Asked by: Baroness Hodgson of Abinger (Conservative - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask His Majesty's Government whether they plan to review the Party Wall etc. Act 1996, in particular with regard to (1) the balance of rights between the building owner and adjoining owner, (2) the conflict resulting from the building owner's rights of access to the adjoining owner's property against their wishes, and (3) the impact on adjoining owners when underpinning is proposed, affecting only one wall of a terraced house.
Answered by Baroness Scott of Bybrook - Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)
The Government has no current plans to undertake a review of the Party Wall Act. The Department has not conducted post legislative review of the Party Wall Act 1996.
The Party Wall Act provides statutory rights for the owner to carry out work to their home as well as providing a dispute resolution procedure for Party Wall disputes. A building owner proposing to start work covered by the Act may give adjoining owners notice of their intentions in the way set down in the Act. Adjoining owners can agree or disagree with what is proposed. Where they disagree, the Act provides a mechanism for resolving disputes.
The Act establishes that a building owner must not cause unnecessary inconvenience to adjoining owners. This is taken to mean inconvenience over and above that which will inevitably occur when such works are properly undertaken. Under the Act, the building owner must provide temporary protection for adjacent buildings and property when necessary. The building owner is also responsible to making good any damage caused by the works or provide payment in lieu if requested by the adjoining owner.
Local planning authorities are required to give notice of a planning application and can serve a notice on any adjoining owner or occupier to which an application relates. Neighbours can make their representations during the 21-day consultation period. The grant of planning permission does not grant the consent of the landowner or remove the need for applicants to also comply with other legal requirements such as building regulations approval and the Party Wall Act. An enforcement notice can be served by the local planning authority against any breach of planning control.
Asked by: Baroness Hodgson of Abinger (Conservative - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask His Majesty's Government what assessment they have made of the impact of the Party Wall etc. Act 1996 on adjoining owners, and its potential to cause them distress through (1) unwanted access to their land, (2) damage to their property, and (3) other inconvenience and disruption.
Answered by Baroness Scott of Bybrook - Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)
The Government has no current plans to undertake a review of the Party Wall Act. The Department has not conducted post legislative review of the Party Wall Act 1996.
The Party Wall Act provides statutory rights for the owner to carry out work to their home as well as providing a dispute resolution procedure for Party Wall disputes. A building owner proposing to start work covered by the Act may give adjoining owners notice of their intentions in the way set down in the Act. Adjoining owners can agree or disagree with what is proposed. Where they disagree, the Act provides a mechanism for resolving disputes.
The Act establishes that a building owner must not cause unnecessary inconvenience to adjoining owners. This is taken to mean inconvenience over and above that which will inevitably occur when such works are properly undertaken. Under the Act, the building owner must provide temporary protection for adjacent buildings and property when necessary. The building owner is also responsible to making good any damage caused by the works or provide payment in lieu if requested by the adjoining owner.
Local planning authorities are required to give notice of a planning application and can serve a notice on any adjoining owner or occupier to which an application relates. Neighbours can make their representations during the 21-day consultation period. The grant of planning permission does not grant the consent of the landowner or remove the need for applicants to also comply with other legal requirements such as building regulations approval and the Party Wall Act. An enforcement notice can be served by the local planning authority against any breach of planning control.
Asked by: Baroness Hodgson of Abinger (Conservative - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask His Majesty's Government what assessment they have made of the case for reforming the law on planning, in cases involving party walls, to require the consent of the adjoining landowners and prevent their house being interfered with against their wishes.
Answered by Baroness Scott of Bybrook - Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)
The Government has no current plans to undertake a review of the Party Wall Act. The Department has not conducted post legislative review of the Party Wall Act 1996.
The Party Wall Act provides statutory rights for the owner to carry out work to their home as well as providing a dispute resolution procedure for Party Wall disputes. A building owner proposing to start work covered by the Act may give adjoining owners notice of their intentions in the way set down in the Act. Adjoining owners can agree or disagree with what is proposed. Where they disagree, the Act provides a mechanism for resolving disputes.
The Act establishes that a building owner must not cause unnecessary inconvenience to adjoining owners. This is taken to mean inconvenience over and above that which will inevitably occur when such works are properly undertaken. Under the Act, the building owner must provide temporary protection for adjacent buildings and property when necessary. The building owner is also responsible to making good any damage caused by the works or provide payment in lieu if requested by the adjoining owner.
Local planning authorities are required to give notice of a planning application and can serve a notice on any adjoining owner or occupier to which an application relates. Neighbours can make their representations during the 21-day consultation period. The grant of planning permission does not grant the consent of the landowner or remove the need for applicants to also comply with other legal requirements such as building regulations approval and the Party Wall Act. An enforcement notice can be served by the local planning authority against any breach of planning control.
Asked by: Baroness Hodgson of Abinger (Conservative - Life peer)
Question to the Department for Levelling Up, Housing & Communities:
To ask His Majesty's Government what recent steps they have taken to ensure there are enough accessible and adaptable homes available for those older and disabled people who need them.
Answered by Baroness Scott of Bybrook - Parliamentary Under Secretary of State (Department for Levelling Up, Housing and Communities)
I refer the noble Baroness to my answer to Question HL8422 which was answered on 26 June 2023.
Asked by: Baroness Hodgson of Abinger (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what assessment they have made of current NHS wait times for neurodiversity assessments for children; and what steps they are taking to reduce them.
Answered by Lord Markham - Parliamentary Under-Secretary (Department of Health and Social Care)
No specific assessment has been made. NHS England publish quarterly experimental data on how many people, including children, are waiting for an autism assessment. Whilst we recognise that a significant percentage of autism assessments for children are reported through the Community Services Data Set, which is currently not reported on within this publication, the reported data provides useful information to support local areas to assess local demand and adequacy of services.
Additionally, in a Westminster Hall debate, on 1 February 2023, the Parliamentary Under Secretary of State for Mental Health and Women's Health Strategy at the Department of Health and Social Care committed to look at how we can improve data on attention deficit hyperactivity disorder (ADHD) assessment waiting times, to help improve access to ADHD assessments in a timely way and in line with the National Institute for Health and Care Excellence (NICE) guidelines. On 5 April 2023, NHS England published a national framework and operational guidance for autism assessment services. This guidance, published in an online only format, will help the NHS improve their autism assessment pathways and improve the experience for children and young people referred to an autism assessment service.
This year, 2023/2024, £4.2 million is available to improve services for autistic children and young people, including autism assessment services and pre- and post-diagnostic support, and the continuation of the Autism in Schools programme. We are committed to increasing investment into mental health services by at least £2.3 billion a year by March 2024 and have set out our aim in the NHS Long Term Plan for an additional 345,000 children and young people to be able to get the mental health support they need.
Asked by: Baroness Hodgson of Abinger (Conservative - Life peer)
Question to the Cabinet Office:
To ask His Majesty's Government what assessment they have made of the elements surrounding ageing that fall outside of the remit of the Department of Health and Social Care; and what steps they are taking, together with other government departments, to co-ordinate the provision of support for the multi-dimensional aspects of ageing.
Answered by Baroness Neville-Rolfe - Minister of State (Cabinet Office)
While the work required to protect our older generation stretches across the whole of Government, individual departments take responsibility for the delivery of relevant policies within their jurisdictions. The Department of Health and Social Care has jurisdiction over policy levers that relate to the physical and mental health of the older generation. The Department of Work and Pensions also has a strong role to play in its allocation of pensions and benefits. The Department for Levelling Up, Housing and Communities has a taskforce that aims to improve the housing options for older people. Furthermore, the Cabinet Office’s Equality Hub leads on the Equality Act 2010, which provides strong protection from age discrimination in a variety of settings.
Asked by: Baroness Hodgson of Abinger (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what steps they are taking to (1) prevent ill health, and (2) promote staying healthy, among older people.
Answered by Lord Markham - Parliamentary Under-Secretary (Department of Health and Social Care)
We work to support the health needs of, and prevent ill health in, older people through a variety of action. This includes the NHS Health Check, which detects people at risk of developing cardiovascular disease in later life, and an ambitious prevention agenda to tackle the most common preventable diseases among older people. For example, encouraging people in mid-life to stop smoking, reduce their alcohol consumption and improve their diet to help reduce the risk of developing dementia, disability and frailty in later life.
The Government will also publish a Major Conditions Strategy which will set out a strong and coherent policy agenda that sets out a shift to integrated, whole-person care. The Strategy will tackle conditions that contribute most to morbidity and mortality across the population in England including cancers, cardiovascular disease, including stroke and diabetes, chronic respiratory diseases, dementia, mental ill health and musculoskeletal conditions. An interim report will be published in the summer.
Asked by: Baroness Hodgson of Abinger (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government whether patients' mobility is monitored as part of the NHS Health Check.
Answered by Lord Markham - Parliamentary Under-Secretary (Department of Health and Social Care)
The proportion of people taking up the offer of an NHS Health Check between April 2017 and March 2018 was 47.9%, April 2018 and March 2019 was 45.9%, April 2019 and March 2020 was 43.7%%, April 2020 and March 2021 was 39% and April 2021 to March 2022 was 40.5%.
Individuals aged between 40 to 74 are eligible for an NHS Health Check every five years however the Department does not collect data on individual patients. Patients' mobility is not monitored as part of the NHS Health Check.
Asked by: Baroness Hodgson of Abinger (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government why the NHS Health Check is not being offered to people over 74.
Answered by Lord Markham - Parliamentary Under-Secretary (Department of Health and Social Care)
A person aged 75 years old or over is not eligible for an NHS Health Check because they can request a health check from their accountable general practitioner. This is a requirement of NHS England’s Standard General Medical Services Contract.
Asked by: Baroness Hodgson of Abinger (Conservative - Life peer)
Question to the Department of Health and Social Care:
To ask His Majesty's Government what was the uptake of the NHS Health Check in each of the past five years; and how often patients are being checked under that programme on average.
Answered by Lord Markham - Parliamentary Under-Secretary (Department of Health and Social Care)
The proportion of people taking up the offer of an NHS Health Check between April 2017 and March 2018 was 47.9%, April 2018 and March 2019 was 45.9%, April 2019 and March 2020 was 43.7%%, April 2020 and March 2021 was 39% and April 2021 to March 2022 was 40.5%.
Individuals aged between 40 to 74 are eligible for an NHS Health Check every five years however the Department does not collect data on individual patients. Patients' mobility is not monitored as part of the NHS Health Check.