Contribution
My Lords, I will speak on Amendment 21 in my name; I thank the noble Lord, Lord Jamieson, and the noble Baronesses, Lady Bowles of Berkhamsted and Lady Neville-Rolfe, for their support. This amendment makes a very small change to the Bill, but it could make a significant difference to the lives of individuals who need long-term full-time care due to their age or disability.
I also thank the Minister for her time in meeting with us to discuss the amendment. We have listened, but still feel strongly that our amendment is important to those who need care. We do not see that it would create a loophole, which was one of the Government’s concerns, or that it treats tenants unfairly when trying to ensure that they have security of tenure and are not moved on unnecessarily from a home that they enjoy and are settled in.
For a loophole to be abused, there must be opportunities in the wording or function of the clause for this happen. We believe we have addressed this, as the property needs to be in close proximity to the landlord’s residence—for example, an annexe or a flat within the same block, or in the same street or village—so that daily and emergency care can be provided to the person who needs care.
Due to the proximity, the tenant would be aware of where the landlord lives. If there were a caring requirement for the landlord or a member of their family and notice was given on the grounds of the need for a carer, they could investigate, ask neighbours or visit the landlord for confirmation. If they were not satisfied that the requirement was met, they could use the provisions in the Bill to challenge the notice.
One of the principles of the Bill is to provide more security of tenure. This amendment would change the Bill in only a very small way as it would apply only to a small number of properties, but for a very important and valued reason for a family.
We have spoken to several national care organisations, which support our amendment. There are many benefits if a long-term carer lives close by, and these were pointed out to me by the National Care Association.
Continuity of care is so important. Carers have private lives, and this separate property would give the carer the opportunity to live their own life in their own space, thereby improving retention and their own mental and physical health. It would also give private space to the family in their own home, which can only help with all the family’s health needs.
During Covid, a lot of live-in carers suffered from loneliness when living in the same property as the person they were caring for. Allowing them their own housing would be a big advantage. Caring is a professional and skilled job, and therefore, when care is provided, it should be done by the most appropriate skilled person. Surely, this could be a professional carer.
If the individual being cared for has a family member living with them who could be the carer, would it not be more appropriate if that individual went out to work and did an appropriate job with the skills they have, rather than doing the job of the carer, when a professional carer might provide better care? Is not one of the Government’s primary objectives to get people into work? Surely, this must involve doing roles that they are most productive in.
Many people of different ages require full-time care, and this can be for many reasons and can come unexpectedly due to age, significant health reasons or sometimes, sadly, an accident. If there is a need for long-term care then surely, if you have a property in proximity, you should be able to gain possession. Is it not reasonable and fair to extend the grounds to allow a professional carer to live at the property, rather than a reluctant family member providing care services?
In terms of care, surely keeping an individual in their own home rather than in a care home or another institution, would benefit not only them but society in general. This amendment achieves this without adding pressure on the already stretched social care sector. We acknowledge that some tenants will suffer disruption by having to leave their property. This is the same as if the landlord wishes to sell the property or move a family member in, but this is for a very specific reason and most tenants would understand why notice has been given.
The amendment is all about family and landlords gaining possession for the use of a property for the family. That is what ground 8 lists. All we seek is to extend the provision for what is an essential service for a family in a time of need. We hope that the Government consider this amendment and make this small change for the benefit of those in care. If they are reluctant to do so, I may need to test the opinion of the House on this matter.