Secure Tenancies (Victims of Domestic Abuse) Bill

Melanie Onn Excerpts

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

[Melanie Onn (Great Grimsby) (Lab)]

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

[Madam Deputy Speaker (Dame Rosie Winterton)]

With this it will be convenient to discuss the following:

Amendment 1, in clause 1, page 1, line 9, after “tenant)” insert

“and regardless of whether the qualifying tenancy is in the jurisdiction of another local authority”.

Amendment 2, line 25, at end insert—

“(2BA) A local housing authority which grants an old-style secure tenancy under subsection (2A) or (2B) has discretion to decide whether or not the maximum rent for the old-style secure tenancy should be determined according to regulation B13 of the Housing Benefit Regulations 2006 (SI 2006/213) as amended by the Housing Benefit (Amendment) Regulations 2012 (SI 2012/ 3040).”

Amendment 3, page 1, line 25, at end insert—

“(2BA) A private registered provider of social housing or a housing trust which is a charity that grants a tenancy of a dwelling house in England must grant an old-style secure tenancy if—

(a) the tenancy is offered to a person who is or was a tenant of some other dwelling-house under a qualifying tenancy (whether as the sole tenant or as a joint tenant); and

(b) the provider is satisfied that—

(i) the person or a member of the person’s household is or has been a victim of the domestic abuse carried out by another person; and

(ii) the new tenancy is granted for reasons connected with that abuse and such a private registered provider of social housing or housing trust which is a charity shall be considered a person who satisfies the landlord condition under section 80 for the purpose of granting an old-style secure tenancy in accordance with this subsection.”

[Melanie Onn]

We are here to discuss a short but important Bill. It has been introduced by the Government to plug the gaps left by ministerial incompetence in the progression of the Housing and Planning Act 2016. Despite the Opposition’s warnings, the Government failed to listen, so we are here today to remedy the situation as fully as possible for victims of domestic violence.

In Committee, we tabled an amendment to try to secure additional guidance and training for local authority staff who are expected to make decisions about domestic violence cases. In response, the Minister talked about the high quality of Southwark Council’s homelessness team as an example of the Government already providing enough support. I am convinced that Southwark Council is doing an excellent job, but it has taken part in a number of pilot schemes, so surely the Minister recognises that it will not be representative of the whole country, particularly as it has been allocated well over £1 million to deal with the new burdens that have been introduced under the Homelessness Reduction Act 2017. Although there are good reasons for the extra funding, it allows the council to employ specialised officers who are responsible for specific areas of homelessness and to provide an holistic approach to those presenting as homeless.

However, if we look at another city elsewhere in the country—York—we find that it has been allocated just over one twentieth of the resources provided to Southwark and it does not have enough money even to hire one experienced housing officer, never mind a specified officer to deal with domestic abuse cases. The truth is that the quality of domestic abuse homelessness provision varies massively from authority to authority, and getting the proper care is far too much of a postcode lottery.

Although I am not introducing an amendment on this issue today, I hope that the Government consider the reports from charities such as Women’s Aid about the difficulty that some women face when trying to explain their situation to local councils. There are cases of women being told to go back to the perpetrator or to come back when the situation got worse. I think we can all agree that that is completely unacceptable. The Minister should look into those reports and take steps to improve the quality of advice in boroughs and districts where problems have been identified with the treatment of domestic abuse victims.

[Mrs Maria Miller (Basingstoke) (Con)]

I understand the point that the hon. Lady is making, but does she not welcome the fact that the Government are introducing an extra £17 million to help more than 40 local authorities to provide better services? The Government really have made this a priority; does she not welcome that?

[Melanie Onn]

As I made clear, we are not tabling an amendment on this, but I urge the Minister to consider the reports from Women’s Aid to make sure that across the country there is parity of service for all victims of domestic violence.

[Wera Hobhouse (Bath) (LD)]

There is obviously consensus that the Bill is a step in the right direction, and we welcome it, but are there not other barriers to secure tenancies—for example, if debt was incurred in the previous tenancy? Will social landlords have to accept these women? A lot of advice needs to be given, and that is why it is important that the extra services and help are provided.

[Melanie Onn]

I thank the hon. Lady for that intervention, and I agree: sufficient support should be available across the whole country. Very often, individuals will present with unique circumstances, and legislation cannot provide for each and every eventuality, but making sure that the appropriate training is in place across the country will go some way towards assisting those individuals.

[Toby Perkins (Chesterfield) (Lab)]

I agree entirely with what my hon. Friend is saying about the postcode lottery. When I raised that on Second Reading, the Minister said that I was complaining about an issue that did not exist, but it has become clear from subsequent meetings with Women’s Aid that different local authorities are applying very different interpretations of the rights in terms of housing allocations and local connections, so I support her efforts to ensure more consistency across the piece.

[Melanie Onn]

I thank my hon. Friend for his intervention and concur with his remarks. Other issues raised by hon. Members have prompted assurances during the Bill’s progress, and I take the Minister at her word and hope the Government live up to her words.

New clause 1 would ensure that cross-border travel does not negatively affect the rights in the Bill. People who flee domestic abuse end up in all parts of the country, but an unevenness in legislation means that domestic abuse victims in the devolved nations are subject to different rights and protections. The new clause seeks to protect the rights of domestic abuse victims countrywide and ensure that travelling from one council area in one country to another in another country does not impede the rights of a domestic abuse victim.

Domestic abuse victims often have little time to plan when fleeing an abusive partner and are unlikely to think that a move to their nearest large town or city might change their circumstances as a victim of domestic abuse, yet that is the reality in places such as Chester and Wrexham. It should be unequivocal that the rights in the Bill travel with the victims. In Committee, the Minister informed me that this matter would be brought up at the devolved Administration roundtable last month in the hope of agreeing a memorandum of understanding between the Administrations.

[John Redwood (Wokingham) (Con)]

I understand what the hon. Lady is trying to do, but I do not think her new clause does it, because it says that the Government should “review” the situation. What powers would she want the Government to take to override devolved Governments?

[Melanie Onn]

The purpose of the new clause is not to override the devolved Administrations, which is why it calls for a review. If the right hon. Gentleman listens to the remainder of my speech, perhaps it will clarify things for him.

I am pleased to see action to improve cross-border collaboration, but I have not seen any such memorandum. In any event, domestic abuse victims need more than a memorandum of understanding, and we have the opportunity to give them just that right now. I am aware of the sensitivities surrounding devolution, so the new clause does not seek to impose Parliament’s desires on the devolved Administrations, but would instead commit the Government to publishing a review of the domestic abuse policies of each Administration and to working towards ensuring that victims of domestic abuse are treated equally when they move from one nation to another.

[Sir Robert Syms (Poole) (Con)]

Has the hon. Lady written to the Scottish Parliament or Administration, or indeed to the Welsh Government, to ask whether they approve of her new clause?

[Melanie Onn]

I have relied on the good offices of the Minister, who is in government, to undertake the duties of consultation with the devolved Administrations, which was due to take place, I believe, on 19 April, and we await the distribution of a note on the outcome of those meetings, which was requested but which I have not had sight of as yet.

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

It was emailed to the hon. Lady and all Committee members this morning.

[John Healey (Wentworth and Dearne) (Lab)]

Just in time!

[Melanie Onn]

I thank the Minister.

[Mrs Wheeler]

It is dated 8 May. It was sent over the bank holiday weekend.

[Melanie Onn]

That is an opportune time for materials to be sent, as we found out during the urgent questions this morning. I am sorry I have not seen the note. I am grateful that the Minister has provided it, but it is incredibly unfortunate it was not provided sooner, because the information might well have informed the debate. [Interruption.] The Minister may well wish to provide it to me right now, but I am in the middle of my speech and it would be difficult for me to speak and read at the same time—as good as I am at multi-tasking!

Amendment 1 adds a requirement for a secure tenancy to be offered when domestic abuse victims apply for rehousing in a local authority area different from the one in which they previously had their secure tenancy. In Committee, the Minister said that the amendment was ineffective because the requirement was already provided for in the Bill, but there remains some unease about the current wording. The amendment would provide peace of mind, as prescribed by the Government back in 2016. We must not forget that the sector has been waiting for two years, having been assured by the Government that the requirement would be covered by the Housing and Planning Act 2016. The purpose of the amendment is simply to ensure that we do not end up in the same position again if it turns out that the Bill does not guarantee domestic abuse victims secure tenancies if they end up crossing local authority boundaries.

[Ruth George (High Peak) (Lab)]

I am sure that my hon. Friend, like me, welcomes the fact that tenants who have suffered domestic abuse will be offered secure tenancies, but does she share my concern about evidence given to the Work and Pensions Committee that when local authorities apply to the Department for Work and Pensions for benefits to support a victim of domestic abuse, they are frequently told that it will be several weeks before a decision can be made, and victims are returning to perpetrators because they cannot be guaranteed the funds that would secure their secure housing?

[Melanie Onn]

That is an important point, and I hope that the Minister will take it on board. The issue needs to be dealt with on a cross-Government basis. The Minister has given repeated assurances that she is engaged in conversation with representatives of other Departments, but there certainly should not be any Government policies that discourage victims of domestic violence from leaving the perpetrators of that violence.

Two thirds of all domestic abuse victims who present themselves at refuges come from outside the local area. We know that housing insecurity is a major reason for the fact that too many victims stay with their partners. The amendment is important, because this issue affects far too many of the domestic abuse victims whom we are trying to help today for us to leave things to chance. For the sake of absolute clarity, I ask the Minister again to accept it. I assure Conservative Members that this is not a matter of policy or politics, but a matter of good practice.

Amendment 2 would ensure that victims of domestic abuse do not have to pay extra charges as a result of the bedroom tax if they are provided with a secure tenancy that incorporates a spare room. There are particularly good reasons why the Government must see sense when considering whether to apply the tax to victims of domestic violence. Victims face all sorts of barriers to leaving abusive partners, and the sad impact is that one in five spends more than 10 years living with an abusive partner. That statistic applies only to women who are able to leave: as we all know, countless women never manage to leave their abusive partners, and every week two women are killed by a partner or ex-partner. That is why we need to knock down as many of the barriers as possible.

The amendment would help to remove some of the financial pressure on people fleeing domestic violence, and will ensure that no one who is considering leaving an abusive relationship has to worry about the extra burden that the bedroom tax could add to their costs. It is a vital amendment, because domestic violence victims often have limited means, and may not be able to take jobs that would enable them to provide for themselves and their families. Many domestic violence victims have been subject to financial abuse, being forced to quit their jobs and give their money to their abusive partners, and having little control over their own finances. Domestic abuse victims need help, not a cruel and unnecessary tax over which they have no control. I plead with the Government to make an exception to their bedroom tax, and provide the help and support that domestic abuse victims desperately need.

Amendment 3 would ensure that those in housing association properties are given the same rights to secure tenancies as those in council housing. In Committee, I was concerned about the Minister’s seeming lack of appreciation of the variety of council housing available. While I accept that some housing associations fulfil different functions in society from councils providing housing, a number of them represent the sole social housing provision in a local authority. In Committee, the Minister said that

“local authorities and housing associations are very different entities, which are subject to different drivers and challenges.”––[Official Report, Secure Tenancies (Victims of Domestic Abuse) [Lords] Public Bill Committee, 27 March 2018; c. 30.]

If someone is a resident of Wakefield, their social housing is managed by the Wakefield and District housing association, which exists to manage the local authority’s housing needs and assets, whereas my own local authority underwent a full stock transfer, with tenancies transferring as per council tenancies. Many housing associations in this country have extremely similar drivers and challenges to council-managed housing, and many people in areas such as Wakefield still think of their housing association house as a council house. This amendment seeks to ensure that such victims of domestic abuse in areas such as Wakefield and North East Lincolnshire are given the same rights and protections as those in council housing.

--- Later in debate ---

On the bedroom tax, it may well seem like a small number of women who will end up in a property that is too big for them. But I have seen many cases—I am handling one now—where women are rehoused and their children are removed from them. In cases of domestic abuse, it is utterly common that children are removed, for whatever period of time. These women then have to pay the bedroom tax, lose their property and end up in a one-bedroom flat. The judge in the family court then says, “You don’t have a house big enough to have your children back. You’re not good enough. We can’t give your children back to you.” That happens a lot. It is not a small number of women who have their children removed in domestic violence cases. The vast majority of cases going through the family courts include domestic violence, and many women end up with their children removed for periods of time that would definitely result in them being affected by this bedroom tax loophole. We should definitely consider what we can do to amend that problem today.

[Melanie Onn]

The minimisation of the issue around the bedroom tax seems to be due to the fact that the Bill is predicated on an example of someone with a stable and consistent life. But at the point that these people present at a housing office, their life will not be consistent or stable at all, which is why we need to amend the Bill.

[Jess Phillips]

I absolutely agree. If we could get our housing and welfare systems, which have become fragmented—and were never perfect, don’t get me wrong —to work better together, at least people would have a fighting chance of understanding what the hell they were meant to be doing, because it is a bit confusing at the moment. My hon. Friend is completely right that we are talking about people in chaos.

A tiny fraction of victims of domestic violence present as homeless. The vast majority either stay or end up in refuge, and they will likely have help in those circumstances to get them through the process. But we have to do better for those who turn up the housing office. We have to ensure that local authority staff have a much clearer understanding of this cross-border issue, because the triumph of hope over experience has left many people unhoused.

--- Later in debate ---

[Luke Graham (Ochil and South Perthshire) (Con)]

I rise to speak to new clause 1, which would have a specific impact on local authorities in Scotland, including in my constituency. I would say at the outset, in relation to the thrust of what was said by the hon. Member for Great Grimsby (Melanie Onn), that I agree about the need for more co-operation across the United Kingdom, and I will come on to that shortly. The difficulty, as shown by the fact that I am the only Scottish MP in the Chamber, is that the Bill is not necessarily the right vehicle to do so, because it cuts across some devolved areas, and I want to go into that in a little more detail.

The Government have a strong record on domestic abuse, and the Bill is a further example of that. We have criminalised coercive and bullying behaviour, and we have made sure that we have domestic violence orders. We currently have an open consultation, which provides the potential for more powers and a greater understanding of other types of crimes, such as economic abuse, that are often unseen. That is certainly the experience of many of my constituents, as many people in public authority have seen.

My knowledge of this matter has largely come from my constituents, as well as from some of my own family experience. Many of my constituents have relationships that span the United Kingdom. Men and women who have had such relationships may have some children in England and some in Scotland, so there is a real need for co-ordination and for a UK minimum standard. I have seen at first hand, in refuges and in my constituency office, the bravery of these women as well as the hardship that they have endured. I know how much of an impact there can be on individual lives, and how much need there is for them to move from one local authority to another, which may not be an adjacent one but a local authority far up the country in Scotland or somewhere in England.

Members have talked a lot about the terrible abuse that women have endured, and we know that domestic abuse has a disproportionate impact on women. It is also important to say, however, that 700,000 men were victims of domestic abuse in 2015-16, and that young people are also victims. When we talk about giving people opportunities in secure tenancies in other local authorities around the country, we need to ensure that we capture everyone, because domestic abuse affects many different types of individual at many different ages.

As I have said, and I will keep my remarks brief, a national minimum is desirable. I very much feel that there are times when we are four nations and many regions, but there are also times when we are one country. On this issue, I believe that having a national minimum would be incredibly desirable. I am very keen to work with Opposition Members, certainly as we examine other pieces of legislation in this place, on having UK-wide frameworks, especially in new policy areas, to make sure that there are UK-wide minimums, even if the services are delivered through devolved Administrations, local authorities or other devolved agencies. I am very willing to help in such a way. Unfortunately, however, as the Bill is targeted at England, making an amendment to loop in what is a devolved area in Scotland—it would have an impact in my local authority and others—this is not the best place to do so. I hope to work with Opposition Members in future to try to develop policies on such minimums.

I hope that my hon. Friend the Minister will continue in the spirit of consultation that she always shows in relation to the devolved Administrations, and perhaps she will consider extending her audit of services elsewhere in the United Kingdom—beyond England to Scotland, Wales and Northern Ireland.

[Melanie Onn]

I want to assure the Minister that at every stage of the Bill, since I have been involved, I have sought to be constructive in my approach. Having heard the arguments and the Minister’s response, let me say that I do not intend to push new clause 1 or amendments 1 and 3 to a vote. We have made our points as fully as we can—sadly, to no avail—but I do not want to cause any unnecessary delay to the Bill.

On the bedroom tax, however, the Minister’s response was not wholly sufficient to ease the Opposition’s concern about the potential for a damaging loophole to be created, which would be to the detriment of domestic abuse victims. As the hon. Member for Poole (Sir Robert Syms) said, we want a fit-for-purpose policy, and that is what we are all aiming for. I therefore request that the House be permitted to divide on amendment 2, but I beg to ask leave to withdraw new clause 1.

Clause, by leave, withdrawn.

Clause 1

Duty to grant old-style secure tenancies: victims of domestic abuse

Amendment proposed: 2, page 1, line 25, at end insert—

“(2BA) A local housing authority which grants an old-style secure tenancy under subsection (2A) or (2B) has discretion to decide whether or not the maximum rent for the old-style secure tenancy should be determined according to regulation B13 of the Housing Benefit Regulations 2006 (SI 2006/213) as amended by the Housing Benefit (Amendment) Regulations 2012 (SI 2012/ 3040).”—(Melanie Onn.)

Question put, That the amendment be made.

--- Later in debate ---

[Melanie Onn]

I would like to start by thanking my colleagues in this House, in particular my hon. Friends the Members for Croydon Central (Sarah Jones), for Birmingham, Yardley (Jess Phillips), for Chesterfield (Toby Perkins), for Nottingham North (Alex Norris), for Walthamstow (Stella Creasy), and for Canterbury (Rosie Duffield), and, for her contributions this afternoon, my hon. Friend the Member for High Peak (Ruth George). I also thank Members in the other place for scrutinising this proposed legislation and ensuring that it leaves in a marginally better state than when it arrived. I would particularly like to pay tribute to my colleague Baroness Lister, as her amendment to the original Housing and Planning Act 2016 is the reason the Bill is before us today.

I am disappointed that the Minister has been so reluctant to support any of our amendments, as they would have strengthened the Bill by helping to equalise the quality of care across the country and guaranteeing that domestic abuse victims who move authorities still have a secure tenancy in their new authority. I had hoped that, given that mistakes had been made in this area in the past and such provision had not been included in the Housing and Planning Act 2016, the Government might have listened to some of the concerns from the sector about the ambiguity of the Bill. However, given that we have just divided on the matter, we will support the Bill as drafted.

Despite that, the Bill leaves the House today and it will do a large amount of good for many domestic abuse victims across the country. By guaranteeing a secure tenancy to victims of domestic abuse moving from a secure tenancy, the Bill will remove a key barrier that prevents domestic abuse victims from leaving their perpetrator. There is a clear need for a new radical and credible approach to housing and refuges, but the Bill will provide more security to many domestic abuse victims who are in secure tenancies. We therefore support the Bill.