Postal address: P.O. Box 23610, London E7 0XB Email: [email protected] www.romasupportgroup.org.uk Fax: 020 7511 0822

FORMAL CONSULTATION SOCIAL SECURITY ADVISORY COMMITTEE 30 May 2014 Formal consultation and a call for evidence: The Housing Benefit (Habitual Residence) Amendment Regulations 2014 The Roma Support Group (RSG) would like to offer the following views in relation to this call for evidence. The RSG has been a leading independent voluntary organisation working in London for over the last fifteen years to respond to the needs of both refugee and migrant Roma families from Central & East Europe. We run an advice service from our Newham office three days a week; we run an advice service from our base in Hammersmith & Fulham one day a week; and we provide an advocacy service for three days a week. We estimate that we provide a direct service to 850 Roma families throughout London. In addition, we provide an education support project for Roma children and young people (and their families and their schools) which provides direct support to over 100 children/young people every year. Finally, we work alongside statutory agencies, notably social services/children’s services, in supporting a small number of Roma families (and the statutory services) for “crisis support”. In response to the questions. We do think that the impact of the changes on new and longer established Roma families will be considerable. The two major issues that our clients have when attending advice and advocacy services are money and debt (mainly resulting from the loss of paid employment and in the subsequent administration of benefits); and housing (particularly in disputes with landlords/letting agencies about conditions of disrepair and regular increases in rent/NSP). The impact of this is particularly clear in the consequential mobility of many Roma families moving annually - if not every six months - as their tenancies are terminated. The impact is particularly acute for school age children having to move school or travel long distances to remain at their schools, with the disruption that this has on

Funded by

The Roma Support Group is a registered charity (Charity No. 1103782) and a company limited by guarantee registered in England and Wales, No. 4645981. Registered office address is: The Junction, 318 Barking Road, London, E13 8H

Postal address: P.O. Box 23610, London E7 0XB Email: [email protected] www.romasupportgroup.org.uk Fax: 020 7511 0822

their educational development, and their participation in all aspects of a school’s curriculum (including after school provision and clubs etc). We are very concerned that the removal of housing benefit will lead to more Roma families supporting other relatives/families denied housing benefit (and therefore unable to live in their own tenancies). This will lead to overcrowding and the obvious associated pressures. This will primarily affect all those living in the tenancies, but particularly on the children and anyone with disabilities. There will also be a pressure on surrounding properties and neighbours. Alternatively, there might be an increased readiness for young people and adults to take on any form of external employment, particularly in un-regulated and potentially hazardous sectors of the labour market. Many of our clients already work in a range of agency settings where there is little or no regulation (e.g. hours worked and health and safety); and we are also witnessing a growth in self employment patterns. We do not think that the removal of housing benefit for ‘new’ (newly arrived applicants, or applicants who have been resident for some time) applicants from 1 st April 2014 will have any impact on likelihood of Roma families coming to the UK. We have no evidence at all that Roma families come to the UK to not work. We believe that the critical factors that influence migration decisions of Roma families in CEE countries is (a) the deteriorating climate of social and economic exclusion against Roma in CEE countries, and (b) the belief that migration opens up possibilities for families who want to exercise their EU treaty rights as workers to seek employment; and for their families – particularly their children - to enjoy the opportunities that the UK provides with its history of struggling to achieve a more cohesive and inclusive society. We do not under-estimate the difficulties that Roma jobseekers face, given their low self-assessment of their own skills and abilities, the frequent lack of formal vocational and educational qualifications and the linguistic difficulties re acquisition of a fluency and literacy in English. Many of our clients have been seeking work for much longer than six months.

Funded by

The Roma Support Group is a registered charity (Charity No. 1103782) and a company limited by guarantee registered in England and Wales, No. 4645981. Registered office address is: The Junction, 318 Barking Road, London, E13 8H

Postal address: P.O. Box 23610, London E7 0XB Email: [email protected] www.romasupportgroup.org.uk Fax: 020 7511 0822

Nevertheless, we counterpoise the following attributes that many Roma families and communities have succeeded in:  A necessary entrepreneurial culture  A close understanding of the immediate labour market, and the opportunities for casual and seasonal opportunities within the wider labour market  An extensive command of a standard of fluency in a range of languages e.g. Romanes; Slovak; Czech and English; or Romanes, Romanian and Spanish (for ‘A2’ migrants who have moved to the UK via other Southern European countries) Our work with Roma families indicates that the changes proposed to the definition of ‘retained worker status’ (and hence, eligibility for housing benefit) is likely to be profound. We have evidence of clients trying to work at least 30 hours plus a week (e.g. self employed as cleaners), but due to insufficient and variable hours, and with ‘informal’ pay rates, being unable to earn more than £150 per week. On a related point, we have an increasing number of clients who have difficulties satisfying the DWP with information in support of a claim for habitual residence. We have had a woman recently who spent four months providing information in the form of the household income (i.e. husband’s wage over the last seven years) and letters from school re. her three school age children. However, when a DWP advisor on their helpline responded to the advocacy we put forward, they were able to confirm the family’s status by accessing their NI contributions using their own DWP date. There is also a constant dilemma for our client families about the absence of a physical confirmation of confirmed habitual residence status. The difference between the majority of our (Roma) clients and other EU migrants is that they don't have savings and, due to low-paid jobs, are unable to accumulate any. (This is partly the result of sociological differences – Roma migration is predominantly a family migration). So, if things go wrong, people will fall behind with their rent and potentially become homeless. Clients are told already that local councils have duty of care to the children - not the adults. Also, even if clients manage to prove they are not intentionally homeless/are in a priority need, they are currently offered tenancies outside of London, far away from their informal/family support network. Some of them hesitate to take this option, which means that the

Funded by

The Roma Support Group is a registered charity (Charity No. 1103782) and a company limited by guarantee registered in England and Wales, No. 4645981. Registered office address is: The Junction, 318 Barking Road, London, E13 8H

Postal address: P.O. Box 23610, London E7 0XB Email: [email protected] www.romasupportgroup.org.uk Fax: 020 7511 0822

council has fulfilled their duty and families are left to their own devices. Due to a high level of social solidarity, they then invariably stay with their extended family, leading to overcrowding and potential breach of tenancy agreements. There is some concern that landlords/letting agents might alter practices towards Roma prospective tenants, knowing their options are limited by the combination of these policies; this might for example, lead to an increase of deposits requested etc, and to a further decreased level of ‘property management and maintenance’. Contrariwise, we are also seeing the consequences of landlords/letting agents being unwilling to offer tenancies to families without work. When the consequences of the denial of housing benefits to EU migrants receiving IBJSA become more widely known, we fear that this will further increase resistance to providing accommodation. Case study: Romanian Roma family who are homeless and are staying in one room of a friend’s privately rented house. They consist of mum, dad, a 13 year old and a 7 year old. The 7 year old has cerebral palsy and is in a wheelchair and also with very limited speech. Initial contact before Jan 2014 and advised that as the dad was out of work and they were A2 nationals they were not eligible for homelessness assistance. Dad has now been working for approx 4 or 5 months and would like to try and seek help. A letter drafted by RSG outlining their entitlement; they were told to wait for housing to visit them at their current property. They waited over a month despite being aware they would be street homeless imminently and they had a child with ‘child in need’ status. They were seen and advised that the council would process their homelessness application but if the council accept a duty, they will be sent to Birmingham and therefore they would still be better off saving for their own accommodation. The housing officer told RSG to apply for other benefits they are entitled so as to improve their income. We explained that as they are homeless and cannot use the address of where they are staying, we are unable to make a claim for benefits.... Options. If they are housed in Birmingham, they will move and dad will lose his job. He can now claim JSA (since Jan 2014 and because he has been here over 3 months) BUT he will not be entitled to housing benefit. The result is that they will fall into rent arrears and be made homeless again. This time rent arrears will be classed as intentional homelessness and the council will

Funded by

The Roma Support Group is a registered charity (Charity No. 1103782) and a company limited by guarantee registered in England and Wales, No. 4645981. Registered office address is: The Junction, 318 Barking Road, London, E13 8H

Postal address: P.O. Box 23610, London E7 0XB Email: [email protected] www.romasupportgroup.org.uk Fax: 020 7511 0822

not this time owe a duty to rehouse them. It might be that should the council rehouse them in Birmingham, mum and the two kids would have to relocate and dad would have to find a way to stay in London for his job until he can find work in Birmingham.... Either way, a family with a child with cerebral palsy is faced with a terrible dilemma. When Roma families become homeless and are not eligible for assistance, and councils offer temporary care to the children, all families refuse this option. Within Roma communities and culture, the children are given a prime place within the family, and the wider family structure too. The recent and continuing practice in some CEE countries of ‘care’ agencies removing Roma children from their families is very much alive. Despite the obvious resource arguments about funding children in care, compared to assisting the whole family, the response from local councils seems to depend on which budget is able to be accessed. On the whole, children’s services budgets (to support children in care) would be much more resource intensive than, for example, a housing budget; but housing budgets of local authorities are under severe pressure, whilst children’s services budgets in local councils – although stretched – are usually the best protected. So decisions are being made not in the interests of the children (or family), but according to the resource pressures within a particular local authority; and with little emphasis on central government departments. Roma families and adults are prepared for some difficulties. They have faced difficulties, particularly in the last twenty years and labour market de-regulation and welfare changes in the CEE countries. The scale of discontent is tacitly accepted for example by the UK government’s Foreign & Commonwealth Office in their structured attempts to increase the inclusion of Roma communities in CEE countries. See for example, the work of the UK embassy in Bucharest1. Baroness Warsi (Minister for Faith & Communities) also made the same point in her speech in the House of Lords, 2 April 2014: The UK is making a real difference to Roma communities across the EU. My department plays an active part in the EU’s network of Roma contact points and currently chairs the Council of Europe’s committee of experts on the Roma community. The Council of Europe working group has heard from a 1

https://www.gov.uk/government/world-location-news/international-roma-day-celebrated-inromania

Funded by

The Roma Support Group is a registered charity (Charity No. 1103782) and a company limited by guarantee registered in England and Wales, No. 4645981. Registered office address is: The Junction, 318 Barking Road, London, E13 8H

Postal address: P.O. Box 23610, London E7 0XB Email: [email protected] www.romasupportgroup.org.uk Fax: 020 7511 0822

number of British participants, particularly on tackling anti-Roma hate crime in Hungary and promoting inclusive education for Roma in the Czech Republic and Slovakia. We are keen to encourage countries with large and disadvantaged Roma populations to integrate their Roma citizens effectively. Baroness Warsi as the government minister replied to the recent debate about Roma in the UK (referred to above, House of Lords, 2 April 2014)2. Baroness Warsi said: The Government share the deep concern of the noble Baroness and other noble Lords about the situation of Roma in many parts of Europe. We deplore the fact that in many European states Roma live in deep poverty and are routinely subject to discrimination and racism. I agree with the noble Baroness, Lady Thornton, that there is a difference between what we see in some countries on mainland Europe and here in the UK. Despite our positive record, though, I agree that we could do more.... With a significant number of Roma living in the UK, the better treatment of the Roma people must therefore start on our own doorstep..... Baroness Warsi concluded by saying, I hope that noble Lords will be left today with the clear impression that, at home and abroad, we are working to improve the lives of Roma. I reassure all noble Lords that the persecution of minority communities is not, and will not be, tolerated by this Government. That includes the continued marginalisation and exclusion of Roma people. We want to see Roma families enjoy the same education and healthcare opportunities that are afforded to all European citizens, particularly those within our own British communities. Baroness Warsi’s words are, in our view, compromised by this propose change. Legislation like the amendment to exclude EU migrants’ access to housing benefits also has impacts according to nationality and ethnicity. Roma are the largest transnational minority within the EU, and suffer high degrees of exclusion and discrimination as Baroness Warsi makes clear. It is RSG’s belief that the impact of this legislative change on Roma will be particularly harsh. To exercise treaty rights as workers, it is entirely correct that when in need (e.g. through unemployment), there 2

http://www.theyworkforyou.com/lords/?id=2014-04-02a.976.0&s=speaker%3A12957#g976.1

Funded by

The Roma Support Group is a registered charity (Charity No. 1103782) and a company limited by guarantee registered in England and Wales, No. 4645981. Registered office address is: The Junction, 318 Barking Road, London, E13 8H

Postal address: P.O. Box 23610, London E7 0XB Email: [email protected] www.romasupportgroup.org.uk Fax: 020 7511 0822

should be access to support for housing costs to be met. Roma migration in contrast to much EU migration, involves the movement of families; the family is a central and critically important institution within Roma culture. In the teeth of adversity, it is often only the closeness of the family unit that enables survival. It is more likely that Roma families – including children - will face considerable hardship. It is more likely due to the pre-existing inequality in formal and vocational skills that Roma adults might experience unemployment more frequently than other EU migrants, and therefore be more likely to be penalised for the removal of access to housing benefits. Lastly, there is some evidence that landlords and letting agents might be less willing to allow Roma tenancies in the future in the belief that they might fall into arrears without access the previous access to housing benefits. Andy Shallice (Policy and information worker) Laura Greason (Education support worker) Alexandra Staskova (Advocacy project co-ordinator)

Funded by

The Roma Support Group is a registered charity (Charity No. 1103782) and a company limited by guarantee registered in England and Wales, No. 4645981. Registered office address is: The Junction, 318 Barking Road, London, E13 8H