25/04/2025

The impact of housing on children’s health was brought sharply into focus with the case of Awaab Ishak, who was two years old when he died. In that case it was black mould that a Coroner found was entirely responsible for a respiratory issue that led to his death, leading to the development of Awaab’s Law within the Social Housing (Regulation) Act 2023. 

It is not only a child’s physical health that is adversely impacted by poor housing and issues of “family homelessness”. If children live in cold, damp or overcrowded homes and are subject to frequent house moves, it is perhaps unsurprising that they are also less likely to thrive in education and that their mental health and wellbeing will suffer. Now new evidence from the Children’s Commissioner for England, Dame Rachel de Souza, in March 2025 has revealed the relationship between a child’s housing instability and educational achievement.

The evidence collected from data from the Department for Education’s (DfE) School Census has found:

  • Just 11% of children who moved home 10 times while at school achieved five GCSEs, including English and maths, compared to 65% of children who had one home address. 
  • More than 75,000 children – 12% of all Year 11 children – have moved at least three times over their time at school

Prior to March 2020, social landlords’ repairing obligations in respect of tenanted premises were largely limited to those set out in section 11 Landlord and Tenant Act 1985 (unless extended by the terms of the tenancy agreement). Those obligations were limited to keeping the structure and exterior of the property in repair, and ensuring that the installations for the use and supply of gas, electricity and water were in repair and proper working order. The Homes (Fitness for Human Habitation) Act 2018 extended the duties of social landlords by implying a covenant into tenancies that dwellings would be (and remain) fit for human habitation, including that dwellings be free from damp and mould.

Children have told me about homes that are in disrepair, damp, dirty, sometimes with no running water or toilet – in 2025 that’s shameful. Some find it hard to concentrate at school because of unfit housing, while others are forced to move school in the middle of the year – so it’s no surprise their education is paying the price of this disruption.

Children’s Commissioner, Rachel de Souza 

The problem is also one of increasing inequalities because there is already an attainment gap at school between those children in poverty and those who are not. Adding the issue of poor housing and temporary accommodation for children is adding to the likelihood that this gap will get worse and will have potentially lifelong consequences. 

The challenges for landlords in ensuring that their stock is compliant with the updated statutory requirements are many, and include logistical issues around identifying problem properties, diagnosing the causes of, and remedies for, repairs issues and procuring the appropriate resources to address areas of concern. 

How we can assist

Bevan Brittan is able to offer a number of innovative approaches to addressing housing disrepair and its impacts upon households, including through the use of our Housing Disrepair Portal. We are also able to advise on safeguarding issues. If you wish to discuss the services we are able to offer in these respects, please contact Neil Brand or Julia Jones to arrange a call.

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