Almost three months since we began our campaign Awaab's Law is on the cusp of becoming a reality. Housing secretary Michael Gove visited Rochdale yesterday (February 9) to promise the parents of Awaab Ishak how their late toddler will have a lasting legacy.
Awaab died aged two in December 2020 following prolonged exposure to mould. His inquest last November heard Rochdale Boroughwide Housing were aware of the issue for several months before his death, but failed to act.
An investigation by the Manchester Evening News last summer found other families struggling with damp and mould on the same estate, with some children being rushed to hospital for breathing issues. The social landlord inspected properties on Freehold following our investigation, and found a staggering 80% of properties were affected by damp and mould.
Awaab's death provoked anger from across the country. As coroner Joanne Kearsley said: "How in the UK in 2020 does a two-year-old child die from exposure to mould in his home?"
The M.E.N. launched a campaign for Awaab's Law in an attempt to make sure what happened to Awaab and his family cannot be repeated. Working with Shelter and Change.org, where a petition has attracted more than 173,000 signatures so far, the M.E.N.'s campaign gained the backing of Awaab's family.
Mr Gove gave a commitment to making Awaab's Law a reality back in November, and yesterday he explained how it could look. "The tragic death of Awaab Ishak should never have happened," he said.
"He was inexcusably let down and his family repeatedly ignored. I want to pay tribute to Awaab’s family for their tireless fight for justice over the last two years.
"[On Thursday] we have announced tough new laws to force social landlords to fix their homes within strict new time limits. Those landlords who continue to drag their feet over dangerous damp and mould will face the full force of the law.
"Our Social Housing Bill will enshrine tenants’ rights in law and strengthen the Housing Ombudsman and Regulator’s powers so that poor social landlords have nowhere to hide. Awaab’s Law will help to ensure that homes across the country are safe, decent and warm.”
A consultation will be launched later this year to set the timeframes within which landlords will have to act to investigate hazards and make repairs. The first two demands of the campaign for Awaab's Law called for inspections to be carried out within 14 days of reported damp and mould issues, with urgent repairs to resolve health hazards carried out in seven days.
The consultation will give stakeholders - including social landlords - the chance to have their say on the proposals. However, Mr Gove told the M.E.N. that the government would 'need a lot of persuading... to move away from' the demands made in the campaign.
It's understood that by setting the time limits as a regulation through secondary legislation, rather than in an Act of Parliament, there will be more flexibility to shorten the timeframes if they are considered too loose in years to come. That flexibility, along with the consultation, also means social landlords won't be set up to fail.
It's hoped the amended Social Housing Regulation Bill can receive Royal Assent, the subsequent consultation can take place and the new timeframes established within a year. Mr Gove told the M.E.N. the process could be complete in a 'matter of months'.
The new rules will form part of the tenancy agreement, so tenants will be able to hold landlords to account by law if they fail to provide a decent home. It's understood tenants challenging their landlords in court would also be able to get support finding temporary accommodation when their current home is unsafe.
Government officials say councils should already be acting in line with the third demand made in the campaign - that tenants are given a high priority for new homes when their current home poses a risk to their health. Yet residents have previously shown the M.E.N. letters from their GP urging them to move home which were unsuccessful.
The Department for Levelling Up, Housing and Communities (DLUHC) says it will be issuing new guidance on damp and mould in the summer, which will remind authorities of the need for priority allocation. Meanwhile, the Housing Health and Safety Rating System will be updated, with key references to damp and mould.
Landlords also have a duty to provide alternative settled accommodation with no less security of tenure, if it is not possible for a tenant to return to their home. Awaab's Law's fourth demand, for clear information provided to tenants on their rights, is also being written into the Social Housing Regulation Bill.
Further powers, announced yesterday, will bolster the Housing Ombudsman in ensuring landlords learn from past mistakes. The Ombudsman will be able to instruct landlords to measure their service against guidance on issues such as damp and mould, to help drive improvements following complaints from tenants.
The M.E.N. has also supported further demands to improve the Social Housing Regulation Bill made by Shelter on behalf of Grenfell United, the survivors and bereaved families following the 2017 tower block fire in London, which killed 72. Their demand for Ofsted-style inspections of housing associations has been met by an earlier amendment to the bill.
They also called for increased professionalisation in the social housing sector. Amendments secured on the Bill mean there will be a minimum standard of conduct and competence expected from staff in social housing, but the campaign groups want the Bill to go further by requiring professional qualifications for certain roles in the sector.
Polly Neate, chief executive of Shelter, said: “For too long, too many social housing tenants have been forced to live in dangerous conditions in homes riddled with mould, with their complaints going unheard and unanswered. Thanks to the campaigning by Awaab Ishak’s family, the inclusion of Awaab’s Law in the Social Housing Regulation Bill will ensure landlords deal with serious hazards in social homes in a timely manner.
"We're pleased Ministers have listened and included these vital amendments. They must now make good on promises to Grenfell United too.
"Nearly six years after the fire, the Bill has to include strong measures that require landlords to be qualified to do the job. To avoid another horrific tragedy, it's vital social landlords are held to account in professionally managing homes."
As the campaign for Awaab's Law moves forward, the M.E.N. will be urging all MPs to get behind the Social Housing Regulation Bill and the amendments made in Awaab's memory, before closely monitoring its implementation. Awaab's dad was left feeling a sense of relief yesterday that 'there will now be Awaab's Law'.
"We would like to express our thanks to Michael Gove and his team for listening to us and doing the right thing," Mr Abdullah said. "My wife and I still struggle to deal with the loss of our son, but we are finally starting to feel like we are being treated fairly.
"We hope that Awaab's Law will help stop any other family going through the pain we have gone through. We would not wish this pain on anybody."
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