Are there no ‘deserving poor’ anymore?

Lisa Whitehouse, 1 April 2026    7 mins read

It is nearly sixty years since Cathy Come Home first aired on the BBC. Written by Jeremy Sandford and directed by Ken Loach, this hard-hitting, documentary-style portrayal of a couple who, through no fault of their own, spiralled into homelessness and destitution, sparked national debate about the then housing crisis. The message arising out of the play was clear and unequivocal. The protagonists, Cathy and Reg were, in a manner reminiscent of the Victorian trope of the ‘deserving and undeserving poor’, worthy of our sympathy.

The changed neoliberal narrative: no rights without responsibilities

A lot has changed over the last sixty years, to the extent that we might now question whether Cathy Come Home would provoke the same response it did back in November 1966. The rise of neoliberalism post-1979, Brexit, and the growing popularity of right-wing political parties (among so many other things), have seen policy, rhetoric, and the media (print and social), cast certain categories of individual, such as single mothers, immigrants, and welfare recipients, as different, deviant and dangerous in the eyes of hard-working ‘responsible’ taxpayers.

Some have argued that this is a tactic used by proponents of neoliberalism to maintain support for its aims, categorising the welfare state as a cause of, rather than a solution to, poverty. The use of exclusionary and ‘othering’ language to depict those who are ‘them’ and not ‘us’ deflects attention away from the failings of the state and instead recasts it as a failure of individual responsibility. This responsibilisation narrative arises out of the reconfiguring of the relationship between the state and its citizens, particularly in respect of the provision of civil entitlements.

The creation of the welfare state in the UK, initiated by the Beveridge Report of 1942, was intended to create a system that supported citizens from the ‘cradle to the grave’. Some governments have, however, since the 1970s, sought to transform the state’s role from the guarantor of a universal entitlement to social rights, to a paternalistic and supervisory one that demands that citizens earn civil entitlements by conforming to expected standards of behaviour.

This new narrative insists that there should be ‘no rights without responsibilities’, thereby bringing an end to the perceived passive receipt of welfare benefits and justifying the exclusion of some from the social safety net if they fail to act ‘responsibly’. This reconceptualization of citizenship has been criticized on several grounds including its failure to recognise the impact that structural disadvantage and inequality, such as the shortage of affordable housing that led to Cathy and Reg’s downfall, have on the ability of individuals to act responsibly.

In this new era of individualised responsibility, it is possible that Cathy and Reg might be portrayed as undeserving, feckless, architects of their own downfall, and a drain on the responsible taxpayer. This narrative is not new. Smiles’ best-selling book of 1859, for example, promoted the moralistic view that debt, destitution and dependence were due to the failure on the part of the individual to exhibit the Victorian virtues of hard work, perseverance, and temperance. Smiles advocated ‘self-help’ as the remedy for poverty, encouraging, particularly young working-class men, to elevate themselves out of poverty through hard work, thereby ensuring their own happiness and wellbeing.

And yet, of course, we know that poverty is not a choice. Rather, it is influenced by individual and structural factors, many of which are beyond the control of the individual. Insecure and low-paid employment, high housing costs, individual life events, and an ineffective and sometimes punitive welfare system are just some of the causes of poverty.

The state’s complicity in facilitating inequality

It might be assumed that the state is best placed to tackle some of these structural constraints. However, what becomes apparent from a review of some public policy initiatives post-1979, is that rather than attempting to address structural inequality, the state has been complicit in facilitating it. A cynic might even suggest that the state has engaged in performative and populist policy-making that sets some individuals up to fail.

Take the Removal of the Spare Room Subsidy (RSRS), otherwise known as the ‘bedroom tax’. This reduces the rent that can be covered by welfare payments if social tenants reside in properties considered larger than they need. As of November 2025, 12,000 Housing Benefit claimants had a reduction to their weekly award amount due to the RSRS scheme. Up to date figures on the proportion of households in receipt of the housing element of Universal Credit who received a reduction due to the RSRS are not available, but to give some idea of the scale, in November 2020 it was 240,000.

The RSRS was intended to achieve behavioural change, encouraging or forcing households to move to smaller dwellings. However, this assumes that social tenants have a meaningful choice over where they live when, in reality, social housing has been decimated by policies such as the ‘right to buy’. Described as one of the ‘largest giveaways in UK history’, the policy allowed social tenants of sufficient standing to buy their council-owned home at a significant discount. Since its introduction in the early 1980s, around two million council properties have been sold, contributing to, what is now, a chronic shortage in and long waiting lists for social housing.

Importantly, however, the state was aware at the time it introduced the RSRS that there were insufficient properties of a smaller size to accommodate households subject to the deduction. For some of these households, this will have increased their dependency on the state, with evidence suggesting that many sought discretionary housing payments to cover the shortfall in their welfare payments. It would seem, therefore, that the state’s attempt to encourage welfare recipients to move to smaller accommodation has instead led to the state subsidizing those households to remain in their current home.

The unintended consequences of well-intentioned policies?

A less cynical view might suggest that inequality outcomes are the product of ambiguity neglect, a failure by policymakers to appreciate the potential for unintended consequences arising out of policies. These outcomes can often be generated by perverse incentives whereby citizens are incentivised to act in a manner that contradicts the intended outcome of the policy.

It is argued here, however, that in relation to aspects of policymaking since the late 1970s, a more apt label might be ‘perversity neglect’, constituting a failure by policymakers to appreciate the potential for perverse outcomes arising out of policies. In turn, rather than being incentivised to disrupt policy outcomes, individuals are subject to ‘perverse disincentives’ that hinder or prevent genuine attempts to comply with the intended outcomes of policies.

To take one example from the housing context, a policy intended to encourage social tenants to take responsibility for paying their own rent (by removing the direct payment of the housing element of welfare payments to landlords) led to some being unable to pay their rent (and therefore at threat of eviction) because of the mandatory five week waiting period before receipt of the first welfare payment.

Reckless policymaking driven by populist political agendas

The question arises as to whether the state’s complicity in generating structural inequality is intentional. That would, of course, be difficult to prove, but it can be argued that, if not intentional, then the state it is at the very least neglectful, if not reckless, in failing to appreciate the potential for perverse outcomes or, once aware of such, failing to address them. The answer offered up by research into ambiguity neglect is that the state should conduct evidence-based decision making prior to implementing policies, and post-implementation, to assess the outcomes of such, to identify and if necessary address unintended or perverse outcomes.

Some might argue, however, that neoliberalism and governments that engage in populist policymaking are not concerned with the outcomes of policies, or the likely success of the measures they give rise to, but rather with the perception that those policies engender (e.g. ‘stop the boats’). The perception that the welfare state rewards idleness, for example, has been used to justify the imposition of conditions on welfare claimants in order to make welfare ‘like work’. The outcome of the conditional nature of welfare can, however, in some cases, perpetuate poverty and dependency, including discouraging some claimants from entering into work in order to avoid having their welfare benefits reduced.

It is therefore questionable whether there is any motivation or sufficient public support for (particularly neoliberal) governments to avoid or remedy perversity neglect, particularly when there appear to be no ‘deserving poor’.

Irish housing law violates tenant’s human rights

Mark Jordan , 2 January 2018 — 8 mins read

On the 23 October 2017, the European Committee of Social Rights handed down its decision in International Federation for Human Rights (FIDH) v. Ireland Complaint No. 110/2014. The decision is available here. On the main ground, the Committee found that Irish housing law violates the right of families to adequate housing under Article 16 of the Revised European Social Charter. The declaration is notable in several respects and is significant, both nationally and internationally. This blog post will engage with some of the issues raised by the complaint however it will also offer some insight into the way this complaint came about and how back in 2012, as a recent graduate, I came to be involved in the complaint.

The Revised European Social Charter

The collective complaint system relates to the Revised European Social Charter, which was established in 1961, and revised in 1996, by the Council of Europe to support the (more famous) European Convention of Human Rights (ECHR). Broadly speaking, while the ECHR enshrines civil and political rights, the European Social Charter enumerates social and economic rights. The logic behind the Social Charter can be explained by borrowing a line from Franklin Delano Roosevelt. In 1944, Roosevelt outlined, in relation to the proposed second Bill of Rights which sought to enumerate economic and social rights in the United States, that “individual freedom cannot exist without economic security and independence”. The European Social Charter sets out human rights to education, health, housing, etc. While 43 out of the 47-member States of the Council of Europe are parties to either the Charter or the Revised Charter, it has not been incorporated into domestic law in the way that the ECHR has been. The rights are not directly justiciable, however the considerable jurisprudence of the Social Charter is nonetheless of growing influence in informing the development of European human rights norms.

The collective complaint process

By international standards, the rights enumerated by the European Social Charter are remarkably sophisticated. Much of this can be attributed to the system of enforcement which through a system of national reports by ratifying states and, in particular, a novel collective complaint system, generates a growing corpus of human rights standards. Certain national and international bodies including national tenants/landlord’s associations, international human rights agencies, etc. have locus standi to bring a collective complaint alleging that some aspect of national law violates the human rights of a collection of individuals in that country. Once a complaint is submitted, it must be deemed admissible (a relatively straightforward threshold) and then it proceeds to the European Committee of Social Rights which, after a hearing, makes a decision on the merits of the case. There is no national tenant’s association in the Republic of Ireland, instead this complaint was brought via the FIDH (International Federation for Human Rights). The moving force behind the whole effort was a group of local authority tenants who were concerned at the conditions of local authority housing and the lack of effective legal remedies governing housing condition and repair. The complaint was organised by Community Action Network (CAN) with the support of Ballymun Community Law Centre, and The Centre for Housing Law, Rights and Policy at NUI Galway. The complaint was funded by the Free Legal Aid Clinic and the Irish Human Rights & Equality Commission.

Getting involved in co-operative research projects

My involvement stems from my work with Dr Padraic Kenna at The Centre for Housing Law, Rights and Policy. I had graduated from the LLB programme at NUI Galway in the summer of 2011 and had taken Dr Kenna’s Housing Law, Rights and Policy module in my final year. This module combined cutting edge research led teaching with a real practical edge and really spurred my academic interest in this area of the law. This experience was exceptionally useful in putting together a successful application when a graduate position opened up on a housing law and policy human rights project in 2012. I was responsible for working with colleagues in Dublin and Galway to identify areas of Irish housing law which were potentially in violation of the Charter and to collect and organise materials which would support the development of a collective complaint. The main issues including the poor housing conditions of local authority housing and in particular the tenant’s lack of effective rights in relation to housing condition, repair, security, dispute resolution etc.

The difficulties in making a complaint

Part of the difficulty for tenants in bringing the complaint was the lack of meaningful statistics. The last state survey of local authority housing condition was in 2002. The complaint was only made possible by tenants systematically collecting and cataloguing evidence of poor housing for years. This was a huge effort but was vital to the ultimate success of the complaint on the main ground. The achievement of CAN is even more remarkable given that there is no state support of tenants’ associations in Ireland, unlike most of the countries of the EU where national tenants’ associations play a vital role in developing renting law & policy e.g. Sweden, Italy, etc. At the end, I had helped put together a skeleton draft which focused on a wide range of areas including local authority housing, as well as homeless legislation, and the housing law governing traveller accommodation. This was the end of my involvement at this stage and I then took up a Tenlaw research fellowship at the University of Southampton. However, I became involved once again in 2016, after the complaint had been deemed admissible and the state had responded by making a submission on its merits. Together with Dr Padraic Kenna, I helped draft the response to the State’s arguments.

The decision on the merits

In 2017 the Committee issued a decision finding that Irish housing law violates the right of families to adequate housing under Article 16 of the European Social Charter. While the Committee found a violation on the main ground i.e. inadequate housing conditions, the decision was disappointing in some respects, most notably in relation to the lack of effective legal remedies available to tenants. The difficulties facing local authority tenants are acute. For local authority tenants, their landlord is also the regulator of housing standards. Because the local authority is legally incapable of serving enforcement notices on itself, it is effectively impossible for local authority tenants to seek enforcement of the statutory housing quality standards. This puts local authority tenants at a remarkable disadvantage relative to private tenants who not only can seek enforcement of these standards by the local authority, they also have access to the low cost and relatively quick dispute resolution framework of the residential tenancies board. Because local authority tenants are in theory able to take their landlord to court over poor housing conditions, the Committee were prepared to reject the argument that local authority tenants were denied effective remedies. However, given the high costs involved in pursuing legal action and the general lack of legal aid available to tenants, this reasoning is somewhat unreal and the highly disappointing. Following the decision, the State must submit a report outlining what actions have been taken to address the violations identified in this complaint.

Comment

Throughout my time working on the complaint, I had the opportunity to meet with local authority tenants and listen to their views and contributions. This was remarkably insightful, and the contributions of tenants played a major role in directing the arguments made and also supporting those arguments. One of the recurring themes of the meetings I attended, was the sense of how disempowered local authority tenants were made to feel by Irish housing law in various respects. While the collective complaint system is imperfect, it can provide a valuable means for drawing attention to, and forcing recognition, of the real difficulties experienced by many households. The European Social Charter provides an exceptionally useful framework for evaluating national legal standards and seeking to develop best practice. Looking back on my experience working on the project, I feel incredible fortunate to have worked with such an exceptional team of tenants, community organisers, housing professionals and academics. My advice to recent graduates, or those interested in working in this field, is to get involved in these types of co-operative projects wherever possible. While not essential, it can be extremely helpful to have studied modules in the field of housing law, renting law, human rights etc. Exploring the modules options available and making contact with academics involved in those modules can be exceptionally helpful in identifying research opportunities which are off the beaten track.