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

Debate between Heather Wheeler and Stella Creasy

Committee Debate: 1st sitting: House of Commons
Tuesday 27th March 2018 Public Bill Committees

[Stella Creasy (Walthamstow) (Lab/Co-op)]

It is obviously a pleasure to serve under your chairmanship, Mr Rosindell, for this incredibly important piece of legislation. I do not think a single member of the Committee can be unaware of how important it is to get these issues right. We will have seen in our constituency surgeries the people for whom the system does not work. I want to start by giving an example of that to explain—[Interruption.] If the Minister has not, she is very lucky, because sadly, in my constituency—

[Mrs Wheeler]

It is a good council.

[Stella Creasy]

I do not think this is about good councils; it is about how we deal with domestic violence cases in this country. Still too often, we require the victim to put the pieces of her escape route together. I say “her”, and I recognise that men are victims as well, but it is overwhelmingly women who we ask to try to work through a system based on service provision rather than their needs.

I want to give the Minister an example—which I hope will explain why Opposition Members are concerned about future-proofing this legislation—of one of the cases I dealt with in Walthamstow, near the boundary with Redbridge, because in London the difference between 33 boroughs can be the difference between life and death. It is the example of a woman whose secure tenancy was ruined because her abusive partner set fire to their flat. She fled to Redbridge, but as soon as she left the borough, a mere 10 minutes by car, everything fell apart for her. Suddenly, she was simply someone from another borough seeking housing, not a victim of domestic violence—as he stood on the balcony of the property that she had managed to find, tapping on the window and telling her that he had found her.

We could not keep that woman safe. I took to calling the borough commanders in my borough and in Redbridge every single day about her, because we could not get housing and could not get the police forces to work together, merely because they were 10 minutes apart by road. They were two different boroughs and two different housing departments. She started getting chased for her council tax and rent arrears on a property that was a burnt-out shell. If she had gone back to that property, he could have found her there, too. Every single day, that woman was on my conscience, all because bureaucracy could not see the victim, only the housing service and the policing requirements. The police in Redbridge said to her, “Close your windows, then he can’t knock on the windows,” not understanding what was going on, because we did not put the victim first.

The challenge is that that case is not unusual. It is not about London boroughs or co-ordination; it is simply that there are two different housing departments, one of which recognises that there might be a domestic violence case, while the other simply sees somebody whose postcode is in the wrong district.

I share the Minister’s desire to get secured tenancies right. She says that is already written into the legislation, but why not make it certain that it can be beyond a degree of reasonable doubt with any housing authority? That way, when MPs are faced with somebody who has come from a mere 10 minutes away, who is desperate for help, in fear of their life and has made that difficult decision to leave, there is no doubt that they will be housed. There should not be a point at which a housing officer says, “I’m sorry, this postcode isn’t in our borough and therefore this person is not our responsibility. They need to go back into the system.”

We have all seen the person who does not leave—the person who recognises that bureaucracy is going to be another hurdle and who, with everything else going on their life, does not want to take the risk. Each of us has had that conversation with that resident, pleading with them to talk to the independent sexual violence adviser and not go back. All too often, it has been a housing officer who has not understood their obligations and said to them, “I’m sorry, if you leave, you’re making yourself intentionally homeless.” That is the phrase we have to deal with, and that is why amendment 5 is so important. It changes the conversation and says that if someone is recognised as a victim of domestic violence—I appreciate that we also need to get some later clauses and amendments right—that person is more likely to get help.

The Minister does not look impressed. There are countless examples that I am sure other Members will give her. That is the lived reality of trying to get this right. We all want the best councils, the best police services, the best healthcare providers, the best social workers and the best MASH—multi-agency safeguarding hub—teams, who do not say, “Well, for the needs of the child we’ll try to keep the family together,” even though they have had perpetrators who put their partners into hospital and near death. The lived reality of trying to deal with these situations means that we have to make sure the legislation is belt and braces. Even if the Minister thinks the point is covered, I urge her to include it, to put it beyond reasonable doubt, because those cases, such as the person who moved between Redbridge and Waltham Forest, are not unusual.

[Jess Phillips (Birmingham, Yardley) (Lab)]

It is a pleasure to serve under your chairship, Mr Rosindell. I also welcome the Bill. As somebody who worked in the field for many years, it is revelatory to see this put into law. I am really pleased and feel that we are constantly surging forward, and 99% of the time that is done on a completely cross-party basis, with total consensus. When I first started working in domestic abuse services, that was not something I necessarily would have said or experienced, but times are changing. I am very pleased to say that this is no longer the bastion of noisy feminists such as myself; it is everybody’s business, which is great to see.

The concerns on this side of the Committee stem from memories of how localisation under new welfare rules after the 2010 general election changed the way that people moved across boundaries. It was not a willing Government, or even the Opposition, who changed the ruling about whether people could cross borders and seek tenancies; it was a woman who lived in the refuge where I worked and the Child Poverty Action Group. They took the case to court, on a judicial review, to stop local councils—in this instance Sandwell Council—being able to say, “You have to have lived in a local authority area for five years before you can have access to the housing list and be put on priority.”

It was not even five years ago that that was the case. Councils all over the country—certainly Birmingham and Sandwell—were saying, “Unless you have a link to this local authority area, you cannot come and live here,” regardless. There was no exemption for victims of domestic abuse. Thanks to brilliant victims of domestic abuse and brilliant charities that support them, that was overturned. Councils were told by the courts, not by any Government policy, that they had to allow victims of domestic abuse to be exempt from those rules. I had some personal issues with that, which I raised with my council in a public forum—when I was told by the then MP for Birmingham, Yardley, in a moment of horrendous dogwhistling, that I was trying to encourage anybody to come and claim benefits in Birmingham—so I have some form on arguing for this issue.

What we are trying to get across in the amendment is that that cannot happen again—that there should be no room for the Child Poverty Action Group and local authorities to have to go up against each other with individual victims’ cases. As my hon. Friend the Member for Walthamstow has said, there will be cases that come to light where there is difficulty, and we do not want the courts to have to be the place that makes the right decision.

We should remember there are lots of local authorities that are rubbish on this. We are living in a total postcode lottery. I remember a mantra where I used to work was, “Don’t get raped in Dudley,” because there were no services for rape victims in Dudley. We had to somehow give them a postcode for another area, so that we did not turn away children who had been raped, for example. Not all councils are brilliant on this stuff. It seems like a painfully political point to make, but the Prime Minister’s own council, where her seat is, does not fund a single refuge bed. There is good and bad—

--- Later in debate ---

[Mrs Wheeler]

I am sure we can all agree that we are not at ease with the idea of charging a fee to a victim of abuse who is seeking evidence of that abuse. The issue was raised when the Bill was debated in the Lords, and it was discussed on Second Reading in the Commons, particularly in relation to the medical profession.

As I understand the matter, the provision of notes or letters of evidence of abuse falls outside a GP’s NHS contract, and therefore a fee can be charged. Negotiations for the 2018-19 contracts are currently going on, and the Minister for Faith, Lord Bourne of Aberystwyth, who took the Bill through the Lords, has written to the Department of Health and Social Care to raise the concerns that arose among peers about this issue during the Bill’s passage through the Lords. As I said to hon. Members on Second Reading, I shall inform the House when we have a response to that letter.

It is, however, important to remember that victims of abuse may seek evidence from a wide variety of sources—not just GP letters or notes—as set out in the homelessness code of guidance. As part of the variety of evidence that can be supplied, an individual, as a data subject, can ask to be provided with their medical records.

[Stella Creasy]

One of the things about this country is that we do not own our medical records. When constituents of mine have tried to do as the Minister describes, doctors have been able to say no. The Secretary of State for Health and Social Care owns all our medical data and therefore access can be refused.

[Mrs Wheeler]

I thank the hon. Lady. Forgive me; I was not quite clear. From 25 May, the general data protection regulation becomes directly applicable and a data subject cannot be charged a fee except where a request is manifestly unfounded or excessive, or where requests are made for further copies of the same information. In that case, the fee must be reasonable and based on the administrative cost of providing the information. In the first instance, a person will be able to ask for their medical records from 25 May.

In addition, the British Medical Association advises GPs that where they intend to make a charge for providing a letter as evidence, they should inform the patient before doing so. The amendment has been introduced to deal specifically with GP charges, but it is widely drawn and, as a blanket prohibition, would apply across the public and private sector. I do not believe that regulating parts of the private sector is appropriate in the circumstances in question, or that it is a matter for the Bill.

For those reasons, I ask the hon. Member for Great Grimsby to withdraw the amendment.

--- Later in debate ---

[Mrs Wheeler]

I am responding to the hon. Lady’s amendment, so I suppose that is a question for her. I do appreciate the motivation behind the amendment, which is to ensure that victims of domestic abuse are treated on the same basis, whether the landlord of the new property is a local authority or a housing association. However, I cannot accept the amendment for a number of reasons.

In the first place, local authorities and housing associations are very different entities, which are subject to different drivers and challenges. Local authorities are public sector organisations. When schedule 7 to the Housing and Planning Act 2016 comes into force, local authorities will generally be required to give fixed-term tenancies and will be able to grant lifetime tenancies only in limited circumstances specified in legislation or regulations.

Housing associations are private not-for-profit bodies. They will continue to have the freedom, as now, to offer lifetime tenancies wherever they consider them appropriate. The purpose of housing associations is to provide and manage homes for people in housing need. The vast majority are charities with charitable objectives that require them to put tenants at the heart of everything they do.

We would expect housing associations to take their responsibilities for people fleeing domestic violence very seriously. As some hon. Members may know, the Domestic Abuse Housing Alliance was set up, as the hon. Member for Great Grimsby said, by two leading housing associations, Peabody and Gentoo, together with Standing Together Against Domestic Violence, a UK charity bringing communities together to end domestic abuse. The alliance’s stated mission is to improve the housing sector’s response to domestic abuse through the introduction and adoption of an established set of standards and an accreditation process.

I am sure hon. Members will agree that housing associations play a critical role in delivering the affordable homes that we need. That includes providing a home for people fleeing domestic abuse.

[Stella Creasy]

Many of us pay tribute to the work that Peabody, and particularly Gudrun Burnet, has done on this. Sadly, I have to say to her that not every housing association lives up to the standards that she just articulated. Many of them, including some in my area, seem to act as private landlords that are given public commissions. Why would we penalise those tenants, who have been allocated to those housing associations by local authorities, by not giving them the equal protection that we see organisations such as Peabody offering?

[Mrs Wheeler]

I appreciate the hon. Lady’s comments. I have asked for guidance, and for clarification I will read it out so that we all know what we are talking about. Where council properties are moved over to an arm’s length management organisation—ALMO—that is included. These rules do not apply to separate housing associations, but they apply to ALMOs. That is crucial, because that will affect a lot of people across the country.

That includes providing a home for people fleeing domestic abuse, but we can only do that if there are the homes to put them in. It is vital that we ensure that housing associations remain in the private sector, so that they are able to borrow funding free of public sector spending guidelines. We must also avoid imposing any unnecessary controls that might risk reversing the Office for National Statistics classification of housing associations as private sector organisations.

The amendment would also require housing associations to offer secure tenancies. As I have explained, since 1989, housing associations have granted assured tenancies under the Housing Act 1988, except in very limited circumstances—for example, when dealing with a tenant who has an old-style secure tenancy. The rights of assured and secure tenancies are very different. For example, secure tenants have a statutory right to improve their property, and to be compensated for those improvements in certain circumstances.

The amendment would require private sector landlords to operate two different systems, which would be an unnecessary burden over and above the very limited circumstances in which they still manage pre-1989 tenancies. It would introduce unnecessary additional costs, which would introduce an element of confusion for tenants and would risk the re-classification of housing associations, as I stated earlier.

[Stella Creasy]

The Minister has not answered my question.

[Mrs Wheeler]

I am sorry about that. For the reasons I have given, I invite the hon. Member for Great Grimsby to withdraw the amendment.