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

Stella Creasy Excerpts

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

The secured tenancies would be applied sensibly in the vast majority of cases, but every time they are applied badly and that barrier is put in place, we create a significant risk of harming individuals and ruining lives. The cost of failure—of falling off that high wire—is extraordinary. The price of avoiding that is to set it out on the face of the Bill, which seems a sensible approach to removing that risk.

[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—

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We should not accept that this is the best that we can do. If we can do more, let us do more. Let us aim a little higher. I expect the Minister to draw my attention to the revised homelessness code of practice for local authorities but, again, this is about the practice on the ground of the concepts that we have in this place. It is about ensuring that our intentions here are delivered on the ground in the way that we intend.

[Stella Creasy]

It feels like the most helpful thing that many of us can do for the Minister today is to try to give her some examples of the things that we have been dealing with, so that she understands why these amendments have been tabled. I appreciate and understand that she has what she considers to be a fantastic local authority. Sadly, for many of us—not through a lack of wanting to get services right—the reality is that services are not right.

It is worth remembering that there is no actual requirement for a housing officer to understand what domestic violence is. There is no requirement for them to know why it matters to have, for example, a confidential space in which women can come forward and tell people what has been happening.

Many of the things that the Minister talks about assume that the initial conversation, whereby somebody discloses that they are a victim of domestic violence, happens in such a way that there will not be a culture of disbelief. Sadly, my experience of working with victims of domestic violence in my local area, which I do not think is unique, is that they are often not believed, or that barriers are often put up that affect their ability to access services.

That is why training and getting housing officers to recognise that they are often the frontline is necessary. For example, we could train every single housing officer to ask why somebody needs repeated repairs—“Why does that door keep getting broken? Why does that window keep getting broken?”—because the answer is often not that it was an accident but that somebody has been violent in that household, which is very hard for people to admit.

It is frightening how many people in my local area, when turning up at housing authorities and housing offices presenting as victims of domestic violence, have been turned away or told that they would say that because that is how to get a house. That is the culture we have to deal with. I will give the Minister some examples of real cases from my local housing authority which, like many others, has a massive waiting list and is housing people in Luton and Bedford—well out of the area—because it does not have access to housing. It is trying to build more housing in difficult circumstances but, like many others, it still has not got it right when it comes to dealing with victims of domestic violence. The Bill is intended to get that right, and if the Minister wants to do so we have to deal with the reality of how these services are offered and why training would make a difference.

For example, one woman attended the housing authority on six different occasions before she was assisted. It started when she was heavily pregnant and continued with her attending with a newborn baby. The baby was three days old during one visit, and she was made to wait all day without being seen. The woman was homeless and was sleeping with the baby for more than five months in a single bed in a room that she shared with three adults in a friend’s property.

Another woman with two autistic children was provided with temporary accommodation—one room in a shared property. One woman had six children and was refused assistance. The authority insisted that she obtain a court order against her husband and request a panic alarm from the police, despite her being a high-risk victim who did not feel safe staying at her address. Additionally, the woman had a 16-year-old child who required 24/7 care, which was not taken into consideration. Another woman was discouraged from making a housing application when it was stated that she would only be provided with housing in faraway areas, such as Birmingham, which is a very long way from Walthamstow. Other women have had problems because they do not speak English as a first language.

As I said in my first contribution, we ask victims to navigate this system, rather than having a system that understands that domestic violence is far too prevalent in our society, and that offering housing and safe refuge is therefore one of the most important things that we can do. Training would fundamentally change that culture.

I am ashamed that there is not a safe space for women in my local authority to say, “This has happened to me; can I talk to somebody about it?” I am ashamed that housing officers query whether somebody is saying that they are a victim of domestic violence as a way to get a house, as if anybody would go through the shame of having to admit that. I am ashamed that housing officers and social care workers very often do not work together, even though a social services officer might have first seen the signs that something was not right in that family.

Training is absolutely crucial to put domestic violence at the forefront of people’s minds, rather than it being one of the tests that they might have to set to see whether somebody is eligible for housing. I am sure that the Minister wants the Bill to change that tick-box culture, but sadly, without that new culture, it is not going to change; all this will be is another set of obligations. If we truly want to keep victims of domestic violence safe, we have to change root and branch the way in which decisions are made.

The Minister might have a fantastic local authority, but I would love to hear from her local service providers whether they think that it gets it right every single time; whether every woman, when she first has the confidence to say, “This happened to me; I need to be somewhere safe” gets the right response. Training is a crucial part of that—getting people to think about how they deal with somebody who is disclosing trauma. These are victims of trauma, which is not easy to deal with. Any Member who has had somebody come in to their constituency surgery to talk about their experiences knows that. Sadly, for my local authority, the examples I gave were provided by independent sexual violence advisers. Those are the most serious cases of domestic violence.

One challenge we face is that, too often, we wait until something escalates before we intervene. In the past eight or nine years, we have begun to recognise that we do not want to do that, which is good. Concepts such as coercive control have become part of our conversations: we recognise that we can spot the signs when somebody is in a toxic relationship and we can intervene. However, that is not the reality on the ground. I know we are going to discuss later the questions about evidence—people having to prove beyond reasonable doubt that these things are happening to them. The problem is that they are having to prove that to people who are not expert enough to be able to understand what they are being shown. Giving them training would start to change that conversation. Again, I say to the Minister: think of this legislation as a belt-and-braces measure. If, one day, somebody walks into her constituency surgery and this has not been got right, she will realise why belt and braces matter.

[Alex Norris]

Like the Minister, I have a very good local authority. I have long admired the housing officers there, who are exceptionally skilled people. When they open that door in the morning, when they open their emails or answer the phone, they never quite know what they are going to get. It could be somebody suffering domestic abuse, as we are talking about today; someone with drug or alcohol abuse issues, or mental or physical health challenges; or someone does not speak English as their first language. They face all sorts of challenges, they have to be very adaptable to meet the different needs of the people who require their services, and they have to do that against a difficult backdrop. These officers can face hard councillors, which many of us in the Committee were, who prosecute the case for their resident because they want to get them the best deal, and have to balance that because there are five other hard councillors that morning trying to do the same thing.

I believe fundamentally in the best in people—I think that is a strength, but some say it is a weakness. However, I acknowledge that there is still dishonesty, and we have to be able to pick through. We know from our casework that what a case looks like might not be so when we dig into it. We ask our housing officers to be extraordinary generalists—multi-skilled and aware of many different things, at a time when local authorities are under unprecedented pressure. As my hon. Friend the Member for Great Grimsby says, the first budgets to go are those for training, because they are not the immediate frontline services of the day. As a result we are giving our housing officers a difficult challenge, asking them to do more while others are asking them to do it with less. We are sending a real signal that we value their work by putting it on the face of the Bill.

Risk is an issue that weaves throughout the Bill and will do so throughout the next domestic abuse Bill, later in the Session. When I was in local government and had responsibility for domestic abuse services, it was not the women who were considered high risk who gave me the most anxiety, although of course those cases are really serious. Those women get the very intense, immediate support, wrapped round them 24 hours a day, seven days a week, and there is some comfort in that. My concern was about those who were low and medium risk—cases that might escalate quickly, but one cannot know which ones might do so, or they would be classified as higher risk. The only mitigation against those fast-escalating, low and medium risk cases is to make every contact with people count. Someone might directly speak about their situation, or we can try to read other cues that give us a clue, as my hon. Friend the Member for Walthamstow said. That only works if, with every single contact, that person is skilled enough to read those cues. To give them a fair chance, we need to give them proper training. Putting that on the face of the Bill would send a strong signal.

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[Jess Phillips]

I was about to say something really rude and ask why a dog does something: because it can. It is a bit like anything, just putting stamps on letters—it seems stamps are really expensive in certain GPs’ surgeries. That is happening not just in cases of domestic violence, but in cases of disability. There are a lot of agencies that are potentially under reasonable strain and kicking back against that reasonable strain, because they are in a culture where belief, proof and evidence matter so much. There is an awful lot of call on GP surgeries and hospitals—primary care and secondary care—and all sorts of agencies to help individuals to prove that they are not lying about the fits that they have or about their husband bashing them about, so there is strain in the system.

We are calling on the Government to make it very clear that what is happening is totally unacceptable, whether in cases of this type or in cases involving legal aid. As I said, I still have to write to the Legal Aid Agency every single week to say, “Why have you not helped this woman? She has given you proof. Why have you not listened to her?” That must not be the case under a Government who I know really care about this issue and would not want women to be disbelieved. Unfortunately, our bureaucracy is not currently on side.

[Stella Creasy]

What price is a bruise? That is the question that we are asking ourselves today. The Minister might have cases; I have cases of constituents who have managed to disclose to a healthcare professional what has happened to them. The healthcare professional has seen the evidence of the bruises and still the practice wants 50 quid to write a letter to confirm that. The hon. Member for Brentwood and Ongar screws up his face, and I can well understand why. It is shameful.

We wrote to our local clinical commissioning group to try to find out about charges, about why doctors are charging people, and the answer that we got back is very simple—it is not about dogs, which may disappoint my hon. Friend the Member for Birmingham, Yardley. GPs charge for non-NHS work, and that is what this work is; it is private. It is in the same category as providing a certificate to allow someone to go skateboarding at seven months pregnant or giving people a certificate that they might need for work. Actually, it is not in the same category. This is about risk. One thing that I think all of us would like to see society doing when it comes to things such as domestic violence is moving away from challenging victims to prove what has happened to them towards understanding risk and how we prevent it. That is the way we will save a lot of money if nothing else. It is also the way we will stop people dying.

When it comes to providing evidence and having paperwork to prove what has happened, let us just think for a second about how humiliating it is for people not to be believed when they say, “This has happened to me.” They summon up the courage to admit that someone they love has turned out to be a monster, and our housing officers say, “Well, I don’t believe you, so I need evidence. Is there someone who can verify your claims? Is there someone whom we consider to be trustworthy? Obviously, by default, you are not trustworthy, because you are after something.” The person turns to their doctor, and their doctor charges them, so this is indeed the question: what price is a bruise? What price is the evidence for something that someone has admitted has happened to them?

We know how hard it is to tell someone, when people are asking for help, what has happened. Often people disclose in healthcare environments, or they might disclose to other agencies. This is not just about the cost of doctors. In my list of cases, which I am happy to share with the Minister, the cost of interpreters is an issue. Who pays for someone to come and explain? If women do not have English as a first language and want to say what has happened to them, finding someone they trust and who can explain that to housing officers is impossible. I find that, even with the independent sexual violence advisers who are working with them: they have to pay for these services because they are not provided by housing. If people are presented with evidence, they have to act, and if they are presented with evidence that meets their standard test, they have to act.

Something that we are now seeing in my local authority area, which I am extremely worried about, is that even when women are scraping together the money to pay for the paperwork to meet the tests—they are not trusted to explain what has happened to them, so a third party has to verify it—it is still challenged. Then they have to find the money for a lawyer, because they need someone to fight their case. In my local authority area, there is no independent legal housing service, so they have to try to find and pay for someone themselves. Every single step of the way, a financial barrier is put in place, and these are not women who have access to independent means. They have often been saving up money—money that they do not themselves have control of—to try to get out of the situation; they might have small children. One woman was trying to get evidence that her partner had Asperger’s, because the local authority said: “Well, Asperger’s doesn’t make you an abuser”. No, he was an abuser who had Asperger’s, but the evidence was part of the case that she was trying to put in place.

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[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.

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[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.