Scrutiny & Empowerment Partners Empowerment Standard & the Localism Bill RING NW - 16 th June 2011

1. Scrutiny & Empowerment Partners Empowerment Standard & the Localism BillRING NW - 16th June 2011 Yvonne Davies Director Linda Levin Director

2. What we are going to cover? • The position of Government on localism • Changes in law from the Localism Bill • In particular: • Ombudsman • Empowerment standard • Annual reports and local offers • Lots of time for discussion • Time for questions

3. Changes in the law • Tenure • Allocations • Mobility • Homelessness • Over/under- occupation • Affordable rents • Managing/owning community assets And specially for those interested in participation: • Complaints • New tenant power of scrutiny And new to the table: • Right to manage • Cashback

4. Localism: Tenure • Local housing authorities are to publish a tenancy strategy • The creation of a new flexible tenancy for local authority landlords with a minimum fixed term of two years.  The government plans to retain two-year tenancies as an option whilst saying it expects the majority of tenancies to be for longer terms, especially for vulnerable households and those with children. • A new tenancy standard will be introduced from April 2012 (not to be confused with the current TSA Tenancy Standards)

5. Localism: Allocations • It allows local authorities to restrict access to their statutory allocation scheme, and to exclude existing council and housing association tenants unless they have reasonable preference. • The government currently does not plan to make any changes to the existing statutory ‘reasonable preference’ (Priority Housing groups) categories which determine who has priority for social housing. • Landlords will not be forced to set up a separate system  for transfer requests, but have the freedom to make arrangements that best suit the needs of the local area. • Appeals on priority will remain

6. Localism: Mobility • The government plans to go ahead with proposals for a national home swap scheme • A new regulatory standard governing services to support mutual exchange which all landlords to subscribe to an internet-based service that is free to tenants. • The landlord must chose a scheme that shares exchange property details with other schemes, or else participate in a range of different schemes. • The landlord's preferred exchange service will tenants with suggested matches and a clickable link to other service providers for further matches.

7. Localism: Homelessness • This allows local authorities to discharge their homelessness duties through an offer of a privately rented home. • Homes offered must be “suitable” and within the LA boundary: • Affordable • Size, • Condition • Accessible • Location • Must be for at least 12 months • The homeless duty reoccurs if the persons, through no fault of their own become homeless again within 2 years

8. Localism: Over/Under-occupation • Govt View: Reforms to tenure, allocations and homelessness will help tackle overcrowding • £13 million to the 50 biggest local authority landlords to tackle under-occupation • Establishing a new national team of advisers based at the Chartered Institute of Housing to support councils who want to help tenants to downsize, eg: • dedicated officers to help find residents suitable new homes • a moving service to assist tenants with every aspect of moving • handymen to decorate and make repairs to new homes

9. Localism: Affordable rents • A new Affordable rent tenancy will be offered by Housing Associations from April 2011 • Tenancies will be fixed term tenancies at a higher social rent, but no more than 80% of market rents • Housing Associations are encouraged to charge these rents to new tenants to raise funds to build new homes

10. Localism: Community Assets • Community Right to Buy • Can sell now without community groups knowing or bidding • LA list of assets of community value • Communities get time and support to bid • Community Right to Challenge • LA assets closure without debate • Groups can operate service on behalf of LA • Time & support to bid as part of service procurement Support and guidance is on the way

11. Complaints • Introduction of a democratic filter from April 2013 and one Ombudsman for housing • Aim is to ‘speed up’ complaints resolution and resolve locally • Tenants can complain to a recognised tenant panel, councillor or MP once landlord’s complaints procedure is exhausted • Referrals to HOS up to the democratic filter

12. REPORT PROBLEM USE INTERNAL COMPLAINTS PROCEDURE LOCALISM BILL DEMOCRATIC FILTER APR 2013 REFERRAL TO SINGLE OMBUDSMAN

13. Changes in the law – Actions for landlords: How do you think you could develop an ‘independent tenant panel’ to deal with complaint resolution?

14. Review of Social Housing Regulation In October 2010 Grant Shapps published the Review of Social Housing: • transfers functions from the TSA to the HCA; • consumer regulation focused on local mechanisms; • localist approach for resolving complaints; • shift to local challenge and scrutiny including a new standard on Tenant Involvement • Inspection to the private sector

15. CLG review of social housing regulation (October 2010) • “Landlords are accountable to their tenants, not to the regulator. Tenants must therefore have the information and opportunities they need to hold their landlords to account and to shape service delivery” • “The review’s recommendations will result in the system becoming more co-regulatory – with a clearer role for tenants in scrutinising performance… while the regulator’s attention will be focussed on serious failures”

16. Government Agenda: LocalismFind Housing in Section 151 to 162 “Today is the start of a deep and serious reform agenda to take power away from politicians and give it to people.“ David Cameron “We need to give people the platform to get things done ….. a system which properly puts tenants and their representatives firmly in the driving seat Grant Shapps

17. Expect it to include recommendations : tenants should be given a wide range of opportunities to influence scrutiny of landlord’s performance; landlords must provide timely, useful performance information including an annual report to tenants Subsequent policy announcements increasing opportunities to manage own homes; tenant cash back scheme Consultation on Directions (including Tenure, Mutual Exchange, Rent, Accommodation) Tenant Involvement- CLG view on new standard

18. Changing Role of the TSA • Limited to setting clear standards – moving away from current system of monitoring and inspections • Local offers remain • Annual reports remain, but not required by the regulator • TSA investigating and addressing the most serious failures against those regulatory standards (SERIOUS DETRIMENT) • The regulator will consult in June on first Draft and then Autumn on how it intends to apply a “serious detriment” threshold Providers decide how they meet the localism agenda

19. Serious detriment: Actions for Landlords • From April 2012 - TSA will only exercise our powers on consumer standards where there is ‘serious detriment’ • Consultation on Serious detriment • Gas – Fire – Life - Limb ???? • What impact on tenants: • Health and safety • Mental or emotional health • Loss of home • Discrimination • Loss of rights

20. Tenant Cashback • Draft direction expected to reflect the Tenant Cash back announcement: • opportunities for tenants to be involved in the management of repair services for their homes; • tenants take control by undertaking or commissioning routine repair tasks themselves; • share in any savings made; • gain practical and transferable skills • Model will be flexible to suit local circumstances • Pilots will examine how the scheme will work in practice

21. Cashback: Actions for landlords • Awareness raising • Visit to pilots, or await report • Feed information into service improvement panels relating to repairs • Include into scrutiny of the repairs service More info as it happens on www.tenantadvisor.net

22. Tenant Panels – Draft Direction • CLG changes planned on the empowerment standard • Require landlords to accept scrutiny via a tenant panel • No overlaps between Ombudsman Schemes • Landlords support the formation and activities of panels • Landlords respond in a constructive and timely manner • Democratic filter – tenant panels alongside local councillors and local MPs will be involved in dispute resolution & refer unresolved complaints to the HO • Up to panels to decide whether to fulfil this dual function

23. Complaints and Tenants panels: Actions for landlords • Can there be an area or sub regional tenant panel? • Review Internal Complaints Procedures • Is this a good time to foresee a change and to scrutinize complaints? • Complaint management and complainant satisfaction will be more critical as key performance indicators for tenants • Increasing role of learning through benchmarking Complaints upgrade to www.tenantadvisor.net will help

24. Good governance is now even more important: • Being focused on the purpose of the provider and on outcomes for tenants • Board members and staff working together to a common purpose with clearly defined roles • Transparent decision making, subject to effective scrutiny • Building board and staff capacity • Engaging with tenants to ensure accountability

26. Localism: Annual reports & Local Offers • National Standards remain • Local offers remain (Note review time & which standards) • No requirement to give the report to the regulator • To be delivered to & with tenants and not the regulator • Up to each organisation to organise this directly with tenants

27. Effective scrutiny Will your organisation be compliant? How can you ensure your co-regulatory arrangements are fit for purpose and meeting the challenge of co-regulation? What do you think about working with us to develop an ‘accreditation’ framework and peer reviews?

28. Conclusion • Major refocusing of the regulatory framework for consumer protection, but co-regulation and self regulation do not mean no regulation! • Greater emphasis on local accountability and local dispute resolution • A stronger role for tenants (and locally elected people) in scrutinising landlord performance • More use of the democratic processes making Councillors and MPs more accountable for housing • Opportunities for tenant panels e.g. scrutiny and “democratic filter” Help is out there, we can help

29. Thanks for listening - Any questions? yvonne@tenantadvisor.net Tel: 07867 974659 linda@tenantadvisor.net Tel: 07967 342436 www.tenantadvisor.net