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Public sector equality duty: Equality analysis for Awaab’s Law

Published 9 January 2024

Applies to England

Section 1

1.1. Policy/Service

Background

In November 2022 the Senior Coroner for Manchester North ruled that two-year-old Awaab Ishak died due to damp and mould in his social home.  The coroner found that action to treat and prevent the mould was not taken despite the landlord (Rochdale Boroughwide Housing) being made aware of the presence of the mould initially in 2017, before Awaab was born and 3 years before his death. RBH confirmed the presence of mould in the property in 2020 after an inspection. The coroner found evidence that the mould remained a continuing and recurring issue while the family lived in the property, despite a health visitor explaining their concerns about the potential impact of the mould on Awaab’s health in July 2020. By the time Awaab died, no action had been taken by the landlord to treat the mould, which was significant and present in all the rooms in the flat.

Following this tragedy, Awaab’s family, with the support of Shelter and Manchester Evening News campaigned for ‘Awaab’s Law’, which included recommendations that landlords be required to investigate complaints of damp and mould within 14 days and to begin works to repair a property within 7 days if a medical professional believes there is a risk to health. The Secretary of State backed these proposals, and the department has been working through the best way to implement Awaab’s Law as soon as possible. 

The Social Housing (Regulation) Act 2023 has introduced Awaab’s Law (clause 42 Social housing leases: remedying hazards). The clause requires the Secretary of State for Levelling Up, Housing and Communities to set legally binding time limits for investigation and repairs of hazards through secondary legislation (and created the powers to do so). Government has committed to consult on these time limits within six months of Royal Assent of the Act, by the end of January 2024. The clause specifies that the Secretary of State must make regulations. Not proceeding with the preferred option would mean the Secretary of State could be subject to judicial review for not making regulations. 

Policy objectives

The overall objective of this policy is to ensure that social landlords respond quickly to reports of hazards in their homes and keep residents protected from poor health or safety outcomes associated with the conditions of their homes.  We also anticipate improved communication between landlords and residents, with landlords being required to provide information to residents on the outcome of any investigations and any planned repair works, and to update residents if they experience any delays to the repairs schedule.

The intended outcomes of intervention are improved health and safety for social housing residents and improved relationships between social landlords and tenants, as a result of improved repairs services and higher levels of tenant satisfaction.

Proposals

Proposal 1. If a landlord is made aware of a potential hazard in a social home, they must investigate within 14 calendar days to ascertain if there is a hazard.

Proposal 2. Within 14 calendar days of being made aware that there is a potential hazard in a social home, the registered provider must provide a written summary of findings to the resident that includes details of any hazard identified and (if applicable) next steps, including an anticipated timeline for repair and a schedule of works.  

Proposal 3. If the investigation indicates that a reported hazard poses a significant risk to the health or safety of the resident, the registered providers must begin repair works within 7 calendar days of the written summary being issued.

Proposal 4. The registered provider must satisfactorily complete repair works within a reasonable time period. The resident should be informed of this time period and their needs should be considered.

Proposal 5. The registered provider must action emergency repairs as soon as practicable and, in any event, within 24 hours.

Proposal 6. In the event that the investigation finds a hazard that poses a significant, or significant and imminent, risk of harm or danger, and the property cannot be made safe within the specified timescales for Awaab’s Law, the registered provider must offer to arrange for the occupant(s) to stay in suitable alternative accommodation until it is safe to return.

Proposal 7. The registered provider will be expected to keep clear records of all attempts to comply with the proposals, including records of all correspondence with the resident(s) and any contractors. If the registered provider makes all reasonable attempts to comply with the timescales but is unable to for reasons genuinely beyond their control, they will be expected to provide a record of the reasons that prevented them from doing so.  

Section 2

2.1. Summary of the evidence considered in demonstrating due regard to PSED

Background

Data has been used from the English Housing Survey 2021-22 to reflect the current representation of people with protected characteristics (i.e. disability, age, race and sex) in social housing in England. 

The Department for Levelling up, Housing and Communities does not collect data on the remaining protected characteristics, namely:

• gender reassignment
• pregnancy and maternity
• religion or belief
• sexual orientation; and
• marriage and civil partnership

Overview

The 2021-22 English Housing Survey shows that, of the estimated 24.2 million households in England, 4 million households are in the social rented sector (17%). In 2021-22, more households (10% or 2.5 million) rented from housing associations, and fewer (6% or 1.6 million) from local authorities. This compares to 4.6 million (19%) private renters and 15.6 million (64%) owner occupiers.

Social renting is more common in some areas of the country - particularly London where 22% of inhabitants are social renters, compared to 16% across the rest of England.

Current distribution of protected characteristic: disability

Over half (54%) of households in the social rented sector had one or more household members with a long-term illness or disability. This proportion is significantly higher than the private rental sector and owner-occupied households, which across both categories represent 30% of households.

Current distribution of protected characteristic: age

The most prevalent group in the social rented sector were households with a HRP (Household Reference Person) aged 65 or over (28%). 25-34 year olds constituted 14% of social rented households, 16% were aged 35-44, 20% were aged 45-54 and 19% aged 55-64. In 2021-22, 63% of outright owner households had a HRP aged 65 or over, while 60% of households with a mortgage had a HRP aged 35-54. About two thirds (65%) of households in the private rented sector had a HRP aged under 45 years.

Current distribution of protected characteristic: race

In 2021-2022, the English Housing Survey shows that the majority of households in the social rented sector had a white HRP (81%). Households with an ethnic minority HRP were more prevalent among social renters (19%) than owner occupiers.

Local authority tenants (23%) were more likely to have an ethnic minority HRP than Housing Association tenants (17%). Social renters (9%) are more likely to have a Black HRP than private renters (6%

Current distribution of protected characteristic: sex

In 2021-2022, social renters were more likely to have a female HRP (57%) than a male HRP (43%). Over half of all HRPs in private rented households were male (58%). This was similar among owner occupiers (61% male)

Current distribution of protected characteristic: sexual orientation

Most private renters (93%) identified as heterosexual. Though, people who identified as LGBT were more likely to rent privately (7%) than to be social renters (3%) or owner occupiers (3%)

Key findings

The implications of the available demographic data on social renters are that any policy affecting the social rented sector is likely to have a greater than average impact (whether positive or negative) on women, people with disabilities and people from ethnic minority backgrounds, because these groups are all more likely to live in the social rented sector. Any policy affecting the social rented sector is likely to have a greater than average impact on older people compared to the private rented sector, where they are less likely to live – however, the disproportionate impact on older people is not applicable in comparison to the owner-occupied sector, as there are greater numbers of people aged over 65 living there compared to the social rented sector.

2.2. Assess the impact

We have considered the impact, including any differential impacts on people with protected characteristics, arising from each policy proposal to be of a net benefit to all social housing tenants.

Hazards and Protected Characteristics: the Impact of Awaab’s Law

Awaab’s Law will require social landlords to investigate and repair hazards in the home within fixed time frames, and to provide suitable alternative temporary accommodation to tenants where their home cannot be made safe. As such, the main impact will be faster remediation of hazards in the home and fewer social housing tenants being forced to live in hazardous conditions.

Research has shown that certain demographic groups, such as children and young people, the elderly and people with pre-existing illnesses are at a greater risk of ill health associated with hazards in the home. Research has also shown that certain demographic groups are disproportionately more likely to live in homes containing category 1 hazards, including households with a lone parent, low-income households, and households from minority ethnic backgrounds.^{[footnote 1]}

Social renters with an ethnic minority HRP are more prevalent among social renters, rather than private renters and owner occupiers. Over half (54%) of social rented households had a household member with a long-term illness or disability. Among social renters with a long-term illness or disability, the most common disabilities were mobility issues (54% of social renters with a disability). Individuals with reduced mobility are more likely to be impacted by hazards associated with falls within the home. Social renters tended to have a lower income than owners or private renters. Almost half (47%) of social renters were in the lowest income quintile, the equivalent of 1.9 million households. Social renters were more likely to be in the lowest income quintile than private renters (20%) and owners (13%).

Therefore, social renters are disproportionately likely to be from an ethnic minority background, have a long-term illness or disability, be economically inactive and from a lower income background. As research has shown that category 1 hazards disproportionately impact individuals from these groups, we anticipate that Awaab’s Law will have a positive impact on addressing this disproportionate impact, by mitigating these hazards.

2.3. Summary of the analysis

The demographic data available on social renters indicates that any policy affecting the social rented sector as a whole is likely to have a particular impact (whether positive or negative) on women, older people, people with disabilities and people of ethnic minorities, because these groups are all disproportionately likely to live in the social rented sector. All of the proposals within Awaab’s Law are expected to have a net positive beneficial impact on social housing tenants, and as such will have a disproportionately positive impact on groups from protected characteristics which are disproportionately represented in social housing in general. 

There is no evidence to suggest that the proposed changes would have a substantial adverse equality impact on any of the protected groups. This includes the protected groups for which data is not collected by the Department (i.e. gender reassignment, pregnancy and maternity, religion or belief, sexual orientation, marriage/civil partnership). This is because these individuals living in social housing will be expected to be treated as any other tenants of social landlords, and as such we would not anticipate our policies would discriminate against or disadvantage them.

We have also considered the impact on members of the Gypsy, Roma and Traveller communities who live in settled housing and who are tenants of social landlords. As with those with protected characteristics, they will be expected to be treated as any other tenants of those landlords, and therefore we expect that the policies proposed would not discriminate against them.

We recommend these proposals on the basis that they appear to have no disproportionate negative impact on equality. We have considered appropriately the need to advance equality and foster good relations.

Section 3

3.1. Decision making

The proposals within Awaab’s Law are expected to have a favourable direct or indirect impact on social housing tenant groups with protected characteristics, as well as for tenants without protected characteristics.

Given the demographics of social housing, the positive benefits of the proposals which will provide benefits for all residents of social housing, will affect protected groups to a greater than average extent (particularly women, people with disabilities and people from ethnic minority backgrounds), because they represent higher than average numbers in the social rented sector.

We recommend proceeding with the proposals in Awaab’s Law (‘proceed as planned with the policy or service’) on the basis that they will not have a disproportionate negative impact on equality. We have considered appropriately the need to advance equality and foster good relations.

3.2. Monitoring arrangements

We will keep the impact of these proposals under review as Awaab’s Law is introduced through secondary legislation.

3.3. Sign-off by the decision-maker

Name: Ruhena Ahmed

Job Title: Deputy Director, Social Housing Quality and Residents

Date: January 2024

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1. Health inequalities: Cold or damp homes - House of Commons Library. ↩