PARLIAMENTARY DEBATE
Social Housing Standards - 16 November 2022 (Commons/Commons Chamber)
Debate Detail
Worse still, the apparent attempts by Rochdale Boroughwide Housing to attribute the existence of mould to the actions of Awaab’s parents was beyond insensitive and deeply unprofessional. As the housing ombudsman has made clear, damp and mould in rented housing is not a lifestyle issue, and we all have a duty to call out any behaviour rooted in ignorance or prejudice. The family’s lawyers have made it clear that in their view the inaction of the landlord was rooted in prejudice.
The coroner who investigated Awaab’s death, Joanne Kearsley, has performed a vital public service in laying out all the facts behind this tragedy. I wish, on behalf of the House, to record my gratitude to her. As she said, it is scarcely believable that a child could die from mould in 21st century Britain, or that his parents should have to fight tooth and nail, as they did in vain, to save him. I am sure the whole House will join me in paying tribute to Awaab’s family for their tireless fight for justice over the past two years. They deserved better and their son deserved better.
As so many have rightly concluded, Awaab’s case has thrown into sharp relief the need for renewed action to ensure that every landlord in the country makes certain that their tenants are housed in decent homes and are treated with dignity and fairness. That is why the Government are bringing forward further reforms. Last week, the House debated the Second Reading of the Social Housing (Regulation) Bill. The measures in that Bill were inspired by the experience of tenants that led to the terrible tragedy of the Grenfell fire. The way in which tenants’ voices were ignored and their interests neglected in the Grenfell tragedy is a constant spur to action for me in this role.
Before I say more on the substance of the wider reforms, let me first update the House on the immediate steps that my Department has been taking with regard to Awaab’s case. First, as the excellent public-service journalism of the Manchester Evening News shows, we are aware that Awaab’s family was not alone in raising serious issues with the condition of homes managed by the local housing association. I have already been in touch with the chair and the chief executive of Rochdale Boroughwide Housing to demand answers and that they explain to me why a tragedy such as Awaab’s case was ever allowed to happen, and to hear what steps they are now undertaking, immediately, to improve the living conditions of the tenants for whom they are responsible.
I have been in touch with the hon. Member for Rochdale (Tony Lloyd) and my hon. Friend the Member for Heywood and Middleton (Chris Clarkson), both of whom are powerful champions for the people of Rochdale. I have discussed with them the finding of suitable accommodation for tenants in Rochdale who are still enduring unacceptable conditions. I also hope to meet Awaab’s family, and those who live in the Freehold estate, so that they know that the Government are there to support them.
It is right that the regulator of social housing is considering whether the landlord in this case has systematically failed to meet the standards of service it is required to provide for its tenants. The regulator has my full support for taking whatever action it deems necessary. The coroner has written to me, and I assure the House that I will act immediately on her recommendations.
Let me turn to the broader urgent issues raised by this tragedy. Let me be perfectly clear, as some landlords apparently still need to hear this from this House: every single person in this country, irrespective of where they are from, what they do or how much they earn, deserves to live in a home that is decent, safe and secure. That is the relentless focus of my Department and, I know, of everyone across this House.
Since the publication of our social housing White Paper, we have sought to raise the bar on the quality of social housing, while empowering tenants so that their voices are truly heard. We started by strengthening the housing ombudsman service so that all residents have somewhere to turn when they do not get the answers they need from their landlords. In addition, we have changed the law so that residents can now complain directly to the ombudsman, instead of having to wait eight weeks while their case is handled by a local MP or another “designated person”.
One of the principal roles of the housing ombudsman service is to ensure that robust complaint processes are put in place so that problems are resolved as soon as they are flagged. It can order landlords to pay compensation to residents and refer cases to the regulator of social housing, which will in future be able to issue unlimited fines to landlords that it finds to be at fault. Of course, all decisions made by the ombudsman are published so that the whole world can see which landlords are consistently letting tenants down.
It is clear from Awaab’s case, which sadly did not go before the ombudsman, that more needs to be done to ensure that this vital service is better promoted, and that it reaches those who really need it. We have already run the nationwide “Make Things Right” campaign to ensure that more social housing residents know how they can make complaints, but we are now planning—I think it is necessary—another targeted multi-year campaign so that everyone living in the social housing sector knows their rights, knows how to sound the alarm when their landlord is failing to make the grade, and knows how to seek redress without delay.
Where some providers have performed poorly in the past, they have now been given ample opportunity to change their ways and to start treating residents with the respect that they deserve. The time for empty promises of improvement is over, and my Department will now name and shame those who have been found by the regulator to have breached consumer standards, or who have been found by the ombudsman to have committed severe maladministration.
While there is no doubt that this property fell below the standard that we expect all social landlords to meet, Awaab’s death makes it painfully clear why we must do everything we can to better protect tenants. Our Social Housing (Regulation) Bill will bring in a rigorous new regime that holds landlords such as these to account for the decency of their homes. As I mentioned, the system has been too reliant on people fighting their own corner and we are determined to change that. The reforms that we are making will help to relieve the burden on tenants with an emboldened and more powerful regulator. The regulator will proactively inspect landlords and, of course, issue the unlimited fines that I have mentioned, and it will be able to intervene in cases where tenants’ lives are being put at risk. In the very worst cases, it will have the power to instruct that properties be brought under new management.
Landlords will also be judged against tenant satisfaction measures, which will allow tenants—indeed, all of us—to see transparently which landlords are failing to deliver what residents expect and deserve. It is the universal right of everyone to feel safe where they and their loved ones sleep at night, which is why our levelling up and private rented sector White Papers set out how we will legislate to introduce a new, stronger, legally binding decent homes standard in the private rented sector as well for the first time. We recently consulted on that decent homes standard and we are reviewing the responses so that we can move forward quickly. It is a key plank of our mission to ensure that the number of non-decent homes across all tenures is reduced by 2030, with the biggest improvements occurring in the lowest-performing areas.
The legislation that we are bringing forward is important. We hope that, as a result, no family ever have to suffer in the way that Awaab’s family have suffered. We hope that we can end the scandal of residents having to live in shoddy, substandard homes, such as some of those on the Freehold estate. We want to restore the right of everyone in this country, whatever their race or cultural background, to live somewhere warm, decent, safe and secure—a place that they can be proud to call home. I commend this statement to the House.
Today has to mark the start of a real step change in our level of urgency to improve the condition of our social housing stock and the rights of people in it. This is not just about social housing stock, however: as the housing ombudsman made absolutely clear, there are people in every form of tenure who are forced in 21st-century Britain to endure these appalling, unconscionable conditions.
The coroner said that the death of Awaab, who suffered prolonged exposure to mould,
“will and should be a defining moment for the housing sector”,
but it should also be a defining moment for us and a wake-up call to every single Member of the House who has, in whatever limited form and to whatever extent, the power and platform to make sure that this never, ever happens again. It should not take the death of a two-year-old boy in completely avoidable circumstances to get us together and act.
The truth is that although this is the most shocking outcome that anyone could imagine, this is not an unusual set of circumstances to come across the desk of any hon. Member or housing lawyer in the country. Our inboxes and constituency surgeries, in every part of the country, are overflowing with people in this position—people who have sounded the alarm over and over again, but who have simply been rendered invisible by decision makers who do not respond.
I know that the Secretary of State and I are wholly united on this issue and that he is sincere about getting a grip on it and doing something about it. Only a week ago, we stood across from each other at the Dispatch Box and talked about what we could do to strengthen the measures in the Social Housing (Regulation) Bill that is currently before Parliament to ensure that this House delivers the strongest possible legislation. If there is unity, however, there is no excuse for delay. It is time for urgency.
In that spirit, what further steps will the Secretary of State’s Department take? There is a systemic issue of housing unfit for human habitation in the social and private rented sectors. Too many families are living in overcrowded, damp, mouldy and squalid conditions, and they are disproportionately likely to be black, Asian and ethnic minority families in poverty. This has not just a heavy social cost; NHS England already spends £1.3 billion a year on treating preventable illnesses caused by cold and damp homes.
The consultation on the decent homes standard closed weeks ago, so can the Secretary of State give a timescale for that being brought into law without delay for the private and social rented sectors? We are 100% committed to decent homes standard 2, so we will work with the Government day and night to ensure that it is tough and fit for the 21st century, and that it is delivered quickly.
New regulation matters but, as the Secretary of State knows, there is a crisis for local authorities up and down the country. It would be wrong not to acknowledge that, for well-intentioned local authorities—the ones that are good landlords and are responsive to their tenants’ needs—there is still a huge, gaping hole in their finances. Will he ensure that he sits down and works through those problems with local authorities? Everybody understands that there is a major problem with the public finances, but we have to find creative ways to help local authorities now, including through longer-term funding settlements. Will he particularly ensure that any social rent cap is funded? Otherwise all we do is load more cuts on to local authorities that cannot afford them and ensure that that money is stripped out of our local housing stock at a time when, as he knows, the situation is already unconscionable.
Damp is more likely in homes that are excessively cold and expensive to heat. With energy bills going through the roof, a cold winter will lead to a spike in mould problems, as the Secretary of State will know. What is he doing to bring about the retrofitting and insulation of older social housing stock to make homes cheaper to heat? We have a housing crisis in this country, but we also have a growth crisis. There are a lot of people around the country who could use good jobs bringing those homes up to standard and literally saving lives this winter.
I welcome the fact that the Secretary of State has called in the chief executive of Rochdale Boroughwide Housing to explain himself, but will the Secretary of State commit to a wider investigation of the case and what can be learned, including the housing association’s structure and governance and whether the lack of democratic representation on its board played a part in its lack of responsiveness?
I am grateful that the Secretary of State repeatedly acknowledged during his statement that Awaab’s family have said that, in their view, it is beyond doubt that racism played a role in their treatment and the handling of their concerns. Beyond an acknowledgement, I would like to see some action to deal with that. Nobody should be subjected to personal and intrusive questions about their private lives, lifestyle and bathing habits in their own home. I was glad that the coroner recognised that Rochdale Boroughwide Housing now knows that that was completely unacceptable, but how on earth was it allowed to conclude that lifestyle and bathing habits contributed to the majority of the mould?
Further to that, an important part of the system is providing legitimate migrants and refugees with safe and secure housing. Will the Secretary of State commit to a wider review of how housing is provided and maintained for refugees in this country? I am convinced that Awaab’s family are right that the imbalance of power posed an acute problem for those who are unfamiliar with the system. I want to pay tribute to my hon. Friend the Member for Rochdale (Tony Lloyd), who is in his place, and to the Manchester Evening News. They are a powerful voice for people who do not understand the system. However, there is a problem here, and it needs to be addressed. Will the Secretary of State look at the over-representation of BAME people in poor-quality housing?
Finally—I will come to a close, Madam Deputy Speaker, because I know that there is huge interest in this across the House—we stood in this place five years ago, after the shocking events of Grenfell, and said, “Never again.” Never again has to mean something. It has to mean a legacy for the people who have lost loved ones as a consequence of the shocking imbalance of power in the housing system. Will the Secretary of State commit to working with us in the Opposition to deliver a housing system fit for the 21st century?
The hon. Lady is right, of course, that the circumstances were utterly avoidable. She was also right to say that we require a step change in levels of urgency in dealing with these problems. She is right, too, that the problems identified by the coroner and held up to the light exist in every form in tenure across England. Damp and mould are not an unusual set of circumstances, but a problem that afflicts constituents all of us know of and all of us represent, and they should not be a problem with which people have to live. The impact on individuals’ health and their quality of life can be profound, and action needs to be taken across the country, by all of us, to ensure that this scandal ends.
The hon. Lady is right to say that poor housing quality, while it exists across England, is particularly concentrated in certain communities, and it disproportionately affects families from black and minority ethnic backgrounds. This is part of a broader pattern of unequal outcomes that we do need to address. It requires sensitivity in handling, but she is also right that it requires urgency and focus on the part of all of us in investigating the factors that lie behind it.
The hon. Lady asked particularly about the decent homes standard and when we will bring forward new regulations in response to the consultation. We hope to do so as early as possible. It may not be until the beginning of the new year, but we will do so, I hope, in a way that ensures we can legislate effectively either in this Session or in the next.
The hon. Lady makes a fair point about local authority funding. Every part of the public sector and public realm faces funding challenges at the moment. I have been talking to my right hon. Friend the Chancellor of the Exchequer about this, and he is very sensitive to these concerns. In the autumn statement tomorrow, he will be saying more about what can be done, including with reference to the social rent cap. As we all know, it is important to balance the additional sums that individuals may be required to pay at a time of inflation in order to ensure that housing associations are appropriately funded for the work that they need to do. There is a difficult balance to strike, but I have talked to Kate Henderson and others in the housing association sector, and I believe that the way forward that we have found is one that will be considered to be fair, in admittedly tough circumstances.
The hon. Lady asked about a wider investigation into the governance of Rochdale Boroughwide Housing. I had the opportunity to talk briefly to the chief executive earlier this afternoon. In the course of that conversation, it became even more clear to me that there are systemic problems in the governance and leadership of that organisation. I look forward to working with the hon. Lady and the two Members of Parliament covering the metropolitan borough to address that.
The hon. Lady also made a point about the campaigning work of not just local MPs, but of the Manchester Evening News. As I referenced briefly in my statement, I am grateful to the Manchester Evening News, which is an exemplar when it comes to a local newspaper that speaks for its communities and campaigns effectively.
The hon. Lady’s final point about safe and secure housing for all, including refugees, is one that I absolutely take on board. We do need to ensure that people fleeing persecution and being welcomed into the country know that this country is a safe home for them and that they have a safe home within this country. I would only say that it is our responsibility and our duty to ensure that every citizen of the United Kingdom believes that everyone in this House is on their side in ensuring that they have somewhere safe, decent and secure to live.
At the national level, the Secretary of State rightly says we need the new definition of decent homes. Does that include classifying mould as a category 1 hazard, for example, because that would be an important step in providing protection? Will he also guarantee this important matter? There is a debate about the funding of local authorities, but there needs to be specific recognition that if we are to prevent this kind of tragedy, we must have enforcement and we must have structures that have the resources to enforce, such as local authority housing ombudsmen.
At the local level, the Secretary of State made reference to Rochdale Boroughwide Housing. I have to say that I have very little faith in the senior management of that body. There were so many ways in which this tragedy could have been prevented, so it is unforgivable that it has happened. Exemplary fines will not necessarily do the trick, however, because this simply penalises those who pay rents and penalises the taxpayer. There needs to be some personal responsibility in this, and the capacity for those at a senior level to face the consequences either legally, or in any case of losing their job. I would welcome an investigation into Rochdale Boroughwide Housing, and I hope this can now be done, because there are serious issues. I really do think that the chief executive, and perhaps some of those on other executive bodies, need to question their own role and whether they should be there any longer.
On the first point about damp and mould, it is already the case under the legislation introduced by the hon. Member for Westminster North (Ms Buck)—the Homes (Fitness for Human Habitation) Act 2018—that damp and mould is a No. 1 concern when it comes to whether a house is fit for human habitation. However, the hon. Member is quite right to say that, when it comes to identifying a category 1 hazard, reviewing that in the context of the decent homes standard is something we do have to do. I think that, under any circumstance or under any standard, the conditions in which Awaab’s family were living were simply not decent and would have failed the decent homes standard, but he is quite right that we need to keep these under constant review.
The hon. Member is also right to stress that, when it comes to appropriate support for people in all types of tenure, we need to make sure that local authorities are appropriately resourced to ensure that they can be the champions of those whom they are elected to represent.
I draw the Secretary of State’s attention to the Select Committee’s report, “The Regulation of Social Housing”, published in July—I gently remind him that the Department has not yet replied to it. In the report, we identified some social housing that was unfit for human habitation, and causing the sorts of health problems that tragically have been seen in this case. We identified problems with repair reporting, complaints handling, and a lack of proactive inspection of properties by housing providers and the social housing regulator. We put that in context and said
“some blame must attach to successive Governments for not investing enough in new homes, which has increased the sector’s reliance on outdated stock, and for not providing funding specifically for regeneration.”
Some of those are not individual repairs; there are failures of whole blocks and whole estates. I say to the Secretary of State: let us share the common objectives, and let us work together to get the money to ensure that those objectives can be realised.
I should say—I did not respond fully to the hon. Member for Wigan (Lisa Nandy) earlier—that one other important pressure on registered social landlords is ensuring that we deal with effective energy efficiency and insulation measures. We must make those resources available, even at a time of straitened circumstances.
The standard of housing in the social housing sector, run by both housing associations and local authorities, has been shown to suffer from ongoing issues across the UK, including inefficient repairs and maintenance contracts and services. What assessment has the Secretary of State made of whether the regulatory enforcement framework needs improving urgently, including the inspections regime? Does the ombudsman need to be given more resources, so that tenants can expect a full and quick resolution to their complaints?
The hon. Lady’s second point is about tracking down the ultimate owner, which is a big problem. On coming into the Department, I was surprised by the way in which ultimate owners of property hide behind myriad opaque structures. Through the Land Registry and elsewhere, we need to find means of determining the ultimate beneficial owners of property so that we can take appropriate enforcement action. I look forward to working with the hon. Lady on the issue.
I think—and I hope this reflects the mood of the House—that we have reached a point at which we all recognise that, thanks to this tragedy and thanks to the campaigning of Members on both sides of the House, as well as the campaigning of individuals outside such as Kwajo Tweneboa, Daniel Hewitt and Vicky Spratt, we now know that we need to tackle these questions with a greater degree of urgency than ever before.
I want to raise an issue raised earlier by my right hon. Friend the Member for Hackney North and Stoke Newington (Ms Abbott). Awaab’s family believe that racism played a significant part in the way they were treated and the way their complaint was handled. May I ask the Secretary of State whether he is taking that point seriously, and whether he will commit himself to an investigation?
Bills Presented
Planning Application Fees Bill
Presentation and First Reading (Standing Order No. 57)
Daisy Cooper, supported by Helen Morgan, presented a Bill to amend the Town and Country Planning Act 1990 to enable local authorities [in England] to determine the fees to be paid in respect of applications and deemed applications for planning permission; to require local authorities to set the scale of fees with a view to ensuring that the costs of determining applications can be wholly funded by application fees; and for connected purposes.
Bill read the first time; to be read a Second time on Friday 24 March 2023, and to be printed (Bill 193).
Trade (Australia and New Zealand) (Parliamentary Approval) Bill
Presentation and First Reading (Standing Order No. 57)
Sarah Green presented a Bill to provide for the implementation of the United Kingdom’s free trade agreements with Australia and New Zealand to be subject to approval by resolution by each House of Parliament; and for connected purposes.
Bill read the first time; to be read a Second time on Friday 25 November, and to be printed (Bill 194).
Contains Parliamentary information licensed under the Open Parliament Licence v3.0.