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In each case there are no witnesses and the prospective buyer is usually unwilling to give a witness statement. He or she simply wants to get away from the park. The seller does not usually go to court because there is no witness statement and the buyer is lost anyway. The incentive for the park owner is to buy the home for a small sum, remove it from the park, site a new and possibly bigger home on the pitch and sell it, thereby making a clear profit of perhaps £100,000. Rogue site owners currently have the ability to sabotage sales and
can rely on the fact that many people who move to park homes are frail, vulnerable, elderly and easily intimidated. It seems perfectly reasonable for a site owner to be able to check out a prospective buyer, but how can we stop the abuse and possible fraud currently taking place? My Bill suggests that there should be an independent witness present at such meetings.
I would like to illustrate that further with a case from my constituency. The site owner wrote to my constituent on 4 October 2007 saying:
“Thank you for your letter...introducing the above young lady to me and seeking my approval for her to buy the above home.
Since taking over the park in 1999 we have always promoted the location as a retirement one for people over the age of 55. With that in mind I am unable to agree to”
“purchasing your home and will not be endorsing her residency.
I now serve formal notice on you to remove the home, extension and conservatory as the alterations you have made to the home to accommodate the extension and conservatory have rendered the home immobile. In fact it is my belief that the original home would collapse in the event of it being moved. This situation contravenes the Mobile Homes Act, is detrimental to my Park and can no longer be accepted.
I have also engaged the services of”
“in Mobile Homes to carry out an external survey of the home in order to verify my claim. My legal advisors have informed me that I do not need your permission for such a survey.”
A letter also dated 5 October 2007 was issued to all residents on the park saying:
“Since taking over the Park in 1999 we have always promoted the location as a retirement one for people over the age of 55.
My legal advisors have informed that this should be formalised within the Park Rules and I now write to advise you of the addition of the following rule.”
You have guessed it, Mr. Speaker:
“The Park is for retired/semi retired persons over the age of 55.”
“In the event of anyone disagreeing with this rule please let me have your written objection within 28 days of the date of this letter.”
Representatives of the residents association on the site tell me that the prospective purchaser was originally prepared to make a statement about conversations with the site owner but, not surprisingly, she eventually decided to get clear of the whole situation. The residents believe that she was told that she had to be over 50, that the owner had the right to move the home, that if he did so it would fall apart, and that he would not be responsible for putting it back together again, and that he wanted to replace it with another home that could be sold for £150,000-plus. If that was not true, the site owner, too, would be protected under my proposal that an independent witness should be present during any meetings between a prospective purchaser and the site owner. That might be a solicitor, but the important point would be to have an independent witness; further consideration would obviously need to be given to communication by phone.
My constituents were offered £81,000 by the prospective purchaser. An earlier offer made by the site owner was for £15,000. The issue of extensions generally has been considered by the local authority and, while requiring certain important provisions regarding fire safety, the
council decided not to enforce the removal of extensions on resale. The site owner wanted the council to enforce such removals and indicated great displeasure to me after the council made its decision. There are a number of extensions on the site that technically breach the 6 m rule. They were allowed over many years by default, with no action by the local authority or the site owner. Many owners purchase their homes with the extensions already in place, and have no knowledge of any problems relating to them. The site ownership has been with the same family for many years.
In this case, following the loss of a prospective purchaser, the owner tried to pursue a fraud case. There were enormous difficulties involved in getting the police to accept that this was not just a civil matter. The case was eventually taken up, but perhaps not in a wholehearted manner, and, in any event, it was not pursued by the Crown Prosecution Service. The all-party group on the welfare of park home owners recently had a useful meeting with the Minister responsible for policing. He was very responsive, and agreed to talk to the police about the need for existing legislation to be available to park home owners. Witnesses are needed, however, and on many occasions prospective buyers will just want to walk away and forget an unpleasant experience.
The Bill is about prevention. I hope that hon. Members will support it and thus protect vulnerable people when they come to sell their precious homes, often when they are moving on into more supported accommodation. The Bill would also protect site owners against any untrue allegations. I am pleased to say that it commands the support of hon. Members from all the main political parties in this House.
That Annette Brooke, Richard Younger-Ross, Mr. Bill Olner, Mr. Gary Streeter, Andrew George, Natascha Engel, Mr. Richard Benyon, Mr. David Kidney and Sir John Butterfill present the Bill.
Annette Brooke accordingly presented the Bill.
Bill read the First time; to be read a Second time on Friday 16 October and to be printed (Bill 92).
3.42 pm
Mr. David Gauke (South-West Hertfordshire) (Con): On a point of order, Mr. Speaker. On a number of occasions, you have raised the requirement for Ministers to answer written parliamentary questions appropriately. I asked the Prime Minister a question, the answer to which was published in Hansard on 30 April 2009 at column 1415W. I asked him whether the recording of his statement on hon. Members’ allowances that was uploaded to his YouTube channel on 21 April had required more than one take. The response was:
“The recording is available on the Downing street YouTube channel.”—[ Official Report, 30 April 2009; Vol. 491, c. 1415W.]
That clearly represents a failure—some might call it a lamentable failure—to answer the question. What can I do to ensure that the Prime Minister will answer this question?
Mr. Speaker: I think that the Prime Minister has answered the question in his own way, and I think that we could leave it at that.
Apprenticeships, Skills, Children and Learning Bill
[Relevant documents: The Fourth Report from the Children, Schools and Families Committee, Session 2007-08, the Draft Apprenticeships Bill, HC 1082, and the Government’s response, HC 259, Session 2008-09; and oral evidence taken before the Committee on 9 July 2008 on the Learning and Skills Council, HC 960-i, Session 2007-08. The Seventh Report from the Innovation, Universities, Science and Skills Committee, Session 2007-08, Pre-Legislative Scrutiny of the Draft Apprenticeships Bill, HC 1062-I, and the Government’s response, HC 262, Session 2008-09; and the First Report from the Committee, Session 2008-09, Re-skilling for Recovery: After Leitch, Implementing Skills and Training Policies, HC 48-I, and the Government’s response, HC 365. The Fourteenth Report from the Joint Committee on Human Rights, Legislative Scrutiny: Welfare Reform Bill; Apprenticeships, Skills, Children and Learning Bill; Health Bill, HC 414.]
Consideration of Bill, as amended in the Public Bill Committee
‘After section 562 of the Education Act 1996 (c. 56) insert—
Persons detained in youth accommodation
Provisions applying to detained persons
562A Application of Act to detained persons
(1) In its application in relation to detained persons, this Act has effect subject to modifications prescribed by regulations made by the appropriate national authority.
(2) References in this Chapter to a detained person are to a child or young person who is—
(a) subject to a detention order, and
(b) detained in relevant youth accommodation;
and, in provisions applying on a person’s release, also include references to a person who, immediately before release, was a detained person.
562B Duty to take steps to promote fulfilment of potential
(1) Subsection (2) applies in relation to a detained person who is not a looked after child.
(a) during the period of detention in relevant youth accommodation, and
(b) on the person’s release from detention in relevant youth accommodation,
take such steps as they consider appropriate to promote the person’s fulfilment of his or her learning potential.
(3) Those steps must include, where it appears to the home authority appropriate for them to do so, making arrangements for the provision, on the person’s release from detention—
(b) in the case of a person who is over compulsory school age, of education or training.
(4) Where the host authority make any determination as to the education or training to be provided for a detained person, the authority must have regard to any information provided by the home authority under section 562E for the purpose of assisting any such determination.
562C Detained persons with special educational needs
(1) This section applies where, immediately before the beginning of the detention, a local education authority were maintaining a statement under section 324 for a detained person.
(2) The authority must keep the statement while the person is detained in relevant youth accommodation.
(3) The host authority must use best endeavours to secure that appropriate special educational provision is made for the detained person while the person is detained in relevant youth accommodation.
(4) For the purposes of subsection (3), appropriate special educational provision is—
(a) the special educational provision that, immediately before the beginning of the detention, was specified in the statement,
(b) educational provision corresponding as closely as practicable to the special educational provision so specified, or
(c) if it appears to the host authority that the special educational provision so specified is no longer appropriate for the person, such special educational provision as reasonably appears to the host authority to be appropriate for the person.
562D Appropriate special educational provision: arrangements between local education authorities
(1) This section applies where special educational provision is secured for a person in circumstances where section 562C applies.
(2) A local education authority may supply goods and services to—
(b) any other person making the special educational provision in question.
(3) Goods and services may be supplied under subsection (2) only for the purpose of assisting the making or securing of that special educational provision.
Provision of information relating to detained persons
562E Provision of information about detained persons
(1) Any person who has provided education or training for a detained person (whether before or during the period of detention) may provide information relating to the detained person to—
for the purposes of, or in connection with, the provision of education or training for the detained person.
(2) A local education authority must, on a request under subsection (3), as soon as practicable provide to the person making the request such information that they hold relating to a detained person as is requested.
(3) A request is made under this subsection if it—
(a) is made by a person within subsection (4), and
(b) asks only for information which the person requires for the purposes of, or in connection with, the provision of education or training for the detained person (including education or training to be provided after the detained person’s release from detention).
(a) any other local education authority;
(b) a youth offending team established under section 39 of the Crime and Disorder Act 1998;
(c) the person in charge of any place at which the detained person is detained or is expected to be detained;
(d) any person providing or proposing to provide education or training for the detained person.
(5) The Welsh Ministers must, on a request by the home authority or the host authority, provide a copy of any relevant assessment report for the purposes of the exercise of any function of that authority under section 18A or this Chapter.
(6) In subsection (5), “relevant assessment report” means a report of an assessment of a detained person conducted (whether before or during the period of detention)—
(a) under section 140 of the Learning and Skills Act 2000, and
(b) by virtue of arrangements made by the Welsh Ministers.
(7) In this section any reference to the host authority, in relation to a detained person, includes a reference to any local education authority in whose area the person is expected to be detained.
562F Information to be provided where statement of special educational needs previously maintained
(1) This section applies in relation to a detained person if, immediately before the beginning of the detention, a local education authority were maintaining a statement under section 324 for the person.
(2) Subsections (3) and (4) apply where the home authority become aware (whether by notice under section 39A(2) of the Crime and Disorder Act 1998 (detention of child or young person: local education authorities to be notified) or otherwise)—
(i) has become subject to a detention order, and
(ii) is detained in relevant youth accommodation, or
(b) that the person has been transferred from one place of accommodation to another place of accommodation which is relevant youth accommodation.
(3) If, immediately before the beginning of the detention, the home authority were maintaining the statement, they must send a copy of the statement to the host authority.
(4) If the home authority are or become aware that, immediately before the beginning of the detention, another local education authority were maintaining a statement for the person under section 324, they must notify the host authority—
(b) of the identity of that other local education authority.
(5) The local education authority who, immediately before the beginning of the detention, were maintaining the statement must, on a request by the host authority, send a copy of the statement to the host authority.
(6) Subsections (7) and (8) apply where the person is released from detention in relevant youth accommodation.
(7) The host authority must notify the following of the person’s release—
(b) if different, the authority who, immediately before the beginning of the detention, were maintaining the statement under section 324.
(8) If the home authority are not the authority who, immediately before the beginning of the detention, were maintaining the statement, the host authority must also notify the home authority—
(a) of the fact that immediately before the beginning of the detention a statement was being maintained for the person by a local education authority under section 324, and
(b) of the identity of that authority.
(9) Nothing in this section requires any local education authority to notify another authority of any matter of which the other authority are already aware, or to send a copy of any statement to another authority who already have a copy of it.
562G Release of detained person appearing to host authority to require assessment
(1) This section applies in relation to the release from detention in relevant youth accommodation of a detained person in relation to whom section 562F does not apply.
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