HLG1

Legislation Committee No 2

Response to the Proposed National Assembly for Wales (Legislative Competence) (Housing and Local Government) Order 2010

Shelter Cymru

5 January 2010

Shelter Cymru is the leading housing and homelessness charity in Wales and works for the prevention of homelessness and the improvement of housing conditions. Our vision is that everyone in Wales should have a decent home.

We believe

• a home is a fundamental right and essential to the health and well-being of people and communities.

Values:

Independence

• We work for people in housing need without fear or favour.

• We will constructively challenge to ensure people are properly assisted and to improve practice and learning.

Respect

• We work as equals with the people who use our services.

• We will help people identify the best options to find and keep a home and take control of their own lives.

Introduction

Shelter Cymru welcomes the opportunity to provide the National Assembly for Wales’ Legislation Committee No. 2 with evidence on the Proposed National Assembly for Wales (Legislative Competence) (Housing and Local Government) Order 2010.

We believe that everyone in Wales has the right to decent housing and works with the Assembly and partners to improve the approaches to tackling homelessness and poor housing in Wales. We believe that legislative developments can, in certain circumstances, improve practice and help priorities resources and therefore contribute to eradicating the trauma of homelessness and housing need in Wales. From this perspective the future ability of the Welsh Assembly Government to legislate when necessary on housing matters is of considerable importance to the beneficiaries of the charity.

The process of devolution has enabled Wales to make progress in several policy areas, including housing and homelessness, which would not have otherwise occurred as policy was made outside Wales and simply implemented here. In the areas, which are of particular interest to Shelter Cymru, in terms of legislation, we have seen:

• The Homeless Persons Priority Need Wales Order 2001 - which extended the groups of people accorded priority need under s.189 of the Housing Act 1996

• Homelessness (suitability of accommodation) (Wales) Order 2006

These developments ensured that many of the most vulnerable people experiencing homelessness were given greater assistance and placed in more suitable accommodation than before Orders were implemented.

To enable Wales to more fully act in the interest of people facing homelessness and housing need, which includes the provision of suitable homes and drivers for delivery and more effective regulation of social housing providers and a more integrated approach to homelessness and sustainability, Shelter Cymru believes that the Assembly Government should acquire the powers identified in the Legislative competency Order.

1.  What are your views on the general principle that legislative competence in the areas identified in Matters 11.2 - 11.8, and Matter 12.18 be conferred on the Assembly?

Shelter Cymru agrees with the principle that legislative competence in these matters should be conferred on the Assembly.

Since its inception, the Assembly has been able to undertake important work in the fields of housing and homelessness policy. Specific examples include, the UK’s first national strategy to tackle homelessness - which has by now evolved into a comprehensive ten year plan; legislation to expand the categories of persons included as being in priority need under the Housing Act 1996; legislation to restrict the use of Bed & Breakfast accommodation for people experiencing homelessness and setting standards for temporary accommodation in general.

Shelter Cymru believes that while successive Governments have been able to make progress on individual issues, in order to enable Wales to fully act in the interest of people facing homelessness and housing need, the Assembly should have the legislative powers to achieve the policy aims it has set both in terms of homelessness, housing supply and allocation as well as the regulation of social housing providers.  (As referred to in the explanatory document) the matters included in the order will enable the Government to pursue a coherent and long-term policy in terms of housing and homelessness.  

With regard to homelessness specifically, for example, legislative competence in this area will - following a review of the current system - enable the Assembly if necessary, to consider legislative changes to develop a framework aimed at better assisting people in Wales and ensuring that solutions are comprehensive and sustainable.

2.  What are your views on the terms or scope of the proposed Order? For example, is it too narrowly or too broadly drawn?

We believe that the scope of the order is appropriate and that the Assembly should have the range of powers included within the order to assist it to deliver effective change in the identified fields in Wales in the future. This way it will have the capability of not just setting policy but having the legislative powers to deliver on its commitments.

In terms of the private rented sector, which is not included in this order, Shelter Cymru believes that the Welsh Government should consider requesting legislative competency over this area in the future. The sector is important in terms of providing suitable homes and assisting in preventing homelessness. It is certain to be a major part of the strategy to tackle homelessness in the medium term, and as the Assembly considers its approach to the homelessness framework, it may be useful to also consider other matters - such as security and affordability - that could help improve this sector’s contribution.

Given the lack of affordable homes in Wales, the pressure on the social sector and the continuing difficulties of affordability in relation to owner occupation, more use is being made of accommodation in the private rented sector to fulfil people’s housing needs. As a key means of delivering homes to people in Wales - and therefore a key component of any Government and local authority strategy to address housing needs - it is important that the Assembly is able to consider and implement any reforms in this sector as part of its overall housing strategy.

3.   What are your views on each of the eight Matters contained in the proposed Order? (Further information about each of the Matters is provided on pages 11-13 of the Explanatory Memorandum)

We believe many of these matters are inextricably linked. We will take matters 11.2, 11.3, 11.4 and 11.5 together and link these to 11.8.

It is Shelter Cymru’s view that the Assembly should have the powers to legislate regarding social housing providers in Wales, including with regard to allocation of housing and flexible means of home ownership.

In order that Wales can develop a framework to more effectively prevent homelessness and help people achieve sustainable solutions to their housing needs, we need to make more creative use of existing and new housing stock. This includes exploring, amongst other things, how social housing is allocated, shared ownership, flexible tenure and staircasing (up and down) options and mutual homeownership - all of which may be appropriate for families at different stages during their lives, depending on their personal circumstances, financial position and employment situation.

In terms of the allocation of social housing, the order will enable the Assembly and the Welsh Government to wholly consider the allocation system and how providers - including housing associations - prioritise allocation. This is clearly something the Assembly may wish to do as it considers use of stock, access to renting and ownership and effectively tackling homelessness.

We support the Assembly in requesting the powers to legislate on the Right to Buy (Matter 11.5) The Government’s policy position on this matter refers to having the power to allow local authorities to suspend the Right to Buy in areas of housing pressure. As Wales will be considering the development of a new system to prevent homelessness, exploring innovative ways of providing access to homes to rent and buy, and the means of making the best use of the existing housing stock, it is essential that the Assembly is able to consider all aspects relating to supply and issues which could impact on the stock in the future e.g. the sale of social housing.

In this respect it is important that the Assembly is able to take measures to enable local authorities and housing providers to protect the housing stock (and any new stock) where necessary, whilst developing strategies to increase the provision of suitable homes and empowering households to access home ownership through cost effective and sustainable routes. (As noted in paragraph 37 for example and the promotion of community land trusts and cooperatives.)

Matter 11.8.

As previously stated, Shelter Cymru believes that since its inception the Assembly has undertaken considerable positive work on tackling homelessness and we work closely with Government and partners to improve policy and practices in this area. The recently published ten year homelessness plan sets out the Government’s vision for tackling homelessness in Wales up to 2019, and an integral part of the plan is to explore the current statutory homelessness framework. The ten year plan states the following:

'We want to see a statutory framework that supports the vision of all encompassing service provision…We want the statutory framework to allow Local Authorities to develop and deliver services that are universally available to all, using a housing options approach to address housing and support needs, focused on the individual needs of each household, with an emphasis on homelessness prevention. With this in mind, we will undertake a review of key areas of homelessness legislation and the duties placed on Local Authorities, especially around the areas of priority need, intentionality, local connection and the discharge of duty into the private rented sector, consulting widely on specific proposals for amendments to the existing statutory framework.’ (Welsh Government, Ten year homelessness plan for Wales 2009 - 2019, p.26)   

It is Shelter Cymru’s position that the current UK framework governing homelessness may not necessarily be fit for the purpose of dealing with the challenges of homelessness and housing need, and the emphasis that Governments and providers place on longer-term prevention and sustainability.  We believe that too much energy is wasted on processing applicants within the requirements of current legislation i.e. priority need, intentional homelessness etc. rather than focussing resources on identifying and addressing people’s need for decent homes and any support required to maintain their accommodation.

The powers in the order will enable the Assembly to take a coherent and comprehensive approach required to the questions of supply, advice and support, and homelessness prevention and lead on a new approach to homelessness in Wales focussing on helping more people avoid homelessness and when homeless occurs reduce repeat/generational homelessness. The aim in the medium to long term, will be that services can move more to a pro-active and positive approach. Crucially this approach must go beyond current support and assistance and be integrated with services and opportunities to access education, training, and employment.

We are committed to assisting the Assembly with its review of the current homelessness framework, including both the social and economic costs of the short-term nature of much of the support offered, and in developing proposals for a system that can deliver sustainable solutions people in housing need in Wales in the future.

It is clear that if, following a review, the Assembly decides to reform the current statutory system, it will require the legislative competency requested in this order. Matters 11.2, 11.3, 11.4 and 11.5 primarily deal with housing providers and the supply of housing and are all essential to effective homelessness prevention and therefore to ensuring the success of any system to effectively tackle and prevent homelessness.  As such, we believe that the Assembly should have legislative powers over these areas.

Matter 11.6

Shelter Cymru delivers legal housing advice, debt and welfare benefits advice and housing support through community locations across Wales. As referred to in our response to matter 11.8, we believe that Wales needs to lead in developing more integrated advice and support provision that will assist people to deal comprehensively with any identified needs.  We believe that support provision should include access to education, training and employment services that are essential to assisting people to successfully live independently.

Specific points

Under matter 11.4, we believe it is important that the Assembly has the power to legislate to simplify tenure in the social housing sector. In terms of the detail, we will work with the Assembly to ensure that particular proposals and measures ensure people have adequate security and rights.

The powers requested in relation to creating specific tenure provision for supported housing in the statutory and voluntary sector (paragraph 30) provide an opportunity to clarify the current procedures - and practices - relating to this area. It is apparent that providers are not currently clear about their powers and responsibilities in this area of tenure, while it is also the case that the current situation does not enable them to act flexibly to protect residents and staff. Shelter Cymru will again work with partners to ensure that the revised procedures protect both tenants, other residents and staff.

Article 3 of the proposed order - insertion of 12.18 into Field 12 (Local Government)

Wales has approximately 26,000 privately owned longer-term empty homes and the issue of second/holiday homes is a significant one in a number of communities, particularly in rural and coastal areas across the country. It is important that the Assembly is able to give local authorities powers that would encourage making better of use of empty homes. The ability to charge additional council tax is one way of doing this and it would enable the Assembly to give Welsh local authorities further leverage for dealing with empty properties that can be used to provide affordable homes in communities across Wales.

Matter 11.7

Recent consultation on the Welsh Government’s strategy with regard to Gypsies and Travellers highlights the issues and problems in delivering suitable accommodation and services for these communities. As with all sections of society, suitable accommodation provision is important in enabling households to both access services and progress with other aspects of their lives such as education and employment, in good health.  Although, as the strategy identifies, working in partnership at a local level is important in developing accommodation sites and services, the order would enable the Assembly, if necessary, to require authorities to deliver suitable accommodation sites in what is often a contentious area of housing and planning policy.

4.  What are your views on the 'Interpretation of this field’ paragraph?

Under matter 11.6 we would agree that this should be about helping people live independently or more independently and that the support should include the range of support and services that would contribute towards this e.g. education, training, employment.

5.   Do you have any other additional comments relating to the proposed Order?

See our comments in relation to privately rented accommodation under question 2.