Supported Housing (Regulatory Oversight) Bill

Debate between Paulette Hamilton and Bob Blackman

Committee stage
Wednesday 11th January 2023 Public Bill Committees

[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.