Secure Tenancies (Victims of Domestic Abuse) Bill

Debate between Heather Wheeler and Ruth George

3rd reading: House of Commons & Report stage: House of Commons
Tuesday 8th May 2018 Commons Chamber

[Ruth George]

Does the Minister recognise that children who have been through situations of domestic abuse are often severely traumatised and need new secure housing to be able to find their own way again? That might lead them to have problems sleeping at night, and it may therefore be more helpful for the family’s recovery if the younger children have separate bedrooms, not as prescribed in the under-occupancy legislation.

[Mrs Wheeler]

The hon. Lady brings up an interesting fact that was not discussed in Committee. I will address the discretionary powers that local authorities have, which might help her with an answer.

Allocating a property that is too big is not necessarily in the tenant’s interest or the landlord’s interest, and it certainly is not the best use of scarce social housing. Our 2012 allocations guidance clearly recognises that local authorities, when framing the rules that determine the size of property to allocate to different households and in different circumstances, will want to take account of removal of the spare room subsidy.

Where the victim wishes to remain in her own property after the perpetrator has left or been removed, we expect that in most cases it would not result in an under-occupation charge—domestic abuse normally occurs between partners who share a bedroom, so removing the perpetrator would not normally result in under-occupation. Furthermore, if there is any risk it could lead to a victim becoming subject to the under-occupation charge, it will be open to the authority to offer a new tenancy in another, smaller property, or to offer a similar one and take into account the next matter.

In the small number of cases in which, for whatever reason, a local authority grants a tenancy under the Bill in a property that has more bedrooms than the tenant needs, it is open to the tenant to apply for a discretionary housing payment to cover any rental shortfall. Some £900 million of funding for discretionary housing payments has been provided to local authorities since 2011 to support vulnerable claimants, including victims of domestic abuse.

[Ruth George]

Is the Minister aware that many local authorities put a limit on the amount of time for which discretionary housing payments can be made? Sometimes it is 18 weeks, and sometimes it is as low as 12 weeks, depending on the authority’s budget. Discretionary housing payments would therefore not help families in this situation.

[Mrs Wheeler]

Indeed. Funding for the years 2018 to 2021 was set out in the summer Budget 2015. Next year, 2018-19, there will be £153 million in the discretionary fund for England and Wales, albeit this is an England- only Bill.

The removal of the spare room subsidy was introduced to ensure that tenants in the social and private-rented sectors are treated on the same basis, to encourage mobility, to strengthen work incentives and to make better use of available social housing. The Government’s policy is not to deal with personal circumstances unrelated to the size of a property by the inclusion of general exemptions to the rules, but rather to take account of a person’s individual circumstances separately, through the process of the discretionary housing payment.

In 2016, the Supreme Court upheld this policy and dismissed a challenge to the removal of the spare room subsidy brought by a victim of domestic abuse on the grounds that it amounted to unlawful sex discrimination. That case involved a victim who was being provided with protection under a sanctuary scheme. The rules on the removal of the spare room subsidy already include an exception for victims of domestic abuse in refuges. We are not minded to provide for any further exceptions.

When local authorities grant tenancies to victims of domestic abuse, they have a choice: they can either ensure that they offer a property that meets the tenant’s needs or they can consider providing a discretionary housing payment. For the reasons I have given, I believe that the amendment is unnecessary and therefore ask that it is not pressed to a vote.