Supported Housing (Regulatory Oversight) Bill

Paulette Hamilton Excerpts

Committee stage
Wednesday 11th January 2023 Public Bill Committees

[The Chair]

Order. I apologise, Minister; permit me to interrupt. Paulette Hamilton wanted to speak.

[Mrs Paulette Hamilton (Birmingham, Erdington) (Lab)]

Thank you, Mr Efford. It is a pleasure to serve under your chairmanship—I feel as if I have said that a few times recently.

It is no secret that Birmingham has a serious problem with exempt supported accommodation. I absolutely agree with the amendment. One of my constituents is currently living in a five-bedroom house where partitions have been put in and the toilet is broken. For the last four months, rats have been running around the house. This is happening in Erdington, Kingstanding and Castle Vale. I have heard from other constituents. One woman who came to my surgery is living in exempt accommodation. She is heavily pregnant. At the moment, the property has bed bugs and she is sleeping on the floor. The landlord is doing nothing about it.

--- Later in debate ---

[The Chair]

I apologise for not calling you, Mrs Hamilton.

[Mrs Hamilton]

That is okay—

[The Chair]

Be bolder in catching my eye!

[Mrs Hamilton]

I am learning, Mr Efford.

[Felicity Buchan]

I agree with the comment from my hon. Friend the Member for Harrow East that it is critical that we get this right. The consultation process is critical to the Bill. We need to avoid unintended consequences.

I will start with amendment 1, which would enable the Secretary of State to enforce the supported housing standards in the same way as housing health and safety is enforced in private housing currently, if he chose to do so. Under the Bill as drafted, local housing authorities will have powers to enforce the new national supported housing standards through a licensing scheme, should they choose to run one. We will issue guidance to sit alongside the licensing regime—following the regulations being made—to ensure that local authorities that choose to run a licensing scheme do so in a consistent way.

Critically, we will consult, under the duty set out in clause 6, on the effectiveness of the licensing regime as a method to enforce the national supported housing standards, as well as on additional ways through which to enforce the standards. The amendment would overlap with the consultation duty in clause 6 and pre-empt the results of that consultation, by putting forward a ready-made solution.

I have been clear that the Government’s priority, in deciding on the detail of implementing the measures set out in the Bill, is to listen carefully to the concerns of the supported housing sector and its residents. We all want to avoid any unintended consequences.

--- Later in debate ---

[Bob Blackman]

Clauses 8 and 9 deal with two aspects of the Bill. One prevalent problem in the planning system is that in local authority areas there is no control whatever over someone setting up a supported housing unit. We have had a lot of discussion about whether we could have some sort of saturation test, so that we do not get whole ghettos of supported housing units being set up, driving out other people. We are now looking at whether we will need to go further, which clause 8 specifically addresses.

If licensing does what we require it to—that is, control the way in which supported housing is provided across the piece—that will be fine. However, during the Select Committee inquiry we established that when a property is purchased for use as supported housing, that should go through the planning process and the local authority should consider a planning application for a change of use of that property; I believe that will be required. That is the only means by which a local authority can exercise control before the unit is brought into operation. It would then allow local people and councillors to have their say, and ensure that we control the number of units being set up before they are set up, rather than try to deal with the situation afterwards.

Clause 8 is permissive, so that if we have clear evidence that the change of use is required to take place through the planning process, the Secretary of State can introduce that process. It is not a requirement from day one; my personal feeling is that that is the best way of controlling the setting up of supported housing units, but I completely understand the position we have reached with the Department. There is concern that that requirement may not be necessary.

[Mrs Hamilton]

I absolutely agree with the hon. Gentleman: that was the issue in the area in which I was a councillor prior to becoming an MP. When HMOs were being set up in the area, we had to go through planning, but when rogue landlords realised that HMOs needed planning permission, they switched tack and went for these exempt supported living accommodations. The problem is that we would struggle to get the numbers once they had been set up, and the ghettos are already there in places like Birmingham. I absolutely agree that the issue needs to be considered, because rogue landlords have a way of knowing how to get around the rules, and we need to tighten them up.

[Bob Blackman]

I thank the hon. Member for that intervention. It is clearly outrageous that if someone set up an HMO, they would be regulated, but if they said, “No, this is supported housing and exempt accommodation”, they would not be. That just cannot be right, and it is one reason that we have looked at the licensing regime as a process of enforcing the law. It may work, but my personal view is that I would much rather see a position where planning takes place. Clause 8 allows the Secretary of State to say, following a review of the operation of the licensing regime, “We haven’t gone far enough. We must now introduce a position whereby the change of use requires planning permission.” It is a warning shot, as it were, and then further powers can be introduced if necessary.

Clause 9 is an important clause for vulnerable people. At the moment, landlords routinely say to their vulnerable tenants, “Do what you’re told or else you’ll be on the streets, and if you go on the streets, the local authority will deem you to have left a secure property. Therefore you have made yourself homeless and they have no duty to house you whatsoever.” It is a threat for keeping individuals in that situation.