www.socialhousing.co.uk/news/regulator-urges-providers-to-address-accountability-to-tenants-62338
The Regulator of Social Housing (RSH) has urged social housing providers to consider how accountable they are to tenants, as it published its Consumer Regulation Review today.
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Fiona MacGregor, speaking at the Housing 2019 conference in June (picture: Guzelian)
Fiona MacGregor, speaking at the Housing 2019 conference in June (picture: Guzelian)
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Regulator of Social Housing urges providers to address accountability to tenants, as it publishes Consumer Regulation Review #ukhousing #socialhousingfinance
Commenting on the report, which reveals key issues identified by the RSH within its consumer regulation role during 2018/19, chief executive Fiona MacGregor said: “I continue to urge all social housing providers to look at how accountable they are and how they can be more transparent with their tenants.”
The review stated that in some of the cases it investigates, while there has not been a breach of the consumer standards with potential or actual serious detriment, “the way in which registered providers listen to and engage with their tenants can fall short of what could be expected”.
The regulator noted that a “significant part” of its consumer regulator work stems from referrals regarding concerns about the arrangements providers have in place to keep tenants safe in their homes. This, it said, is “ultimately the responsibility of the governing bodies of registered providers – boards and local authority councillors”.
Figures published in the report have shown that the regulator received 502 consumer standard referrals in 2018/19, a slight decline on the 543 received in 2017/18.
Of the 502, 226 (45 per cent) were referred to the Consumer Regulation Panel – a slight increase on the 38 per cent referred to the panel in the previous year – and 124 (25 per cent) were then investigated further. The regulator found a breach and serious detriment in six cases one per cent).
Of the initial referrals received, 47 per cent were from individuals, while 31 per cent were self-referrals from registered providers. Eleven per cent were identified through the regulator’s own engagement with providers. The review also noted a new cohort of referrals for the year, with five per cent of referrals coming from statutory bodies, including local authorities, NHS services and the Housing Ombudsman.
Of all the cases the regulator went on to investigate further, 33 per cent were self-referrals from registered providers, 21 per cent were from tenants or their representatives, and 15 per cent were issues identified through its regulatory engagement.
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Serious detriment test
Since April 2012, because of changes resulting from the Localism Act 2011, the regulator does not have a mandate to proactively monitor providers’ routine compliance with the consumer standards, and can only use its powers in relation to a provider when it has grounds to suspect there is actual or potential serious detriment to tenants.
The review noted: “Our reactive approach does not lessen the obligation on registered providers to comply and communicate with us in a timely manner in relation to a potential breach.”
This, it says, is a fundamental part of the co-regulatory settlement. “Where we find a breach of a consumer standard and serious detriment, and the registered provider has failed to be transparent with the regulator, we will take that into account as we consider what regulatory action is needed.”
The regulator also reported a correlation in some cases between the timing in which it notifies a provider of its intention to carry out an in-depth assessment (IDA), and the provider’s self-referral of issues to the regulator. This correlation is seen in one in seven of all self-referrals, it says.
Registered providers self-referring are also more likely to do so with regard to a matter relating to the Home Standard (88 per cent), rather than the Tenant Involvement and Empowerment Standard (nine per cent). Meanwhile, referrals from individuals such as tenants are spread more evenly across the standards, the review stated.
Home Standard
The regulator noted that the Home Standard – which covers issues relating to repairs and maintenance, decency of homes, and compliance with statutory health and safety requirements – features in around half of all referrals considered at the second stage of its referral process, the Consumer Regulation Panel.
This year, all the cases where the regulator went on to find a breach and serious detriment were related to the Home Standard. These, it said, were particularly in relation to the repairs and maintenance service provided by registered providers, and their compliance with statutory health and safety requirements across a range of areas, including fire safety, gas safety, electrical safety, lifts and legionella.
Most common were issues relating to fire safety, which featured in five of the six cases where the RSH found a breach and serious detriment. However it added: “[It] was striking that in a number of those cases, where we considered concerns relating to fire safety, weaknesses across other areas of health and safety were also identified.”
Robust reporting
The regulator emphasised the need for robust reporting and assurance arrangement, and stated that the importance of good quality data “cannot be overstated”.
“The expectation is that all registered providers will have assurance on the quality and integrity of their data. This is the foundation on which all other assurance of compliance is based.”
Commenting on the report, Ms MacGregor said: “The annual Consumer Regulation Review sets out the key issues we identified during 2018/19 in delivering our consumer regulation role and serves as a reminder to registered providers’ board members of our expectations.
“It also reinforces that well-run and well-governed organisations need to have systems in place to listen to and engage with tenants, and to take prompt and effective action when tenants may be at risk.