Supported Housing (Regulatory Oversight) Bill

Debate between Felicity Buchan and Roger Gale

Report stage
Friday 3rd March 2023 Commons Chamber

[The Parliamentary Under-Secretary of State for Levelling Up, Housing and Communities (Felicity Buchan)]

I beg to move amendment 1, page 4, line 37, at end insert—

“(4A) The provision that may be made by virtue of subsection (4)(c) includes provision for the Secretary of State to designate the district of every local housing authority in England.”

This amendment confirms that licensing regulations under clause 4(1) or (3) may provide for the Secretary of State to designate the district of every local housing authority in England for the purposes of the regulations.

[Mr Deputy Speaker (Sir Roger Gale)]

With this it will be convenient to discuss the following:

Government amendment 2, in clause 5, 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;”.

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.

Government amendment 3, in clause 6, page 7, line 4, leave out paragraph (a) and insert—

“(a) each local housing authority in England,

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

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).

[Felicity Buchan]

We have already heard earlier in the Bill’s passage that there is a real risk of rogue providers changing location in order to avoid regulation. I am determined to put a stop to the exploitation of vulnerable people through the provision of poor-quality supported housing. For the rogues this is a lucrative activity, which is incentive enough for them to move location in order to avoid impending regulation.

The Bill currently provides that licensing regulations may include provision under which the Secretary of State may designate the district of “a” local housing authority as subject to licensing. The amendment clarifies that such provision includes provision for the Secretary of State to designate every district in England as subject to licensing, which means that the Secretary of State could introduce universal local licensing by exercising a power to be conferred by the licensing regulations of clause 4 to designate every local housing authority district in England. It is important that this is set out clearly as an option. The licensing regulations must still make provision for a local housing authority to self-designate, and may require a local housing authority to do so if conditions are met.

I tabled amendment 1 because the Government need to be able to reset the system. We must be able to put a stop to providers simply moving to areas without a licensing scheme and setting up there. With universal local licensing, we could prevent a landlord who had failed a “fit and proper person” test in an area with a licensing scheme from simply relocating to an area without licensing, and thus potentially protect vulnerable residents. If universal local licensing is pursued—and I consider it to be an option—that will mean that all residents of supported housing, wherever they are in England, can take comfort from the fact that the national supported housings standards will be enforced, and action will be taken should a provider not meet them. That option must be available to the Secretary of State.

I want to reassure Members that the Government will consult on the detail of the licensing regime, as is required in the Bill. That, of course, includes consulting on the duty set out in clause 6 relating to the method of enforcing the national supported housing standards, and the effectiveness of the licensing regime. We remain determined that the regime should be light-touch in order to avoid overburdening good providers and local authorities, but also robust enough to force out those running supported housing for the wrong reasons. We will keep the licensing scheme under review to ensure that it is working as was intended. I hope that Members will agree to our making this change.

Let me now deal with Government amendment 2. I know that the hon. Member for Sheffield South East (Mr Betts) cannot be present today because of future commitments, and he sent me his apologies. I am grateful to him for tabling a similar amendment in Committee, and I am pleased to be able to bring it back to the House today. In Committee he spoke of his concerns about how residents could access supported housing, and expressed particular concern about the problems experienced by residents who were mixed together inappropriately, as well as the increased advertising of supported housing provision on websites such as Gumtree and Zoopla. On the latter point, I can offer some reassurance. I recently met representatives of Gumtree, at their request, to discuss the practice by some supported housing providers of placing advertisements on its website. Gumtree, I am glad to say, has already started to crack down on these inappropriate advertisements and has expressed its willingness to continue to work with the Government on this matter. Members will know that Gumtree is not the only service that can enable rogue landlords to advertise poor-quality supported housing. The Government will work with these services to find solutions, and my amendment will also help.

In the report on exempt accommodation, the Levelling Up, Housing and Communities Committee also raised the issue of access routes into supported housing. I am well aware that residents are finding their way into supported housing through a variety of routes, including websites, as I mentioned earlier, where landlords purport to be providing supported housing but are, in fact, perpetuating the abuse that we are here to tackle. At best, placing someone in supported housing without testing its suitability will mean that the right outcomes will not be achieved and the person will not be able to move on into independent living, if that is appropriate. At worst, failing to assess the residents’ needs is a clear indicator that genuine support is simply not being delivered at all, and that is not acceptable.

The hon. Member for Sheffield South East and I are in agreement that it is vital that the resident’s support needs are assessed, so that they can be given the right support in the right accommodation. Once these arrangements are in place, we would expect assessments to be carried out in advance of a resident moving into the accommodation, but, in some circumstances, we recognise that that may not be possible. None the less, all supported housing residents must have the confidence that they are living in the right place with the support that they need. Amendment 2 proposed by the Government delivers on that by adding to the list of conditions that may be attached to a supported housing licence at clause 5(3) conditions requiring the carrying out of assessments of the needs of residents, or potential residents, including in relation to the conduct of those needs assessments. The fine details will, of course, be subject to consultation, but this amendment demonstrates the importance that the House places on proper support being given to supported housing residents, tailored to their individual need. I hope Members agree with me on that.

Amendment 3 is more of a technical amendment. I am grateful to my hon. Friend the Member for Harrow East (Bob Blackman) for proposing this amendment in Committee and I am pleased to be able to return with it today. The amendment seeks to amend clause 6, following a request from the Local Government Association to be removed as a statutory consultee. The Bill includes a statutory duty on the Secretary of State to consult on a number of issues related to the measures in the Bill. As I have said in earlier debates, it is very important to me that we carefully test these measures for unintended consequences before implementation. As determined as I am to drive out poor provision and drive up standards in supported housing, I am equally determined to ensure that good providers can continue to support the vulnerable people who need these vital services.

The Local Government Association asked to be replaced as a statutory consultee by local authorities. Local authorities—or to use the language of the Bill, local housing authorities and social service authorities—will deliver many of the measures in the Bill. It is right that we seek their views before making regulations. In line with that request, the amendment removes the Local Government Association from the list of statutory consultees in clause 6 and replaces them with local housing authorities and social services authorities in England. The effect of the amendment is that the Secretary of State will have an obligation to consult local housing authorities and social service authorities on the design of the licensing regime before making regulations. I hope that hon. Members will agree with this amendment also.