Homeless Persons (Hansard, 10 June 1974)

§ Mr. Crosland

Yes. Local authorities have a statutory duty under Section 21(1)(b) of the National Assistance Act 1948 to provide temporary accommodation for those in urgent need of it, in the circumstances set out in that Act.

I recognise—indeed, once shared—the concern which has been expressed, notably by Members of this House and by a number of voluntary bodies, about the effect on that duty of changes made by the Local Government Act 1972. I want, therefore, to put it on record clearly that that duty remains in full force. It lies, as it has done since 1948, in the social services authority. Under the 1948 Act the duty to provide temporary accommodation for the homeless was mandatory. Under the Local Government Act 1972 it became a permissive power but subject to powers of direction by the Secretary of State for Social Services, which could 445W make it mandatory. Such a direction was issued on 11th February 1974.

The fact that the duty now rests on a direction does not diminish its effect in law; the direction itself was issued under statute. My right hon. Friend the Secretary of State for Social Services has asked me to say that she does not intend to withdraw that direction, made by her predecessor in the previous administration, and neither of us can conceive that any Secretary of State would withdraw it.

I make this statement with the intention of putting to rest any doubts or misgivings on this technical aspect of an important social duty. However, neither my right hon. Friend the Secretary of State for Social Services nor I am satisfied that this Government should rest simply on the basis of existing legislation in respect of the duties and powers of either social services or housing authorities. We intend, on the basis of the consideration we have given to the issues which arise on homelessness and of the representations put to us, to initiate a wide-ranging review in consultation with the local authority associations and representative voluntary organisations. This will cover the need for new legislation relating to the functions of housing and social services authorities in relation to homelessness; the spread of the financial, administrative and management responsibilities of these authorities; and any other related matters which are put forward by the Government, the local authority associations or the voluntary bodies.

We are determined to avoid a legalistic approach to what are essentially human problems. Statutory duties and powers will not of themselves enable local authorities to do more for the homeless, whether by way of providing more temporary accommodation or more houses, or of making other services available. We appreciate the need for a clearly understood framework of responsibilities backed by law, and this will be a main object of the review. But we must take account of the regional and national character of the homelessness problem; of the fact that the housing situation which we inherited was appalling and cannot, despite the range of measures I have already announced, be improved overnight; and of the situation of those authorities in whose areas homelessness is an increasing problem but who are 446W faced also with the whole complex of other housing needs which only they can tackle and lead in tackling.

Meanwhile my right hon. Friend the Secretary of State for Social Services and I wish to make it unequivocally clear that we expect local authorities to make the best use of their combined housing and social services resources; to exercise all their existing duties and powers; and to deal effectively and compassionately with the needs of those who are or are in danger of becoming homeless, in accordance with our Departments' circulars of February 1974.