Resolve’s Policy Reflection of 2024
As we head into the new year, it is a perfect time to reflect and review the relevant developments and policy outcomes that have transpired this year. It has been a busy time at Resolve as we have followed, and helped, some of the key reforms this year for everything community safety. In this spirit, we will therefore reflect on some key areas of impact, particularly policy related, and review areas we have covered and where we are as we come into the new year.
2024 was a year of many obstacles, challenges, and interesting developments. A year in which the general election yielded a new Labour Government. The year highlighted significant challenges, including the Southport riots and ongoing disorder, which shocked the country in August, with a very real first test for the Labour government. The SDS40 policy alsocaused significant struggles for members up and down the country, as many prisoners were released early following a crisis in the prison population, highlighting the growing challenges faced by the Criminal Justice system. Ultimately however, it was a year of a ‘plan for change’, with new Bills being introduced, and others continuing to be developed.
In 2024…
- We responded to the Law Commission’s Consultation on Contempt of Court
- Worked to further an offer in response to the Tenant Satisfaction measures.
- Continued to work with relevant partners on pressing bills that we know are important to members, such as the Renter’s Rights Bill, the ‘soon to be’ announced Crime and Policing Bill, Mental Health Bill and the Tobacco and Vapes Bill.
- Started working on independent research that highlights the judgements made by the Housing Ombudsman
- Responded to the announcement of respect orders from the Home Office
- Developed our insight weekly newsletter with new pieces and analysis.
We know for members that….
- Certain aspects of the Renter’s Rights Bill cause anxiety such as the changes to the social housing sector due to the proposed removal of Section 21. We will continue to work and hear from you on how we can better project a voice for the sector on these issues.
- Funding and resources are a key issue, and best practice must be married with a focus on resources for the sector.
- The added pressure from the Housing Ombudsman and the Regulator for Social Housing, continue to worry many.
- Community cohesion continues to be a growing challenge following challenges internationally and domestically.
- Court delays and backlogs, threaten to be exacerbated by upcoming reforms.
- Most importantly, that you strive to commit to best practice and do right by your communities.
We want to thank our members for the growing support, as well as all the associates, professionals, and policy makers with have worked with in 2024. We anticipate a productive and positive year, where we can continue to strive for safer communities across the country.
Key Bills
There were a variety of bills of key interest for us that developed throughout the year, we have covered some of these through our Insights, and there are some relevant updates for us to focus on in this wrap up.
Renters’ Rights Bill:
The Renters’ Rights Bill has been a key bill of interest for us. Our last update, on the 20th of November 2024, covers most of the relevant updates. There were a variety of amendments that were debated because of the Committee’s, such as Amendment 9, which covers rent stabilisation, and Amendment 7, which covers the national landlord register, and Amendment NC3 which covers rent in advance. Currently, the Bill has no pressing amendments or developments. It was in the Committee stage from the 22nd of October 2024, and the Report stage and third reading is due to commence on the 14th of January 2025.
We know from members that there are some key issues found within the renter’s rights bill are those that there is often focus from a private landlord perspective, particularly section 21.
However, we know that the removal of section 21 is causing a great deal of anxiety for social landlords.
This is one of the cornerstone reforms in the Bill is the proposed abolition of Section 21 ‘no-fault’ evictions. This essentially mandates that all tenancies become periodic, removing your ability to end tenancies without providing a specific reason. It also means an end to Assured Shorthold tenancies (no starter tenancies). This means temporary housing may also have to be assured tenancies as well. As a result, it may be harder to seek possession, particularly in anti-social behaviour cases.
While there are grounds for possession under the ‘Anti-Social Behaviour’ ground 14 of the Housing Act 1988. While the notice requirements remain unchanged, the Bill does introduce further matters the Court must specifically consider when deciding whether to make an Order for Possession under the ground. The Court will need to determine whether the person against whom possession is sought ‘has engaged with attempts by the landlord to resolve the behaviour’. It is also acknowledged that the Court must also consider the ‘impact of anti-social behaviour on fellow tenants’, mainly in HMOs.
ASB was defined by s.1(1)(a) Crime and Disorder Act 1998 as being “Acts that caused or was likely to cause harassment, alarm or distress to one or more persons.”[1]
Of course, with the delays in the courts, and the often-hard test that ASB has in the courts, this is causing some anxiety within the social housing sector, who do not use section 21 in the same manner and for the same reasons as private landlords often do.
We will continue to work in the new year with members and relevant partners to ensure a relevant alternative and work out any solutions to this problem.
We look forward to keeping working with relevant partners as it progresses to the report stage, keep attuned to any insights that are published as we cover this.
Tobacco and Vapes Bill:
The Tobacco and Vapes Bill has an aim to create a smoke-free UK, as articulated by parliament, it is designed to:
- create a smoke-free generation, gradually ending the sale of tobacco products across the country and breaking the cycle of addiction and disadvantage.
- strengthen the existing powers to ban smoking in public places to reduce harms of passive smoking, particularly around children and vulnerable people.
- ban vapes and nicotine products from being deliberately branded, promoted, and advertised to children to stop the next generation from becoming hooked on nicotine.
- provide powers to introduce a licensing scheme for the retail sale of tobacco, vapes and nicotine products, extend the retail registration scheme in Scotland, and strengthen enforcement activity to support the implementation of the above measures.[2]
The Tobacco and Vapes Bill had its first reading on the 5th of November 2024, in the House of Commons. The second reading was held on Tuesday 26th November 2024, and MPS voted in favour. As it progresses, there is now an open consultation for anyone with relevant expertise and experience, or special interest, as it currently sitting in parliament. This will be used for the Public Bill Committee, which is expected to be held on the 7th of January 2025. We will be responding to this consultation.
Mental Health Bill:
The mental health bill was introduced into parliament on the 6th of November of this year by the minister that is responsible for mental health, Baroness Merron. It helps to reform the Mental Health Act, after much criticism, and since the Independent Review of Mental Health Act which was published in 2018. A key aspect of these reforms was reducing detentions and racial inequalities. The current version of the Bill still stands from that which was introduced on the 6th of November. The progression of this Bill is of key interest; a committee is scheduled for the 14th of January. There is now currently a call for evidence in preperation for this committee. We will keep an eye out for further developments in this Bill as it progresses into the new year.
Crime and Policing Bill
As we enter the new year, the Labour Government’s promise to ‘take back our streets’ may mean that we finally see the emergence of the new Crime and Policing Bill which seeks to fulfil one of its five missions. This comes from the previous Conservative Government, who introduced the previous Criminal Justice Bill (link) on the 14th of November 2024. Broadly, this aimed to give ‘police more powers to tackle knife crime, antisocial behaviour, theft and drugs.
This Bill however, faltered at the Committee Stage, and was therefore unable to move beyond the Report Stage in the Commons before a UK General Election was called, and the following dissolution of Parliament. This Bill has in part, been recovered by the incumbent Labour Government in the Crime and Policing Bill.
During 2024 we saw new powers start to be announced as part of the forthcoming Crime and Policing Bill. One of the main announcements was Respect Orders, which partially replaced existing Civil Injunction powers for adults which will ensure a wider range of penalties as breaches will be dealt with in the criminal courts, alongside the new power of arrest.
This is a welcome announcement for us here at Resolve, as we have been advocating and working with partners to deliver legislation like Respect Orders. We have heard concerns around the order, namely the name and the associations around it, and how it will be implemented. We have already responded to this order, and that can be found here: (link)
As we move further into the new year it is likely that this will be a priority, as Bills that were announced during the King’s Speech are slowly introduced into the new year. As a result, we will continue to monitor this with interest and watch for any further developments.
Right to Buy
Right to Buy continues to be a hot issue for social housing and, the housing crisis. We last reviewed the Right to Buy Scheme on the 13th of November, as Angela Rayner suggested halting and reviewing the scheme as conversations are sparked on the loss of much-needed social housing stock. The Government reiterates that they ‘want to ensure that council tenants who have lived in, and paid rent on, their social homes for many years can retain the opportunity to own their home’, however they acknowledge that reform is needed to ensure stock does not continue to be lost to the private sector. [3] One of the most significant developments since our review, is the announcement of a consultation on Right to Buy reforms, on the 20th of November. This consultation will last for 8 weeks, from the date mention to the 15th of January 2025.
Right to Buy remains a contentious issue that draws criticism from across the political isle, as the consultation and the following discourse enfolds, we will continue to report and work on achieving the best outcome for communities.
Impacts
One of the key impacts for us here at Resolve was our focus on the Law Commission’s contempt of Court consultation. The Law Commission was aiming to ‘do away with centuries old distinctions between “criminal contempt” and “civil contempt” in favour of a modern, streamlined set of contempt laws”. They broadly proposed three forms of reform to contempt of court this included “General contempt”, “Contempt by breach of court order or undertaking” and “Contempt by publication when proceedings are active. Ultimately, the Law Commission finds the current law of ‘contempt, disorganised, and at times, incoherent.’, it was found however that the more fundamental problems with contempt ‘are practical’, as many ‘courts and tribunals lack meaningful powers to deal with contempt when it arises’, it is found by the commission that even when courts do have such powers, the sanctions available, such as coercion or punishment ‘are blunt’. Resolve as the leading voice in community safety, had a keen interest in a consultation around contempt of court, and as a result, we prepared our response.
We had some disagreements with the proposals
With thanks from Jenna Tym at Forbes Solicitors, Craig Freeman and Ellen Graham at Castles and Coasts, we submitted our response, and we look forward to seeing how this contempt of court consultation develops in the new year.
To read the background behind the consultation in full, visit: https://lawcom.gov.uk/law-commission-launches-consultation-on-contempt-of-court/
Tenant Satisfaction Measures
The Tenant Satisfaction Measures are the result of the Regulator of Social Housing creating a new system for assessing social housing landlords in England on their service. These changes happened as a result of the government publishing the ‘charter for social housing residents: social housing white paper’, setting out ways in which we can improve standards for people living in social housing.
The recent judgements have since been published by the regulator, and a report followed which was released last month looked to analyse the judgments and what they mean. This follows some of our own work that we have been doing around the tenant satisfaction measures, analysing what the recent data means for social housing professionals, and how we can anticipate therefore, what the regulator is looking for.
This work is aiming to progress in the new year, with an offer to members being developed. Keep an eye on recent developments on the website for this in the new year.
[1] https://www.greenhalghkerr.com/articles/a-guide-to-ground-14-possession-and-anti-social-behaviour/
[2] https://www.parliament.uk/business/news/2024/november/tobacco-and-vapes-bill-call-for-evidence/
[3] https://www.gov.uk/government/consultations/reforming-the-right-to-buy/reforming-the-right-to-buy