UK Parliament / Open data

Welfare Reform Bill

Proceeding contribution from Lord De Mauley (Conservative) in the House of Lords on Tuesday, 17 January 2012. It occurred during Debate on bills on Welfare Reform Bill.
Perhaps I might come to that as I proceed. Amendment 50ZA would also require the Secretary of State to publish an annual report accounting for the expenditure of this funding. As each local authority will be delivering different types of support, requiring the Secretary of State to report on a large number and variety of schemes—some of which, as I have explained, would be combined with existing services—would, I suggest, be impractical as well as costly. It would lead to expenditure on administration when local authorities will, in any event, be required to account to their communities for their spending and services. There will be a large variety in the size of awards to local authorities, as the amount of funding each will receive will be based on the equivalent Social Fund spend at the point of transition. Therefore, while some local authorities will receive large amounts, others will receive less than £10,000. It would be far too onerous to require these authorities to report in detail on how the funding is spent. It would make no sense to enforce the same reporting requirements on such a wide range of local authorities receiving such differing amounts. However, as I said in the debate on Amendment 50, the department will conduct a review in 2014-15, obtaining appropriate information from a representative cross-section of local authorities, in order to help inform future funding levels. I am not talking about a small sample. An analogous exercise conducted last year covered 50 local authorities, so we are talking about quite a substantial exercise. Following the helpful contributions of noble Lords in Committee, I have made a commitment that this exercise will be extended to provide more information about the way in which local authorities have used the funding. Amendment 50ZB seeks to ensure that certain particularly vulnerable groups of people are not rendered ineligible for support on the basis of a test of local residence or connections. We have discussed this issue with local authorities, which are, of course, as noble Lords will be well aware, already very familiar with the issue. In fact, it is not really a Social Fund-specific issue at all because local authorities already deal with boundary issues in the delivery of other services, such as housing and homelessness. Local authorities already have many duties to provide assistance to vulnerable people under existing legislation and frequently co-operate with other local authorities in doing so. We believe that local authorities should be given the freedom to set their own eligibility criteria to enable them to tailor the new provision to their local area. Furthermore, we will encourage local authorities to link support across boundaries. Indeed, several authorities have mentioned to us in discussions that they were already planning to establish collaborative working relationships. Wandsworth, Hammersmith and Fulham and Kensington and Chelsea, for example, already work together to provide some joint services and have said that they will look to see how they can join up for this new local provision. Bristol is also looking at working with neighbouring authorities. Each of the groups referred to in Amendment 50ZB already receives assistance from local authorities and the Government. As my noble friend Lord Boswell mentioned, local authorities already have a number of existing responsibilities in relation to the provision of emergency and longer-term accommodation. They have particular responsibilities in respect of those with a priority need, such as those who are vulnerable because of age, mental illness or disability and those with dependent children. The noble Baroness, Lady Lister, referred to Section 199 of the Housing Act 1996, which sets out what constitutes a local connection in relation to people who are homeless. There is also statutory guidance for local authorities from the Department for Communities and Local Government to which local authorities must have regard. The effect is that those with no local connection receive help from the local authority to which they apply; those with a local connection to a particular area receive help from the authority responsible for that area unless they are at risk of violence if they return there. A local authority housing a vulnerable person would be in a good position to provide help through the new local provision—for example, by providing furnishing for the accommodation it arranges. This is a more holistic approach for local authorities to adopt and such an approach would also be beneficial for local authorities delivering support to those fleeing domestic violence. Local authorities can use the new local provision alongside existing support. The noble Baroness, Lady Lister, challenged me as to how the other groups in the amendment are covered by duties and responsibilities. Local authorities already have a duty to house someone fleeing from domestic violence. They will be able to use the new provision to continue to provide support further down the line—for example, helping to furnish new accommodation that has been provided to someone who has fled domestic violence. As regards young people leaving local authority care, local authorities have a duty to safeguard and promote the welfare of a child who has been a looked-after child, including providing maintenance, and have such duties until the child is 21. Local authorities also already have duties to support disabled people or those who are destitute. They must make arrangements for promoting the welfare of those with a disability or mental disorder, including assessing the welfare needs of a person leaving hospital having received in-patient treatment for a mental disorder. The National Health Service and Community Care Act 1990 requires local authorities to prepare a plan for the provision of community care services in consultation with relevant bodies and to assess the needs of people who may be in need of these services. Local authorities are already required by multiple legislative duties to provide support to the most vulnerable people in their area and they have a great deal of experience of doing so. They will be able to use this experience to deliver the new local provision in a way that will best suit the people in their local area. Therefore, I suggest that there is no specific need for local connection eligibility rules to be published. The noble Baroness, Lady Sherlock, asked about the Children’s Commissioner’s report. I have read the report, published last week, which suggests that certain changes made by the Bill could lead to breach of the UN Convention on the Rights of the Child. The Government are satisfied that the Bill is compatible with their human rights obligations, including those under the UN Convention on the Rights of the Child. The safeguards to which I have referred will ensure that the money intended for vulnerable people goes to vulnerable people. The most discretionary support will be better tailored to people’s needs when it is delivered locally. The new local provision and the national provision of payments on account will complement each other and, taken as a whole, they will provide more effective and better targeted support. For these reasons, I urge noble Lords not to press their amendments.
Type
Proceeding contribution
Reference
734 c473-5 
Session
2010-12
Chamber / Committee
House of Lords chamber
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