History of Homelessness in the UK - Law Lecture Slides PDF

Homelessness Law & Policy: History of homelessness provision and regulation Vivien Gambling Kent Law School, University of Kent 1  1. Early period to 18th century – (before 1800) o Settlement laws, vagra...

Homelessness Law & Policy: History of homelessness provision and regulation Vivien Gambling Kent Law School, University of Kent 1  1. Early period to 18th century – (before 1800) o Settlement laws, vagrancy laws, poor laws 2. 19th century (1800 to 1900) (Victorian times) Periods o industrialisation and philanthropists we will 3. First half of 20th century – to 1945 o the first large scale house-building by the state cover in 4. Second half of 20th century today’s o The growth and decline of Council housing lecture o The development of homelessness law 5. 21st century o homelessness prevention? o Increased use of private sector; weakening security for tenants 2  Issues to consider The part played by policy and by law in the allocation of social housing The roles of the state and the private sector Do current levels of homelessness indicate a failure of housing policy and/or law? Perceptions of and policies towards people experiencing homelessness (eg free/unfree; blameworthy/ helpless) – have they changed through history? Do laws and policies provide sanctuary (help) or sanction (punishment/ control)? ‘Neglected issues’ in recounting history – experiences of ethnic minority groups, and inequalities relating to gender, sexuality and social class [Harding, pp 13-15] Part 1: Early history – pre 1800 (1) VAGRANCY LAWS – [See R.Humphries – No Fixed Abode] o Attempt to control and prevent vagrancy (rough sleeping, homelessness) o A vagrant = an idle person without any visible means of support o In 7th century, King Hlothaere passed laws to punish vagrants [St Mungo’s website] o Criminal offences and severe punishments PROVISION AGAINST STARVING – POOR LAWS (16th century onwards) o Provision against starving for the deserving CONTROL OF WORKERS - SETTLEMENT LAWS o Laws prohibited agricultural workers moving to a different area Part 1: Early history – pre 1800 (2) POOR LAWS Poor relief – the first form of ‘state’ (local) welfare provision? Poor laws required recipients of ‘relief’ to wear the letter ‘P’ In the 16th century, the state tried to house vagrants (in ‘bridewells’, or Houses of Correction or Houses of Industry) By the 18th century, there were workhouses  work 12 hours per day to earn daily food; system of punishment  stigma attached Part 2: Victorian times -19th century (1800’s)-(1) Work - Victorian attitudes – hard work, thrift, respectability Vagrancy Act 1824 – “for the more effectual suppression of vagrancy and the punishment of idle and disorderly persons, and rogues and vagabonds” – a continuation of control of itinerant poor people who were homeless Poor Law Amendment Act 1834 – the new poor law – this was intended to focus on the needs of the stable deserving poor o Relief was provided mainly through workhouses o Workhouse conditions deliberately made ‘less eligible’ or less desirable than the standard of living of the lowest paid labourer – though numbers grew o Those capable of work had to work o Charlie Chaplin (1889 – 1977), aged 7, lived in a workhouse The workhouse in Canterbury “The Workhouse is at the top of Nunnery Fields, near the Old Dover Road, on the south-west side of the City….. although available for 416 inmates, its average number is not more than 200, who are employed in making bread, wood-splitting and gardening…” Kelly’s Directory of Kent 1903 Victorian times - 19th century (1800’s) (2) Urbanisation resulting from the industrial revolution– people moved to cities for factory jobs Accommodation was often hurriedly and poorly built Much of the housing became slums (as depicted in the novels of Charles Dickens) Philanthropists and industrialists developed housing projects, eg’s: George Peabody – the Peabody Trust Octavia Hill – Octavia Hill Housing Association Lever Brothers – Port Sunlight Almshouses & charities, including Church Housing Trust, Salvation Army The first block of Peabody dwellings in Commercial Street, Spitalfields, London in 1863, shortly before the building opened. An example of Port Sunlight (above) and Saltaire village (left) architecture 9 Housing supply Stuart Lowe (2011) The Housing Debate Housing policy involves housing stock and supply – numbers Involvement of the private and public sectors - not just a function of the state Short-termism of politicians and policy makers Sudden shocks and policy responses – e.g. world wars, Covid Different countries – different % of public / private; owner-occupier / rented sector; differing protection for tenants and provision for people experiencing Part 3: 20th century – the broad picture Large growth in owner occupation – (in the period from 1900 to 2000, from about 10% to about 68%) o From a nation of private renters to a nation of predominantly homeowners Homelessness and social housing – parts of a larger picture From the 1980’s onwards Globalisation of finance and financial institutions – greater role of private sector Substantial reduction in Council owned homes House building has been patchy and inconsistent Growth of homelessness and homelessness law (from 1977) 20th Century: 1900 – 1950 In 1918, 70% of people lived in private rented accommodation Rents controlled as a result of riots during the First World War Housing & Planning Act 1919 (Addison Act) first big initiative for large scale housing provision by the state (recognised need) “homes fit for heroes” Subsidies to local authorities and to private builders Homes built: By Councils – between 1919 and 1933, ½ million By private builders – between 1919 and 1929, nearly ½ million Part 4: 20th century 1900 – 1950 National Assistance Act 1948 – provision / social welfare Housing crisis at the end of Second World War Major squatting movement see https://squattinglondon.wordpress.com/2017/07/18/the-1946-squatters/ National Assistance Act 1948 – part of major social welfare provision o It abolished the hated workhouses, in effect replaced poor laws o Duty on Social Services (County Councils, not housing authorities) o s.21 - a duty to provide: -  residential accommodation for persons who by reasons of age, infirmity or other circumstances are in need of care and attention not otherwise available for them  Temporary accommodation for persons …in urgent need thereof, where the need could not reasonably have been foreseen; and discretion to provide in other cases 20 century: 1950’s to 1970’s th Private rented sector in 1950’s & 1960’s – poor conditions, notorious bad landlords (e.g. Peter Rachman); race discrimination Substantial housing building by local authorities – prefabricated, tower blocks and other poor quality buildings About 1/3 of population lived in Council housing – the highest % ever? By the 1970’s, many Council estates were rundown Stigma associated with Council housing Growth in home ownership National Assistance Act 1948 did not work well; it was applied harshly An example Great Arthur House in the City of London; a tower block built for Council housing A typical example of a in London er ttttttblockteeee 1957, on a former bombsite. The architects won an award for the design. Structural problems became apparent - rain water ingress, damp and mould. 15 - Housing Stock / supply 1945 – 2015 Post WW2, priority on house building – between 1945 – 1955, 1 million new houses were built, largely by local authorities (LA’s) By 1990, house building by private companies fell to 150,000 per year Reduction of Council housing (Right to Buy and ‘stock transfers’) Large scale ‘stock transfers’ by LA’s to housing associations By 2012 – 2013 the total number of new homes built was at an all- time low since WW2 – 135,000. Prior to 2015 election, the 3 main political parties promised to build new homes – a recognised issue 20th century – 1980’s and the Right to Buy Housing Act 1980 – Right to Buy Council homes  Conservatives’ vision of “property owning democracy”  Labour party’s opposition / ambivalence / some support  Successive governments failed to allow local authorities to use the money from Right to Buy sales to build new homes  Massive loss of Council homes as a result of RTB  An ongoing loss - From 2021 – 2030, projected net loss of 3.61% (57,000) https://www.local.gov.uk/publications/research-right-buy-within-housing-revenue-account In 1980’s, Council housing increasingly viewed as a last resort Growth in visible rough sleeping 20th century - The emergence of housing associations Many (some starting as housing co-ops) formed in the late 1960’s and 1970’s Original ethos and objectives: social housing & support, democratic Mixture of private and public (finance and tenure) Increased commercialisation: mergers and acquisitions Genesis (formerly Paddington Churches Housing Association b.1974) August 2015  Will no longer build social housing: “not my problem”  Will build for sale, or for rent at market rates, or shared ownership  Blames cuts (of 60% in 2010) in government funding to build social homes  Now merged with another housing association, renamed Notting Hill Genesis In 2023-4, 10% of households (2.5m) in HA homes; compare with 6% Council (1.5m) English House Survey - Chapter 1: Profile of households and dwellings - GOV.UK Housing associations – minority groups Development of housing associations for black, ethnic minority and other groups Olive Morris & Brixton Black Womens Group A response to discrimination in private rented sector, communities’ needs not met by statutory agencies, and difficulties accessing mortgages Highly politicised individuals, campaigning to empower and support Bishop Wilfred Wood at a Federation their communities of Black Housing Organisations Ujima, Odu Dua Housing Association, Conference, 1986 ASRA Inside Housing - Insight - Black History Month: the evolution of Black and minority ethnic housing associations – features a book by Elaine Bowes Elaine Bowes 1980’s - Globalisation, privatisation, home ownership Lack of financial regulation – liberalisation of banks in the 1980s New forms of financial trading, bundling up mortgages into bonds and selling them to investors – international trade in mortgage-backed securities [Stuart Lowe] Ease of re-mortgaging as a source of spending Unprecedented rise in house prices Growth of the “buy to let” market and ‘small business’ landlords Ideological and political effects Homelessness Law The Housing (Homeless Persons) Act 1977 See Cowan, Carr & Binger, Loveland Failure of house building to keep up with demand fuelled concern regarding growing homelessness The film “Cathy Come Home” epitomised the issue Campaigning and formation of, eg, Shelter and St Mungos 1977 Act placed DUTIES on HOUSING departments and RIGHTS for applicants National system rather than local Limitations: Political compromises led to the intentional homelessness test Little benefit to couples and single people not in priority need Housing Act 1996 Concerns about Council housing and the systems Many Council estates were “ghettoised”; people were stuck there  allocation of Council accommodation allegedly favoured homeless people  big increase in applications of homeless people Department of Environment consultation paper (1994) Stigmatised single mothers; wanted to help couples wishing to start a family HA 1996 limited full housing duty to 2 years; and amended the allocation (removed reasonable preference for homeless applicants) Further statutory provisions on homelessness Homelessness Act 2002 o Local authorities were to take a strategic and partnership approach o Removal of 2 year limit on homelessness duty Homelessness (Priority Need for Accommodation) (England) Order 2002 o Specified categories – ex-army, leaving prison, care leavers, 16 – 17 yr olds Localism Act 2011 o Allows LA to offer 12 months private rented tenancy to discharge its ‘full housing duty’ Homelessness Reduction Act 2017 (amended the Housing Act 1996) o Relief and prevention duties o Relief duty may result in a 6 month private sector tenancy Localism Act 2011 – allocation of social housing [See article by Bevan]. Local authorities’ power to designate categories of people who can or cannot qualify, within limits Must give “reasonable preference” to those who are homeless (s.175 HA 1996) or who are owed a s.193(2) HA duty – but vague Allows ‘local residence’ requirements – eg 5 years, 10 years – this can discriminate against people experiencing homelessness, including those fleeing domestic abuse Local authorities can grant flexible (fixed term) tenancies, in place of ‘tenancies for life’ Instability, particularly for people experiencing homelessness Erosion of tenants’ security of tenure COUNCIL TENANCIES PRIVATE RENTED SECTOR TENANCIES Housing Act 1985 – Secure tenancies Rent Act 1977 – Rent Act tenancies – – tenancies for life. Rent control. strong protection from eviction and rent control Housing Act 1996 – Introductory tenancies (a trial tenancy for the first Housing Act 1988 – introduced 12 months, leading to a secure assured and assured shorthold tenancy if tenant not in breach) tenancies – no new Rent Act tenancies Localism Act 2011 – local authorities Reduced security can grant flexible (fixed term) no rent control – market rent tenancies e.g. 5 years. Housing & Planning Act 2016 – local Housing Act 1996 – presumption is authorities MUST grant flexible assured shorthold tenancy – no fault tenancies – the end of ‘tenancies for repossession by landlord. Market life’. Rent control still. rents. Part 5: 21st Century – homelessness prevention – rough sleeping 1990 – Rough Sleepers Unit – critics said ‘an exercise in containment’ More than a Roof [DTLR 2002] – central government’s proposals increase supply of homes Increase use by local authorities of private sector, including rent deposit schemes Provide help to tenants to sustain tenancies & prevent homelessness Address Homelessness and social exclusion A whole series of policy papers from 2004 – 2007 Sustainable Communities: Homes for All (ODPM, January 2005) Target to halve the number of households living in temporary accommodation between 2005 & 2010 – emphasis on Coalition government – 2010 to 2015 New Ministerial working group on tackling homelessness Vision to end rough sleeping? No Second Night Out Nationwide 2011 Evidence of the review of the costs of homelessness [DCLG, August 2012] – estimated £24,500 per person; total £1 billion Making every contact count, a joint approach to preventing homelessness [DCLG, August 2012] – one aim is to reduce costs DCLG funding: £160 m per year for Homelessness Prevention Scheme Addressing complex needs: improving services for vulnerable homeless people [DCLG, March 2015] 27 Criticism of prevention measures Households in temporary accommodation - halved from 2005–2010, rose from 2011 Shelter Briefings Crisis – The homelessness monitor, annual analysis https://www.crisis.org.uk/ending-homelessness/homelessness-knowledge-hub/homelessness-monitor /england/the-homelessness-monitor-england-2023/ Government statistics – 117,450 in temporary accommodation – 12% increase in a year Statutory homelessness in England: financial year 2023-24 - GOV.UK Record 151,000 children homeless in TA - Shelter England Crisis – mystery shopper exercise applying to local authorities for housing help (October 2014) https://www.crisis.org.uk/ending-homelessness/homelessness- knowledge-hub/housing-models-and-access/turned-away-2014/ More Home Truths – learning lessons from complaints about the Homelessness Reduction Act 2017 (LGSCO, March 2023) Covid and homelessness Remarkable success of the “Everyone in” initiative to get people off the streets at the start of the first lockdown Efforts to hold back evictions – government implemented regulations to suspend most court possession cases (up to Sept/Oct 2021) except where serious arrears But - New influxes of people onto the streets An increase of evictions once furlough ended and restrictions on court proceedings lifted In March 2021 the Public Accounts Committee reported that “the MHCLG (now DLUHC) still does not have a plan for achieving or maintaining the government’s 2019 election commitment to end rough sleeping by May 2024: three years from now.”  Causes of homelessness (discussed in Week 1) Mismatches between aspirations, policy pronouncements and reality, e.g. “Ending Rough Sleeping for Good” Some Short termism – housing requires a long view? issues to Neglected issues - structural inequalities and people experiencing disadvantage think Homelessness legislation – difference of treatment for those in priority need compared with non-priority about… need Heavy reliance on private rented sector for local authorities to fulfil housing duties – a ‘revolving door’? And what happened to house-building? New homes: What's happened to the government's housebuilding target? - BB C News [November 2023] 30  References Bevan, C. (2014). The Localism Act 2011: The Hollow Housing Law Revolution. The Modern Law Review, 77(6), 964-982 Bowes, Elaine. The Development of Black Housing Associations. Carr & Binger (2018). Women’s Legal Landmarks: the 1977 Housing ] (Homeless Persons) Act Cowan, D. (2011) Housing Law & Policy, pages 146 – 151 Harding, J. Post-war Homelessness Policy in the UK (2020). Palgrave MacMillan [E-book available through Library Search] Humphreys, R. (1999), ‘Homelessness and the Welfare State’ – Chapter 7 in No Fixed Abode: A History of Responses to the Roofless and the Rootless in Britain, Palgrave Macmillan (1999) Lowe, S. (2011) The Housing Debate, The Policy Press