Welfare Reform Bill

My Lords, I, too, thank the Minister for introducing the Bill to this House. I want to speak at rather greater length than the noble Lord, Lord Oakeshott, about the housing benefit sanctions placed on those who have been evicted for anti-social behaviour. In doing so, I affirm the aspirations set out in the Government’s Respect Action Plan, in which they write: "““We want to create a decent, civil society in which people can shape their own lives and participate fully in their local community””." I recognise, as all of us do on these Benches from our pastoral experience in our dioceses, the negative impact that crime and anti-social behaviour can have on neighbourhoods, communities and, in particular, the lives of children and young people and their families. At this point I declare my interest as chair of the trustees of the Children’s Society in what I have to say. My work with that charity repeatedly reveals that children often become the victims of other people’s behaviour. I suggest that this Bill, if left as it is, will continue that trend. Of course, I support proportionate responses to prevent criminal anti-social behaviour but I have grave concerns about the proposal to reduce or remove entitlement to housing benefit from families with dependent children. Any proposals brought forward must be considered with respect to their specific impact on children and young people. As noble Lords will know, the rights of this group are defined under both domestic and international law. I draw your Lordships’ attention to the principle of ensuring that all decisions are made in the child’s best interests under both Article 3 of the United Nations Convention on the Rights of the Child and the Children Act 1989. This principle is reinforced in the Children Act 2004 and in the Every Child Matters agenda, in particular the outcome to achieve economic well-being, which includes as its aims ““Live in decent homes”” and, "““Live in households free from low income””." The proposals in this Bill directly contradict the five outcomes framework of Every Child Matters and, in my view, will lead to greater social exclusion for some children and families. I turn to the issue of child poverty and protection inherent in Clause 30. I believe that the introduction of the principle of conditionality to housing benefit entitlement may inadvertently place children at risk and undermine the Government’s pledge to eradicate child poverty. I believe that basing delivery of welfare benefits on behaviour, rather than on need, represents an attack on the fundamental principles of welfare provision. Those in receipt of housing benefit have already demonstrated that they are in need of financial assistance. That assistance is already calculated on the basis of a minimum standard of living. While the draft regulations make provision for a maximum level of benefit reduction of 30 per cent for claimants who have responsibility for a child or young person, it must be recognised that any reduction would likely result in homelessness, indebtedness and destitution for some of these families. A 30 per cent reduction in housing benefit may make it impossible for the parent or parents to provide sufficient financial support for the child or children. In extreme cases, it may lead to the need for the child to be placed in the care of the state. A key principle of the Children Act 1989 is that a child should be removed from their family only if they are at immediate risk of significant harm. Surely that principle must remain in place. The Government intend the offer of rehabilitation to address not only the symptoms but also the root causes of problematic behaviour by linking reductions in housing benefit with the offer of appropriate rehabilitation. However, I question the likely efficacy of this approach when evidence in relation to parenting support, for example, shows that voluntary interventions are more effective than coercive ones. I am concerned that the clause does not set out how the offer of rehabilitation will operate. For example, it is not specified whether the conditions will consist solely of a requirement to take part in rehabilitative programmes or whether they will also include, where appropriate, referrals to mental health or substance misuse services, training programmes or family therapy. The current proposals could aggravate an already complex situation. It is also unclear whether the sanctions placed on a named individual are intended to punish the parents, the children, the family or whoever in that family is principally responsible for the alleged anti-social behaviour. That is pertinent, as any accompanying rehabilitative or supportive programme must identify and address the behaviour, and whatever is causing it, of different individuals with their different needs and concerns. The programme, as described in government literature, is meant to deal with group behaviour. It is unlikely to be able to do both. Finally, I have serious concerns about the availability of such intensive therapeutic programmes. Can a local authority that decides to refer a family to such a service guarantee that places will be available on that programme? If no place is available or the family is placed on a waiting list, does the reduction in housing benefit still apply? Unless the availability and quality of support can be assured, such a system would be setting people up to fail. The proposals are inequitable and discriminatory, as they apply only to those in receipt of housing benefit. Although the Government have outlined their intention to introduce a house closure order to deal with anti-social owner-occupiers, as currently described, the order would be in force for up to six months, whereas this clause permits the removal of housing benefit for up to five years and is not attached to any requirement to attend a programme of rehabilitation. Thus, those dependent on state benefits receive a harsher penalty than those who can afford to own their own property. I am also concerned that the measures may inadvertently punish those who cannot control their behaviour, such as those with mental health problems or learning difficulties, to whom noble Lords have already referred, or those who cannot control other family members or visitors to the home. The general point is that the anti-social behaviour of children and/or their parents does not happen in isolation. This behaviour is the manifestation of a complex plethora of problems and issues that need to be addressed appropriately. Many of these families have a history of strained relationships with statutory agencies and personnel, and reducing housing benefit to coerce them to take part in a rehabilitative programme is extremely unlikely to be effective.