Adref
Aelwyd
HA
Agorfa
Aids Trust
Cymru
Alcohol
Concern Cymru
Alzheimer's
Society Wales
Anheddau
Cyf
ARCH
Initiatives
Barnardo's
Compass Partnership
Barnardo's
Cymru
BAWSO
Beaufort House
Move on Scheme
British Red
Cross
Bro Myrddin
Housing Association
Bron Afon
Community Housing
Cadarn Housing
Group
Cadwyn Housing
Association
Caer Las
Cymru
Caerphilly
Council
Caerphilly
Women's Aid
Calan
DVS
Cardiff
Community Housing Association
Cardiff
Council
Cardiff Gypsy
and Traveller Project
Cardiff
Women's Aid
Cardiff YMCA
Housing Association
Care
Management Group
Cartrefi
Cymru
Church Army
Cardiff
CIH Cymru
(Chartered Institute of Housing)
Clwyd Alyn
HA
Coastal
Housing
Collage
Community
Housing Cymru (CHC)
Community
Lives Consortium
Compass
Community Care Ltd
Connect
Assist
Cymdeithas
Gofal / The Care Society
Cymdeithas Tai
Cantref Cyf
Cymdeithas Tai
Clwyd
Cymdeithas Tai
Eryri
Cymorth
Cymru
Cynon Taf
Community Housing Group
Cyrenians
Cymru
De Gwynedd
Domestic Abuse Service
Denbighshire
CC
Dewis
Ltd
Digartref Ynys
Mon Ltd
Dimensions
Diocese of
Llandaff Board for Social Responsibility
Diverse
Cymru
Domestic Abuse
Safety Unit (DASU)
Drive
Esgyn
Family
Awareness Drugs Support
Family Housing
Association Wales Ltd
First Choice
Housing Association
GISDA
Glyndwr
Women's Aid
Gofal
Gwalia Care
& Support
Gwynedd County
Borough Council
Hafal
Hafan
Cymru
Hafod Care
Association
Haven
Trust
Home
Access
Homeless
Link
Huggard
Ihsaan Social
Support Association (ISSA) Wales
Larch
Learning
Disability Wales
Linc
Cymru
Llamau
Ltd
Melin
Homes
Mendola
Associates
Mental Health
Advocacy Scheme
Merthyr Valley
Homes
Merthyr
Women's Aid
Mind
Monmouthshire
Monmouthshire
CC
Neath Women's
Aid
Newport
Housing Trust
Newport
Mind
Newport
WA
Newydd Housing
Association
North
Denbighshire Domestic Services
North Wales
Housing Association
Pembrokeshire
Care Society
Pembrokeshire
Housing
Pennaf Housing
Group
Pen-yr-Enfys
Perthyn
Practice
Solutions
RCT
Homes
Reach
Supported Living
Rhondda
Housing Association
RNIB
Salvation
Army
Save The
Family Ltd
Scope
Seren
Group
Shelter
Cymru
Sitra
Solas
Cymru
St Giles
Trust
Stteps
Swansea County
Council
Swansea Young
Single Homeless Project (SYSHP)
Taff Housing
Association
Tai
Calon
Tai
Pawb
Temp2Perm
The
Wallich
Torfaen and
Blaenau Gwent Mind
Torfaen County
Council
Torfaen
Mind
Torfaen
Women's Aid
United Welsh
Housing Association Ltd
Us
UnLTD
UWIC
Vale of
Glamorgan County Council
Valleys To
Coast
Wales &
West Housing Association
Welsh Women's
Aid
Welsh Women's
Aid Colwyn
Women's Aid in
Rhondda Cynon Taff
Wrexham County
Council
Wrexham
Women's Aid
Overview of evidence
As
the umbrella body for organisations working with vulnerable people,
our consultation response is focussed specifically on those issues
of relevance to vulnerable people. The Welsh Government recognised
in its Housing White Paper that ‘the need for safe, warm,
comfortable shelter is one of the most fundamental human
instincts’[1]
and that it is Welsh Government’s responsibility ‘to
ensure that every citizen in Wales has the opportunity to live in a
good quality, energy efficient home which is
affordable’[2].
We share this view that a decent home plays a vital role in a
person’s ability to build a successful life.
We
fully support the Bill’s drive to put a greater emphasis on
prevention and relief of homelessness and we are currently engaged
in the ongoing dialogue around the extension of priority need to
rough sleepers. Cymorth Cymru is also part of discussions
around priority need in relation of ex-offenders and we are
grateful for the opportunity to help shape this specific piece of
legislation as it develops.
We
have also liaised with partner organisations and would like to take
this opportunity to endorse the evidence provided by Shelter
Cymru.
Our
evidence is presented in the following format:
·
General
comments
·
Responses to the
consultation’s specific points
We
look forward to exploring some of the points made in our response
further when we give oral evidence to the Communities, Equality and Local Government
Committee.
General
comments
This Housing
Bill signifies the Welsh Government’s direction of travel in
terms of tackling homelessness. Whilst there have been
concessions made that arguably have made this Bill less progressive
in terms of policy making than originally set out in the White
Paper, we recognise the need to be pragmatic and take account of
the current economic and political landscape.
We remain
committed to supporting the Welsh Government to work towards the
future phasing out of certain elements of homelessness legislation
which our members – organisations that support some of the
most vulnerable people in Wales – tell us is
counter-productive to their work.
We would like
to also use this opportunity to highlight the key role that the
Supporting People Programme plays in ensuring individuals are able
to maintain their tenancies as independently as possible. In
Cymorth Cymru’s view, the duties that this Bill will place on
local authorities to ensure the relevant services are in place to
support vulnerable individuals and to help prevent homelessness
mean that we should now take a more strategic approach to funding
the Supporting People Programme.
While the
Programme enjoyed relative protection from budget cuts in Financial
Year 2013-14, the year-on-year struggle to protect this budget and
its outcomes could be avoided were a more strategic approach
taken. The Supporting People Programme assists around 76,000
vulnerable people across Wales and delivers real cost savings to
other areas of public spending. Cymorth Cymru is keen to work
with Government and partners to ensure that the true value of the
Programme is understood across all sectors engaged in supporting
vulnerable people to ensure better services for homeless
individuals and those threatened with homelessness.
Our
main points are:
·
The
regulation of housing in the Private Rented Sector (PRS) is the
cornerstone of the successful use of the PRS when discharging a
local authority’s homelessness duty. Attempts to remove this
element of the Bill need to factor in the interconnected element of
Parts 1 and Parts 2 of the Bill. Without appropriate
regulation of landlords, greater use of the PRS as a means of
accommodating vulnerable individuals is reckless and may lead to
the exploitation of some of Wales’ most vulnerable citizens
and further exacerbate homelessness in Wales.
·
Greater use of
the PRS to alleviate demand on social housing is welcomed.
This new ability for local authorities to accommodate vulnerable
people in the PRS when discharging their homelessness duty must be
coupled with the appropriate level of support to ensure vulnerable
people are not set up to fail, and fall into possibly cyclical
homelessness.
·
Placing
prevention and support at the heart of legislation to tackle
homelessness will enable better consistency across Wales and drive
up the quality of services. This needs to be in conjunction
with the appropriate resources to ensure preventative services are
available.
·
Elements of the
homelessness legislation raise concerns in terms of the consistency
of application across Wales and the impact on actually tackling
homelessness.
·
Coproduction
and co-design need to be a key feature when implementing the Bill
to ensure maximum positive effect on reducing homelessness.
Learning from the work undertaken by the Supporting People
Programme in this area needs to be captured and built
on.
Responses to
the Consultation’s specific terms of reference
1.
The
general principles of the Housing (Wales) Bill and the need for
legislation in the following areas:
·
a
compulsory registration and licensing scheme for all private rented
sector landlords and letting and management
agents;
We
are in favour of regulating private sector landlords and letting
agencies. It is important to view the this new
regulatory system together with Part 2 of this Bill as it has
relevance to the new powers to be placed on local authorities to be
able to discharge their homelessness duty through the use of the
PRS. Whilst there has been much debate around the
introduction of regulation of the PRS, we are concerned that
discussions so far have not given consideration to its connection
with the new reality of accommodating some of Wales’ most
vulnerable citizens in private rented housing.
We
support the move to reduce the pressure on social housing through
allowing local authorities to discharge their duty through use of
the PRS, however it is vital that individuals are given the correct
support to help them to maintain their tenancy – otherwise we
will be simply setting people up to fail. We view
regulation as the cornerstone to ensuring that the PRS delivers on
expectations. Without such regulation, there are real
concerns that vulnerable people could be negatively impacted by
landlords who do not offer a high level of service, whether through
ignorance or purposefully. Shelter Cymru report an
overrepresentation of PRS tenants among the clients that they work
with and the main problems that are reported include
harassment and illegal eviction. These issues are often
caused by lack of understanding of their rights and
responsibilities by both landlords and tenants, with tenants often
reluctant to exercise their rights for fear of retaliation.
Given that this
Bill will affect more people who are vulnerable and may mean that
those who may have more complex needs may be accommodated in
private rented housing, it is important that tenants of the PRS are
afforded the same rights of protection and standards as tenants in
social housing. We acknowledge that many PRS landlords and
agents act responsibly, however we support an approach based on an
appropriate balance of sanctions and incentives, supported by
appropriate resources for those undertaking the implementation of
the scheme. This will raise standards in the PRS where
required.
We
also need to ensure that regulation does not result in any
unintended consequences – one of which being the potential to
make individuals homeless if landlords feel that it is not
‘worth the hassle’ when mandatory registration comes
into force. As such, we endorse an approach of working with
landlords – especially those who may have become
‘accidental’ landlords – to support them to take
on these duties.
To
fully capitalise on this opportunity, it is vital that regulation
is extended to all private landlords irrespective of whether they
have one property or many properties like some of the larger or
professional landlords. The positive impact that regulation
will have on standards in the PRS should be equally enjoyed by
tenants, regardless of whether they are vulnerable or not, and
regardless of how large a portfolio of properties their landlord
may own.
We
also endorse proposals made by CIH Cymru to implement changes on a
roll-out basis, to manage resources and capacity.
·
reform of
homelessness law, including placing a stronger duty on local
authorities to prevent homelessness and allowing them to use
suitable accommodation in the private sector;
Duty to prevent
homelessness
Putting
prevention and support at the heart of responding to homelessness
is an ethos that Cymorth Cymru has promoted since its
formation. We know that preventing a housing crisis before it
arises is the best option both
in
terms of the individual’s
experience
as
well as in financial
terms for themselves and for the state. In a
time of economic uncertainty it is more important than ever to
ensure that public spending deliver value for money and
it
is our firm view that a focus on
early intervention will help deliver this for Wales.
The
new duty on local authorities to actively prevent homelessness will
also create a more consistent approach throughout Wales towards
tackling homelessness. Whilst there are example of good
practice that currently exist, a more consistent approach is to be
welcomed to ensure all vulnerable people throughout Wales
get
a high standard of service, and to ensure that these standards
continue to rise.
A move toward a preventative
approach will require a significant cultural shift for many local
authority staff and for this shift to be effective, these changes
need to be properly resourced and those involved in their
implementation need to be adequately supported. We continue
to develop our services to help staff in the sector to make these
changes and are keen to work alongside Government and others to use
our networks and influence to enable this shift.
Homelessness Reviews
and Strategies
We support the
Bill’s duty to require local authorities to create more
robust homelessness reviews and strategies. This opportunity
to ensure ‘buy in’ from other areas of local government
and promote the message that ‘homelessness is not just a
housing issue’ should be maximised. Part of Cymorth
Cymru’s workplan is to strengthen links between the housing
and health sectors and we are currently exploring how we can enable
even greater join up between different sectors to ensure that
vulnerable people are part of discussions and their voices,
opinions and life experiences shape how support is
provided.
It is important for
collaboration and coproduction to be a key driver when taking this
forward. Requiring local authorities to simply consult
with key stakeholders will not deliver the same results as
requiring them to embed coproduction at the heart of
strategy and the design of services. We advise that learning
should be taken from the Supporting People Programme and the way in
which coproduction is enabling greater ownership and is allowing
the Third Sector to become equal partners in discussions
influencing decision-making. We recognise that different
areas are at different stages of this journey, and would welcome
the opportunity to facilitate the sharing of good practice.
This is an important element if an authority requires
not-for-profit organisations to contribute to objectives within
their homelessness strategy.
Given Cymorth Cymru’s
involvement in the development and implementation of the
governance structure for the Supporting People Programme, we would
be keen to facilitate any learning exchange.
Greater use of
private renting housing
We
support the move to make better use of the PRS by local authorities
to reduce the pressure on social housing. There are concerns
that the PRS can been seen as a panacea for Wales’ housing
situation and further investment might be needed to ensure that the
PRS delivers on expectations. It is vital, therefore, that
vulnerable individuals are given the correct support to help them
to maintain their tenancy in the PRS in order to maximise the
outcomes and avoid setting vulnerable people up to fail. For
example, ensuring that vulnerable people are supported to gain and
exercise the skills that are needed to independently maintain a
tenancy as well as supporting people to achieve personal outcomes
such as securing training or employment will deliver a more
sustainable homeless service.
In
order to make best use of the PRS, we support the introduction of a
regulatory system and, as previously mentioned, we view this as an
essential requirement of successful use of the PRS in terms of
local authorities discharging their homelessness duty. We
also suggest that the relationship between the Third Sector and the
PRS is strengthened, allowing more initiatives like social lettings
schemes to be implemented across Wales. It is essential that
this relationship is forged to avoid vulnerable people being
‘dumped’ in the PRS without the support that they
need. Such instances will simply lead to a revolving door of
homelessness. Through the development of social letting
agencies and other such initiatives that involve the third sector,
we can ensure that access to the PRS is fair and open to all to
combat the kind of discrimination that is currently faced by some
groups.
Priority
need
As a
point of principle, Cymorth Cymru advocates for the removal of the
priority need system in favour of an approach similar to the
Scottish approach where all citizens who are homeless are
accommodated. Given the success of this approach in Scotland,
we would like to see the Welsh Government adhere to its long-term
aim of removing ‘priority need’ altogether. We
however recognise that until we are able to reach this point,
‘priority need’ will remain a feature of the Housing
(Wales) Bill.
Given
the importance of a home and the aim of moving towards a Wales
where we have a duty to house every homeless citizen, tightening
the eligibility criteria for ex-offenders in priority need status
is an area of concern for the organisation that we
represent.
It is
clear from the conversations that we have had with our members that
simply putting a roof over someone’s head is not
enough. This is as true for those leaving prison as it is for
many others. Given the high prevalence of unmet
support needs among prison leavers, with many having mental health
problems and substance misuse issues, there is currently not
sufficient priority given to meeting the needs of this client group
and addressing the root causes of reoffending. We are
strongly of the opinion that the introduction of the additional
barrier of a ‘vulnerability test’ will further
exacerbate this.
It is
estimated that more than 90 per cent of prisoners
have a mental health problem of some kind and that more than 70 per
cent
of both male and female sentenced prisoners have at least two
mental disorders. In addition, many are from disadvantaged
backgrounds, have substance misuse issues and poor literacy rates.
Given this, the prison population is regarded by many working in
this area as vulnerable by definition.
We are
concerned with the changes that have been made to priority need
status for ex-offenders and the definition given in the Housing
(Wales) Bill stating a need for both a local connection and
vulnerability. As a national representative body, our members
(who work across all 22 local authorities) regularly report a lack
of consistency in the interpretation of homeless legislation.
The inconsistency in the application of current priority need
status for ex-offenders – with some local authorities using
the ‘intentionality judgement’ as a way of denying
accommodation – raises real concerns around the
implementation of an additional ‘vulnerability
judgement’ which could subsequently deny even more
individuals access to accommodation.
A
decision on whether or not someone is ‘vulnerable’ is
in its nature subjective. When coupled with the divisive
nature of this client group given the misplaced
‘deserving’ and ‘undeserving’ argument that
is often applied to entitlement to accommodation, we foresee issues
around the robustness of individual decisions made.
As
called for in our response to the recent consultation on this
specific issue, we would again emphasise the importance of taking
an evidence-based approached towards policy making –
especially in policy areas that are potentially divisive in the
local community such as this. It is vital that we understand
the current situation and evaluate what does and does not work for
this group before major changes are rolled out. We would
therefore advocate for a pilot with an open review and evaluation
before priority need be removed.
Intentionality
Although we support
the Bill’s plan to remove ‘intentionality’ for
homeless families with children experiencing homelessness, Cymorth
Cymru advocates for the removal of ‘intentionality’
entirely. Intentionality rulings are currently inconsistently
applied across Wales, which is understandable as decisions are open
to interpretation. We consider its current inclusion in this
Bill as a missed opportunity and an area where a significant and
positive impact could have been made to the experiences of homeless
people and the organisations that work to support them.
We have received a
clear message from our members who work with people with multiple
needs that if intentionality is to remain for households without
children, a duty to assess support needs becomes even more
essential. Often, individuals who are found
‘intentionally homeless’ will more than likely be in
need of some form of support to help them retain their
tenancy.
If
‘intentionality’ remains in the Bill in its current
form, it is important for the accompanying Guidance to include a
clear time limit on intentionality rulings to ensure that
vulnerable people are not barred from services for life.
Local
connection
Local connection,
like that of ‘intentionality’, is a component that
ideally would not feature in any progressive homelessness
legislation. Homeless people have the same right to decide
where they wish to live as everyone else. Whilst we envisage
this Housing Bill to be a catalyst for future change, it is
important to not lose sight of the need to treat all citizens
equally – regardless of whether they may be in housing crisis
and despite the economic climate in which this Bill has been
developed.
·
a
duty on local authorities to provide sites for Gypsies and
Travellers where a need has been identified;
We welcome the
proposal to place a duty on local authorities to provide sites for
Gypsy and Traveller communities where need has been identified. We
endorse the response by Tai Pawb in this area and would welcome
meaningful consultation with Gypsies and Travellers in relation to
identifying needs and the provision of services. It is also vital
that the settled community and elected officials are brought on
board with plans so that they can also take ownership of any plans
as one of the key barriers to the implementation of this proposal
is the opposition to the development of new sites from elected
members and the settled community.
As previously
stated, the benefits of using a process that embeds coproduction
and co-design is required. Local authorities need to do more
than simply consult with key stakeholders when producing
their report on identified need and merely to include ‘the
responses (if any) it received to that
consultation’ as stated in this section is wholly
unacceptable. Ensuring that all stakeholders have an equal
role in discussions and decisions will deliver much better mutually
agreed and lasting solutions.
2.
Any
potential barriers to the implementation of these provisions and
whether the Bill takes account of them.
The current economic
and political landscape in Wales and across the UK cannot be
underestimated. The worst effects of the welfare reform
agenda are still to be fully felt by people in Wales and coupled
with rising demand for services and the increasing levels of cuts
in funding, this Housing Bill alone will not have the scope to
protect vulnerable people from these outside factors. We know
that preventative services have a cost saving element
when compared to the cost of intervention at crisis point, yet
services for those in crisis will still be needed, and especially
so in the current context. Given this, one of the major
barriers to implementation is resources.
It is vital for the
prevention agenda to be properly resourced to ensure that the
necessary services are available. Those at the frontline of
implementing this agenda need to also be adequately supported
through this ‘culture change’ to ensure that the
Bill’s aims are fully realised.
We need to use this
opportunity of Wales’ first Housing Bill to enable better
links between policy areas. At a time when public spending
needs to deliver as significant and positive an impact as possible,
ensuring that all areas of Government understand their contribution
to ensuring better services for vulnerable people and the resulting
benefits in doing so is becoming ever more vital.
3.
Whether there are
any unintended consequences arising from the Bill.
As addressed
in question 1, the areas of concern remain:
·
Local
authorities discharging their homelessness duty by placing
vulnerable people in the PRS without adequate support to ensure
tenancy sustainment
·
Use
of an unregulated PRS to accommodate vulnerable people and the
potential for exploitation
·
Substandard PRS
accommodation used to house vulnerable people
·
Areas of
homelessness legislation such as priority need for ex-offenders,
intentionality rulings and local connection preventing individuals
from securing a decent home.
4.
The
financial implications of the Bill (as set out in Part 2 of the
Explanatory Memorandum (the Regulatory Impact Assessment, which
estimates the costs and benefits of implementation of the
Bill),
Additional
costs are to be expected with the introduction of any new
legislation and there will be a period where additional funding is
likely to be required to enable implementation. It is
important to take account of the potential cost savings to be
gained through a focus on prevention and enabling new approaches
and that this should be weighed against any implementation costs
incurred.
In
order to measure the effectiveness of the Bill and ensure value for
money, the costs of implementation and the impact of changes to
legislation need to be continuously and openly reviewed and
communicated.
5.
The
appropriateness of the powers in the Bill for Welsh Ministers to
make subordinate legislation (as set out in Chapter 5 of Part 1 of
the Explanatory Memorandum, which contains a table summarising the
powers for Welsh Ministers to make subordinate
legislation).
We
accept what is set out in Chapter 5 of Part 1 of the Explanatory
Memorandum in relation to the Welsh Ministers remit to make
subordinate legislation.
Nicola Evans – Policy & Information Manager
Cymorth Cymru
Norbury House, Norbury Road, Cardiff CF5 3AS
Tel (029) 2055
3687
nicolaevans@cymorthcymru.org.uk
10/01/2014
