Reading.

Secure Tenancies (Victims of Domestic Abuse) Bill [Lords] (Programme)

Motion made, and Question put forthwith (Standing Order No. 83A(7)),

That the following provisions shall apply to the Secure Tenancies (Victims of Domestic Abuse) Bill [Lords]:

Committal

(1) The Bill shall be committed to a Public Bill Committee.

Proceedings in Public Bill Committee

(2) Proceedings in Public Bill Committee shall (so far as not previously concluded) be brought to a conclusion on Tuesday 27 March.

(3) The Public Bill Committee shall have leave to sit twice on the first day on which it meets.

Proceedings on Consideration and up to and including Third Reading

(4) Proceedings on Consideration and proceedings in legislative grand committee shall (so far as not previously concluded) be brought to a conclusion two hours after the commencement of proceedings on Consideration.

(5) Proceedings on Third Reading shall (so far as not previously concluded) be brought to a conclusion three hours after the commencement of proceedings on Consideration.

(6) Standing Order No. 83B (Programming committees) shall not apply to proceedings on Consideration and up to and including Third Reading.

Other proceedings

(7) Any other proceedings on the Bill may be programmed.—(Paul Maynard.)

Question agreed to.