When we discuss a Bill on Report, there are times when we find ourselves dealing with an awful lot of Government amendments and suspect that Ministers are trying, at the last minute, to slide one or two contentious issues past the House under the radar, thinking that people might miss them due to the great complexity of our discussions—[Interruption.] I am sure that my right hon. Friend the Member for Leigh (Andy Burnham) never did that when he was a Minister, as he has just indicated. This, however, is not one of those occasions.
As my hon. Friend the Member for Hammersmith (Andy Slaughter) said, there has been a great deal of discussion not only in the House, by Members on both sides, but outside it with the charities arguing the case for homeless people, the Local Government Association and landlords, among others, to try to get this right. It is important that we do get it right, even though the process has taken a bit longer than some of us would have wished.
Once again, I pay tribute to the diligence and forbearance of the hon. Member for Harrow East (Bob Blackman) in trying to get us moving forward in a consensual manner on these issues. As he said, it took us a long time to get to this version of clause 1, which has appeared in many formats. It goes to the heart of the concerns that many of us have about the workings of existing legislation. One of the worst aspects of the way in which homeless families are currently treated—even those who are acknowledged to have a priority need—is that they are told to go away, sit at home and wait for the court to hear their case, and that then the authority may act, once a court order has been made, to deal with their situation. In the very worst cases, they are told, “Wait until the bailiff has arrived and while you are out on the street, we might decide to deal with you as a homeless family.” That situation is not acceptable, so it is important that it changes as a result of this Bill. The hon. Gentleman said that, importantly, the 56-day provision will not end responsibility—the prevention duty continues beyond that time if a family does not yet have settled circumstances.
I had concerns that the specific requirement to deal with homelessness once a section 21 notice had been served, rather than allowing the matter to get to court,
which was in a previous version of clause 1, had been taken out. I accept that the requirement for local authorities to exercise the prevention duty means that as soon as a section 21 notice is served and the family provide the local authority with that information, the duty kicks in and the local authority immediately has to seek to resolve the family’s homelessness and look for alternative accommodation for them.
The code of guidance, which was discussed at length in the Bill Committee—I had a discussion about it with the Minister outside the room and then we referred to it in Committee—will be important to make it clear to local authorities how they should treat a family who are subject to a section 21 notice and in priority need. They will need to make sure that they do not get to the court stage before action is taken. It is also important for making sure that an offer acknowledges, as far as possible, an individual family’s circumstances with regard to the schooling of children, the employment of family members, caring responsibilities and so on. Moreover, if a family have to be offered accommodation outside the borough, the receiving borough has to be notified that they are coming. Many of those important issues are in the existing code of guidance, but authorities have not implemented the code or addressed them.
We all hope that the Bill will be enacted before long. The Minister said helpfully in Committee that he will present the code of guidance to Parliament for approval, which is welcome. Our Select Committee has said that we will quickly arrange an evidence session on the code because we want to make sure that it is right. Getting the Act right but having a code of guidance that does not work will leave us no better off; getting both of them right will make the situation much better so that local authorities are able to address the issue of homeless families. I hope that Ministers will welcome that as another way in which the Select Committee can play a constructive role in this private Member’s Bill process by ensuring that the legislation has cross-party support and really works for homeless people.