Supported Housing (Regulatory Oversight) Bill

Nickie Aiken Excerpts

Report stage
Friday 3rd March 2023 Commons Chamber

[Bob Blackman (Harrow East) (Con)]

At this stage, I will confine my remarks to the three amendments tabled; I will have more to say on Third Reading. The amendments stem from the very healthy cross-party debate we had in Committee on four amendments that were tabled at that stage.

The first amendment, as the Minister has outlined, relates to clarification in the Bill, and it has my full support. The clear point is that it allows the Secretary of State

“to designate the district of every local housing authority in England”

for the purposes of the regulations. That confirms that licensing regulations may be provided by every local authority in England, as opposed to only a few; while possibly only a few will require such measures now, this is a rapidly growing market and we must ensure that the legislation is future-proofed and that rogue landlords are held to account throughout the country rather than, as the Minister rightly says, moving from one area to another.

I ask the Minister, when we look at the regulations that will underpin this legislation, to look at grouping local authorities together to form a licensing regime, rather than relying on relatively small district housing authorities, which may only have one or two units within their area and will therefore find it overbearing to have that regulation and a whole bureaucratic structure just within that area.

[Nickie Aiken (Cities of London and Westminster) (Con)]

I welcome this Bill and, having served on the Bill Committee, I am aware of its importance. I welcome my hon. Friend’s point about grouping councils together and I highly recommend the Minister looking at that. I was responsible for bringing children’s services together with Hammersmith and Fulham and Kensington and Chelsea when I was children’s services lead at Westminster Council, so I know how important it is that we ensure that local authorities, where possible, can work together, not only to be more cost-effective, but to provide a better service.

[Bob Blackman]

There are also several advantages beyond those my hon. Friend mentions. Providers that provide across more than one district housing authority will then have one set of regulations to abide by rather than, potentially, a number of different ones. That was the original intent of the Bill: to ensure that we deal with the rogue landlords and encourage the good providers to carry on with the excellent work they do. We also need to ensure that no one can slip through the net as a rogue provider, so I am glad the Minister has put forward that proposal.

As my hon. Friend the Minister has said, various different providers are exploiting the system via internet and other social media activities. I recommend her taking a look at a new set-up called RoomMatch, which I believe is just about to be released, and which enables users to look at what providers are providing—both the quality of accommodation and the support provided—to assist those placing vulnerable people in those types of accommodation. At the same time, the people going into that type of accommodation can view it virtually before they get anywhere near it.

The amendment will prevent unlawful providers that have had regulations imposed as a result of the Bill by the local authority in which they operate from simply upping sticks and moving to a nearby authority that does not have regulations, and then continuing to exploit vulnerable tenants for vast quantities of money while still providing a shamefully inadequate level of care. That is the big challenge. Unfortunately, I have had experience of seeing some of that; it is truly dreadful what we put certain vulnerable people through. Allowing providers to set up somewhere else and continue to exploit people would leave the purpose of the Bill unachieved. I am delighted that the amendment has been tabled; I think it will prevent the worst-case scenario.

It may seem unlikely to some people that the aforementioned case could take place, but I have visited numerous examples of such supported housing. The set-up is extremely quick, and there are low start-up costs, so rogues can set up very quickly and far too easily. They do not need to obtain planning permission, because of the permitted development rights they acquire when providing supported accommodation. Consequently, they can immediately start up and falsely advertise the property on social media networks as good quality with a high level of care. Residents promptly apply, particularly because there is currently a limited amount of affordable housing in the private market.

Almost immediately, tenants are found, and the high rent payments start coming in. To be clear, this is an industry that, when abused, pulls in huge profit margins, so it is completely within the rogue landlord’s interest to set up in another district, even if it is only for a year, before the housing authority introduces regulations. I welcome this amendment, which will send the strongest possible signal to those who wish to abuse vulnerable tenants.

Amendment 2 will enable the licensing regulations under clause 4 to include in the list of conditions attached to a licence requirements related to the needs assessment of those looking to enter exempt accommodation and supported housing accommodation, and it has my complete support. I commend the excellent report that the Levelling Up, Housing and Communities Committee did on this. Its Chairman, the hon. Member for Sheffield South East (Mr Betts), tabled the amendment in Committee, and I am glad that the Minister agreed to look at it further and refine it to make sure it was fit for purpose. I am glad that she has agreed to adopt the amendment, and I thank her and the hon. Member for Sheffield South East for their contributions and advice relating to it.

I emphasise that good providers have nothing to fear. I have been to many supported housing units where the first thing they do is conduct a needs assessment of the individuals. If a provider is possibly taking someone for two years, they need to assess their needs, so that they can provide the right level of support. It is a scandal that many rogue providers provide no support whatsoever. This amendment is extremely welcome. It has support from Members on both sides of the House and has been broadly welcomed and accepted by local authorities, housing providers and charitable bodies across the sector, which is incredibly reassuring.

At present, the Bill stipulates that the conditions that may be attached to a licence include conditions relating to the standard of accommodation; conditions relating to the use of accommodation; conditions relating to the provision of care, support or supervision; and conditions requiring compliance with national supported housing standards, when we eventually publish them. Amendment 2 will add to that:

“conditions requiring the carrying out of assessments of the needs of residents… and relating to the conduct of such assessments”.

Fundamentally, this means that residents of supported accommodation must have an initial assessment of the level of their needs, to ensure that they have access to the correct amount of care and appropriate care relating to their specific complex needs. As we are all aware, every case is unique, and no two individuals will have exactly the same requirements. I am confident that this amendment will help residents to receive the best care—helping them eventually to stand on their own two feet, rebuild their lives and probably enter the private housing market in future. Local authorities can be held responsible for initiating these assessments and ensuring enforcement by all supported housing providers in their districts. The amendment will ensure that every local authority carries that forward and achieves the best outcome for residents.

Amendment 3 stems from discussions with the Local Government Association; I declare an interest, as a vice-president of the LGA. The LGA is the body that was previously named, which meant that it was consulted on all aspects of licensing regulations. However, as a localist, I believe it is right that local housing authorities and social services authorities are the ones consulted, so that each authority can have its views taken into account by Ministers when decisions are made. Stipulating the LGA as a consultee risked local authorities, as delivery partners, not having the primary opportunity to consult on elements that they will consequently be responsible for enforcing, so amending the Bill in this way is clearly the right way forward. I am pleased that the Local Government Association is highly supportive of the amendment. It has assured me and other local authorities that it will continue to work with colleagues and officials across central Government, other local authorities and accommodation providers to support the future consultation on the Bill. As this will be the case, it has been explicitly named, as per the amendment. The amendment is extremely welcome; it clarifies a point, and I endorse it completely.

I am thankful to the Minister for honouring her pledges in Committee by tabling the amendments, which I wholeheartedly support.

Amendment 1 agreed to.

Clause 5

Further provision about licensing regulations

Amendment made: 2, page 5, line 41, at end insert—

“(ba) conditions requiring the carrying out of assessments of the needs of residents (or potential residents) and relating to the conduct of such assessments;”.—(Felicity Buchan.)

This amendment enables licensing regulations under clause 4(1) or (3) to provide that conditions attached to a licence may include conditions relating to needs assessments.

Clause 6

Consultation

Amendment made: 3, page 7, line 4, leave out paragraph (a) and insert—

“(a) each local housing authority in England,

(aa) each social services authority in England,”.—(Felicity Buchan.)

This amendment substitutes local housing authorities in England and social services authorities in England for the Local Government Association in the list of persons the Secretary of State must consult before making licensing regulations under clause 4(1) or (3).

Third Reading