The Housing and Planning Act 2016: Rewarding the Aspiration of Homeownership?

In May 2016 the Housing and Planning Act 2016 became law, the first purely Conservative government intervention on housing in England since the 1990s. This article examines the Act's key provisions pertaining to social housing and the government's stated aim of increasing rates of homeownership. The Act, through the Starter Homes Scheme, extension of the right to buy to housing association tenants and changes to security of tenure in the social sector, has been heralded as a ‘landmark’ piece of legislation. This article scrutinises these policy measures and assesses their effectiveness and likely impact. It is contended that the Act exposes the government's promotion of homeownership above all other housing tenures. The article further explores the deep moralisation at the heart of the homeownership narrative and the intensification in the residualisation of social housing in England which, it is argued, is the inevitable consequence of the reforms.     

Reducing Homelessness or Re‐ordering the Deckchairs?

The Homelessness Reduction Act 2017 has come into force trumpeting nothing less than the need for a ‘culture change’ among local housing authorities implementing it. Although it aims to reduce homelessness, it is more likely to hide long‐term systemic issues in the housing system. It is argued that the 2017 Act's significant alterations are likely to result in a re‐ordering of the deckchairs on the Titanic of housing policy. Following a biography and critique of the homelessness legislation as being out of time and place, as well as a discussion of the 2017 Act itself, three central points are made: the 2017 Act has ushered in a form of neo‐liberal government of the homeless; the understanding of the household seeking assistance has fundamentally altered, from passive applicant to active citizen; the private rented market provides the sole mechanism for performing the duties but remains problematic.     

The Localism Act 2011: The Hollow Housing Law Revolution

In November 2011, the Localism Act was passed and, on one view, reflects the widest‐ranging reforms to housing law for over a half century. Ambitious in its stated aims, the legislation was trailed as representing a broad shift in power from central Whitehall to local communities and individuals. The article critically examines the central changes introduced by the 2011 Act as they pertain specifically to housing law in England, namely the new flexible tenancy regime, the changes to homelessness duties under Part VII of the Housing Act 1996 and the reforms concerning the allocation of social housing. The article interrogates the extent to which the reforms realise the stated localist agenda and highlights areas of difficulty in interpretation and application. It concludes that rather than bestowing greater power on local communities, the reforms to housing law will instead effect a perceptible reduction of power in the hands of local people.     

The Exclusion of (Failed) Asylum Seekers from Housing and Home: Towards an Oppositional Discourse

‘Housing’– the practical provision of a roof over one's head – is experienced by users as ‘home’– broadly described as housing plus the experiential elements of dwelling. Conversely, being without housing, commonly described as ‘homelessness’, is experienced not only as an absence of shelter but in the philosophical sense of ‘ontological homelessness’ and alienation from the conditions for well‐being. For asylum seekers, these experiences are deliberately and explicitly excluded from official law and policy discourses. This article demonstrates how law and policy is propelled by an ‘official discourse’ based on the denial of housing and the avoidance of ‘home’ attachments, which effectively keeps the asylum seeker in a state of ontological homelessness and alienation. We reflect on this exclusion and consider how a new ‘oppositional discourse’ of housing and home – taking these considerations into account – might impact on the balancing exercise inherent to laws and policies concerning asylum seekers.     

Local Authorities and the Accountability Gap in a Fragmenting Schools System

Reforms to the English education system under the UK's coalition government are building on the so‐called ‘schools revolution’ that previous Labour governments began through legislation increasing both schools' autonomy from local authorities and the system's diversity. Growing numbers of state‐funded schools have converted to academies outside local authority control, particularly since the Academies Act 2010, while opportunities have emerged for ‘free schools’ to be established by various interest groups. The right to establish a school has normative human rights underpinnings, yet the government's policy as a whole is particularly controversial due to the increased risk of social division, instability of local schooling arrangements and significantly reduced local democratic accountability for state funded education. This article questions whether, against a background of three decades of centralising educational reform and a concomitant decline in the role of local (education) authorities, the local public interest in education is being adequately safeguarded.     

Legal Rights and Political Realities: Governmental Responses to Homelessness in Britain

This article presents a "contextual" study of Britain's Housing (Homeless Persons) Act 1977. The article addresses the ostensibly perplexing policy question of why Britain's homeless population has almost trebled in the H years since the homelessness legislation was introduced. The answer is found by subjecting the legislation to a very wide-ranging contextualization process. Rather than simply focusing on the administrative arena in which the act is implemented, the article seeks explanations for its apparent ineffkacy in ideological considerations preceding its enactment, in the legislative process itself, in the (im)precise wording of the emergent statute, and in subsequent government policies in various relevant constitutional and social policy areas. The article concludes that a thorough understanding of the impact of this particular law requires it to be located in a series of interrelated contexts, a conclusion that might plausibly be extended to all studies of "law in society."     

Housing instability is as strong a predictor of poor health outcomes as level of danger in an abusive relationship: findings from the SHARE Study

Advocates, clinicians, policy makers, and survivors frequently cite intimate partner violence (IPV) as an immediate cause of or precursor to housing problems. Research has indicated an association between homelessness and IPV, yet few studies examine IPV and housing instability. Housing instability differs from homelessness, in that someone experiencing housing instability may currently have a place to live but faces difficulties with maintaining the residence. We present baseline findings from a longitudinal cohort study of 278 female IPV survivors with housing as a primary concern. Our analysis indicates the greater the number of housing instability risk factors (e.g., eviction notice, problems with landlord, moving multiple times), the more likely the abused woman reported symptoms consistent with PTSD (p < .001), depression (p < .001), reduced quality of life (p < .001), increased work/school absence (OR = 1.28, p < .004), and increased hospital/emergency department use (OR = 1.22, p < .001). These outcomes persist even when controlling for the level of danger in the abusive relationship and for survivors' drug and alcohol use. Importantly, both housing instability and danger level had stronger associations with negative health outcomes than other factors such as age, alcohol, and drug use; both make unique contributions to negative health outcomes and could contribute in different ways. Housing instability is an important and understudied social determinant of health for IPV survivors. These findings begin to address the literature gap on the relationship between housing instability, IPV, and survivors' health, employment, and utilization of medical care services.     

Justice or Welfare? Nordic Women's Shelters and Children's Rights Organizations on Children Exposed to Violence

Efforts to promote the protection of, and support to, abused women have opened up new understandings concerning children who see, hear, or in other ways are exposed to men's violence against women and its consequences. On the basis of a redefinition of children exposed to violence into children subjected to violence, some important policy changes have recently been made in the Nordic countries as regards children's status as crime victims. To enable a better understanding of the context of such changes in policy, this article explores the extent to which Nordic women's shelter/crisis centre organizations and children's rights organizations draw upon a justice discourse in relation to the issue of children exposed to violence. The analysis is based upon a study of 10 organizations working at a national level in Denmark, Finland, Norway, and Sweden.     

Interpreting Statutory Purpose – Lessons from Yemshaw v Hounslow London Borough Council

Yemshaw v Hounslow LBC is a significant case in the fields of housing and family law, as well as giving rise to important issues as to the judicial role and statutory interpretation more broadly. This note critically analyses the reasoning of the Supreme Court in Yemshaw, in which the principal issue was whether the definition of ‘violence’ for the purposes of the Housing Act 1996 extended to non‐physical as well as physical forms of harm. In rejecting the view of the Court of Appeal, the Supreme Court adopted a wider definition of violence to encompass emotional and psychological as well as financial abuse. This commentary adopts a fresh stance by examining closely the context surrounding the enactment of the Housing Act 1996 and how this informs the question of statutory interpretation. In so doing, the author suggests that the interpretation employed by the court is significantly undermined.     

社会性别主流化理念与我国反家暴立法

社会性别主流化是联合国推动性别平等、性别公正的主要战略,强调国家立法和政府决策应遵循社会性别平等理念;社会性别主流化追求"性别平等"是对传统"男女平等"的提升,是男女平等的实现保障;社会性别主流化理念在我国反家暴立法中已有初步尝试,并面临诸多障碍;应继续坚持社会性别主流化理念,立足社会性别平等立场,检视现行反家暴法律规范,正视女性的弱势地位,推动我国反家暴立法进程。     

The Hard Sell: Promoting Human Rights

The Human Rights Act 1998 is one of the most important constitutional reforms to have been implemented by the New Labour administration in Britain. In addition to incorporating the European Convention on Human Rights into domestic law, its main ambition is the creation of a human rights culture. However, while citizens appear to have very little understanding of what the legislation entails, there is a strong tide of negative media publicity which depicts the Human Rights Act as a ‘villains’ charter’. It has been suggested that the government should do more to promote human rights. This paper reflects on how this may be achieved. An important strategy for creating a positive public awareness of human rights involves eradicating myths which have been allowed to flourish in sections of the British press. However, drawing on the work of Roland Barthes, this paper argues that this may be an unattainable goal. Human rights are empty signifiers which invite mythical appropriation. Both proponents and detractors of human rights legislation mobilise this capacity for mythmaking in their rhetoric.     

NEW PROBLEMS IN CHINA’S HOUSING LEGISLATION AND ITS SOLUTIONS

Since China’s reform and opening up in 1978, the housing system in China had undergone two major reforms; currently, the third major reform (also called the second housing revolution) has started. This article analyzes the historical course of the reforms, investigates the gains and losses of the reforms, seeks the directions for deepening the reform of housing system, and in turn, establishes the patterns of housing construction and consumption in accordance with Chinese actual conditions. The report of the 17th National People’s Congress pointed out that “housing guarantee” is a heavy task “to ensure and improve people’s living standard, to promote social equity and justice, and to build a harmonious society.” The Real Right Law of China plays a positive role to protect housing rights, but it only gives limited protection of housing right. Meanwhile, the Real Right Law itself introduces new problems to the housing security. In order to protect housing rights and achieve the objective of “housing guarantee,” China needs to further improve the housing system and advance the housing legislation. The main approaches in this article include: (a) carrying out the “three-three housing policies,” there are basically three types of housing systems, three means of land provision, and three teams involved; (b) employing the bidding method of “four decisions and two biddings” for land supply, it means that the government should take the responsibility to decide land prices, construction standards, tax rates and profit rate; and the bidder is determined by scoring each of the bidders as for his house price bidding and building program bidding; (c) establishing the system of habitation right in China’s Housing Law and maximizing its function of social security; and (d) further improving relevant regulations in the proposed housing act or housing security law and paying attention to the establishment and implementation of supporting measures.     

Silencing Women's Voices: Nuisance Property Laws and Battered Women

There is little documentation about how nuisance property laws, which fine people for excessive 911 calls, affect victims of domestic violence. In St. Louis, we found that police and prosecutors believe that the law benefits victims of domestic violence by providing them with additional services. By contrast, advocates for domestic violence victims believe that the law undermines battered women's access to housing and discourages them from calling 911. Using qualitative data, we analyze how the organizational structures and dynamics within which each group works give rise to different stocks of working knowledge. We conclude that law enforcement officials are unaware of these harms because women's voices and experiences are marginalized during the enforcement process. This research reveals mechanisms through which law enforcement policies reinforce gender inequality, and illustrates some ways in which gender relations and power come into play in what, on their surface, appear to be gender‐neutral laws.     

The curious case of Housing First: the limits of evidence based policy

Evidence Based Policy has been articulated and practiced in Europe, particularly under the ‘New Labour’ policies of the former Labour government in the United Kingdom. In the United States, the impact of research on policy has been inconsistent due to differing relationships between researchers and policy makers. This paper gives an overview of evidence based policy and presents critiques based on its reliance on positivist methods and technical approach to policy making. Using these critiques as a framework, the paper discusses the case of Housing First, a policy adopted by the Bush Administration in order to address the problem of chronic homelessness. The case is an example of research driven policy making but also resulted in a progressive policy being promoted by a conservative administration. In discussing the case, the paper elaborates on the relationship between evidence and policy, arguing that evidence based policy fails to integrate evidence and values into policy deliberations. The paper concludes with alternative models of policy decision making and their implications for research.     

Bridging the Gender Gap In Bill Sponsorship

Under what circumstances do men sponsor issues that are traditionally regarded as salient primarily to women? By examining the sponsorship of legislation in the upper and lower chambers of 15 state legislatures in 2001, we explored the conditions under which men are likely to focus attention on policy areas involving women's issues and children's issues. We found little effect of institutional context (such as party control of the legislature or diversity within the legislature) on the sponsorship behavior of either men or women. Personal characteristics such as race, education, age, and family circumstances are associated with sponsorship by men, but not by women. Committee service is also strongly associated with sponsorship behavior, particularly for men. Differences in sponsorship are relatively marked in the sponsorship of legislation that focuses on reproduction or other health issues particularly relevant to women. We conclude that the boundaries of the set of issues traditionally defined as “women's issues” may be changing over time and that it is important to recognize that the influences on the sponsorship of women's issues can be different for men than they are for women.     

Police Response to Intimate Partner Violence in Canada: Do Victim Characteristics Matter?

This study examines the role of sociodemographic factors and violence characteristics in influencing women's reporting behaviors and types of police intervention received in response to intimate partner violence (IPV) in Canada. A subset of female respondents to Canada's 1999 General Social Survey who experienced physical or sexual IPV by a male perpetrator and who had contact with the police as a result of the violence was used for this analysis (n = 383). Findings suggest significant racial, economic, and social variations in women's motivation for self-reporting violence to the police as well as in the types of law enforcement interventions administered by police in response to reports of IPV. Implications for policy development are examined.     

Negotiating Citizenship on the Frontlines: How the Devolution of Canadian Immigration Policy Shapes Service Delivery to Women Fleeing Abuse

This article examines how nongovernmental service providers navigate devolutionary trends in Canada, in both immigration control and integration policy, when responding to migrants who come to them for help and support. Drawing upon conceptualizations of citizenship as a “negotiated relationship” ( Stasiulis and Bakan 2003 ), I explore how social service providers, who work amidst a complex interplay of federal, provincial, and local policies, can influence both who is deemed worthy of social membership and what rights an individual can successfully claim from the state. Empirically, this article focuses on observation of community meetings and conversational interviews with service providers in violence against women shelters in Toronto, Ontario, Canada's most populous and diverse city. While service providers navigate different levels of government to advocate for women's rights to seek safety from abuse, I argue that both individual service providers and the organizations in which they work monitor and constrain the degree to which they openly challenge state authority to restrict immigrants' “right to have rights” ( Arendt 1951 [1979] , 296).     

Improving Housing Conditions in the Private and Social Rented Sectors: The Homes (Fit for Human Habitation) Act 2018 ‐ Fit for Habitation but Fit for Purpose?

The Homes (Fit for Human Habitation) Act 2018 became law in December 2018 and entered into force on 20 March 2019. This article examines the key provisions of this significant piece of housing legislation which has the potential to transform the lives of those renting homes in both the private and social sectors in England. The 2018 Act, through amendment to the Landlord and Tenant Act 1985, introduces a new obligation on landlords to ensure their residential properties are fit for human habitation and, for the first time in this jurisdiction, endows tenants with new civil rights to directly enforce this implied covenant against failing landlords. This article identifies the key deficiencies within the current legal framework around fitness for human habitation and explores how far the 2018 Act meets these challenges; set against the febrile backdrop of an acute housing crisis and the Grenfell Tower tragedy.     

Women's Substantive Representation: Defending Feminist Interests or Women's Electoral Preferences?

To what extent does the inclusion of marginalised groups in policymaking institutions influence policy outcomes? This article examines whether and under which conditions female legislators are more likely to represent women's interests compared with male legislators. Building on the literature on women's substantive representation, it is argued that the advocacy of women's interests by female representatives depends on a number of factors, namely party affiliation, contact with women's organisations, electoral district, and seniority. This argument is evaluated using vote-level fixed-effect models based on a unique data set from a direct democratic context that combines representatives' voting behaviour, women's voting preferences, and recommendations from feminist groups. The findings show that female legislators defend feminist interests more than their male colleagues but that they only marginally respond to women's electoral preferences. Moreover, gender has its most visible effect within the populist party.     

New guidance/old problems: recent developments in sex education

Sex education is a controversial area of public policy and over the last 20 years it has also been highly politicized. The election of the Labour government in 1997 raised the hopes of children's rights and health campaigners for a move away from the traditional moralistic approach adopted by the previous administration in favour of a more progressive and pragmatic approach. To date the government has attempted, unsuccessfully, to repeal Section 28 of the Local Government Act 1988, has amended the statutory framework for sex education in the Learning and Skills Act 2000 and in July 2000 issued new guidance on sex and relationship education. This article examines how these recent developments attempt to reconcile parental and local control with the need for a more uniform provision and how they attempt to pragmatically acknowledge the sexual activity of young people and at the same time deny young people autonomy and uphold the norm of children as ideally non-sexual.