Michael Gove says social housing tenants should get 'peace of mind' as Awaab's Law becomes a reality. The housing secretary met with Awaab Ishak's family in Rochdale today (February 9) to discuss plans to change the law in the toddler's memory.
Awaab died aged just two in December 2020 following prolonged exposure to mould. The Manchester Evening News has been calling for Awaab's Law over recent months, and now the government is amending a Bill in Parliament to meet much of the campaign's demands.
"I want to thank Awaab's family," Mr Gove told the M.E.N. "Nothing can make up for the loss of a child and their grief is unimaginable. But their bravery, their courage, has made a difference.
"As a result of their campaigning, and the M.E.N.' support for them, the law is changing. That means that tenants in social housing will have peace of mind if they are concerned about threats to their health or their family's health, that action will be taken.
"This government is absolutely committed to saying - if you are renting, if you're a social tenant or in the private rented sector, we are on your side in making sure that your home - which should always be warm, safe and decent - will be improved under this government."
An inquest into Awaab's death last November heard that a worker at social landlord Rochdale Boroughwide Housing (RBH) first told Awaab's father, Faisal Abdullah, to 'paint over' the mould at the property in autumn 2017. The family escalated their concerns in 2020 with a legal claim against the social landlord, and RBH accepted it should have intervened before Awaab's death.
Awaab's Law will set time limits for reports of damp and mould to be inspected and repaired in social properties, so families will not feel as helpless as Awaab's did before his death. "You can never be confident that you will avoid all tragedies in the future," Mr Gove said.
"But what we can say is that the law now will insist that tenants, when they are worried about a particular condition in their home, will be certain that there will be a time limit within which the landlord has to visit and a time limit within which they have to solve the problem. And if the landlord doesn't do that, they'll be in the courts and answerable for it.
"This should concentrate minds. Of course, the vast majority of landlords do a great job, but for those who are not, this is a notice to improve."
The campaign had called for damp and mould reports to be inspected within 14 days, with repairs carried out in seven days when a risk to health is identified. The law change put forward by government today - as an amendment to the Social Housing Regulation Bill going through Parliament - doesn't set specific timeframes yet.
A consultation will take place first, before the timeframes are confirmed in a secondary piece of legislation. Mr Gove believes the timeframes suggested in the Awaab's Law campaign are probably the right ones to use, however.
"We always want to hear from those that have to enforce and live up to those standards," he said. "But my assumption is that 14 and seven are the right timescales, so I'll need a lot of persuading - the government will need a lot of persuading - to move away from that.
"But whenever you introduce any new law or regulation, it's only right that there's a period of consultation, because you just want to make sure that it will operate effectively and do what is required." Mr Gove is hopeful that work should all be done this year.
He added: "I can't see that in the House of Commons or in the House of Lords that people will try to stop this happening. So it will all be a matter of months."
The Awaab's Law campaign also called for clear information on rights and how to complain to be provided to all tenants, and this will be included in the government's plans. The one demand which has not been met by amending the Social Housing Regulation Bill is for tenants who need to move home due to a health risk to be given priority for new housing.
It comes after the M.E.N. spoke to tenants on Awaab's estate last summer. Some said they had received letters from their GP urging them to move, but had been unsuccessful in securing a new home.
The Department for Levelling Up, Housing and Communities (DLUHC) says existing legislation means local authorities should already give tenants priority to move home when health hazards are identified, but new guidance will be issued to emphasise this. The Housing Health and Safety Rating System will also be updated, with key references to damp and mould.
It's understood lawyers supporting families whose damp and mould issues are not met within the new timescales would also be able to request temporary accommodation when their current homes are not safe. Mr Gove added: "We're making sure that councils know that they should prioritise people who do have health conditions and who do need housing as a result of that.
"There are other cases of course where people should be prioritised - if they're at the risk of domestic abuse or if there are other threats to their health and safety and security. Of course, the overwhelming majority of councils do the right thing, but your campaign will have reinforced awareness so that every council knows that it has to do the right thing - and of course the Regulator of Social Housing and the Local Government Ombudsman are there in the event that councils are failing."
At last month's Convention of the North in Manchester, the housing secretary announced £15m to improve social housing in Greater Manchester, plus a further £15m in the West Midlands. It's not yet known how the money will be spent, with discussions ongoing locally between DLUHC and Greater Manchester Combined Authority.
Mr Gove insists he is 'on the same team' as mayor Andy Burnham when it comes to 'helping' social housing tenants. "Part of the purpose of giving it to the mayors is that they will know in their own particular areas which communities, which estates, most need that work," he said.
A report in the Financial Times this week stated that Mr Gove's department had been ‘banned from making spending decisions on new capital projects without specific permission from the Treasury, after concerns were raised about the ministry’s ability to deliver value for money’. Speaking in the House of Commons today, Labour's shadow levelling up secretary Lisa Nandy asked it that move had been 'prompted by unauthorised spending commitments' made by Mr Gove at the Convention of the North.
Asked whether the £15m announced for Greater Manchester was a 'rogue' spending commitment, Mr Gove said: "No it's not considered a rogue spending commitment. The Treasury absolutely back the allocation of that money.
"The Treasury want to make sure that all government departments spend their money in the right way. But that money is safe, secure, will be spent on the front line and there will be future spending commitments that we will be making as well to help people - not just in the north west, but to make sure that we help people in social housing across the country."
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