The Government committed to introducing an access to information scheme to keep social tenants sighted on the information their private registered provider (PRP) holds on the management of their homes.
Following this, the then-named Department for Levelling Up, Housing and Communities (DLUHC) (now re-named the Ministry of Housing, Communities and Local Government), launched a consultation (the consultation) on directions to the Regulator of Social Housing. They directed the regulator to introduce a new standard that will require PRPs to be transparent with their residents about the management of their homes.
The Social Tenant Access to Information Requirements (STAIRs), proposed by the consultation, will allow social housing tenants, and their designated representatives, to request access to information related to the management of their housing within specified timeframes. STAIRs requires PRPs to proactively publish information via a social housing publication scheme. The consultation also outlines how complaints about a PRP’s non-compliance with the scheme would be addressed.
The consultation closes on 22 July so ensure you have your say as there will be a significant financial impact on PRPs associated with their compliance with this duty. The Government has identified that over a 10-year appraisal period, the requirements are expected to cost providers £16.7 million, or on average a hefty £1.67 million per annum!
As local authority providers’ (LARPs) tenants can already use the Freedom of Information Act 2000 (FOIA) to request information from their landlord, the Government has, for now, excluded LARPs from the STAIRs proposed in the consultation. This is also the case for arms-length management organisations contracted to manage housing on behalf of local authorities. However, the consultation seeks views on whether the requirements should also apply to LARPs concerning information held by tenant management organisations contracted to manage housing on behalf of local authorities.
The Government gave assurance in the consultation that STAIRs is not an extension of FOIA to registered providers (RPs). STAIRs is more limited than FOIA and instead considers the STAIRs a bespoke scheme for PRPs, where only tenants and their representatives can access information and that information requests must relate specifically to issues relevant to the management of social housing. The Government states that this is the most proportionate and effective way of ensuring that social tenants can access information about the management of their homes.
The consultation notes that extending the FOIA to PRPs would be disproportionate. PRPs are not public authorities nor are they classified as part of the public sector. The Government concluded that any extension of FOIA to PRPs would drive up costs to providers, with little additional benefit to social tenants. It is also worth considering that the STAIRs requirements will not override the statutory rights or duties placed on the tenant or on PRPs including rights and duties under data protection and freedom of information legislation.
We have set out below some of our key takeaways from the consultation as follows:
- What information must PRPs proactively publish?
- PRPs will be required to comply with the social housing publication scheme, which involves proactively publishing, or otherwise routinely making available, information which is held by the PRP and falls within one or more of the categories set out within Table 1 of the consultation. Table 1 covers, but is not limited to, information about senior staff, governance arrangements, spending, use of service charge revenue, performance including TSMs and health and safety performance and policies regarding social housing management. Please see here for the full list.
- Who can make the requests?
- Information requests can be made by a social housing tenant of the PRP, or a tenant may nominate a designated representative to communicate with their provider on their behalf. Tenants must identify their representative to their provider and PRPs must make reasonable efforts to assist applicants to make a clear and valid request.
- What information can be requested?
- Information that can be requested is limited to relevant information, meaning information related to the management of a PRP’s social housing. This may include details of policies, plans and actions carried out in the management of social housing and information captured and retained to support these activities. This will include the handling of property moves, rent collection, ASB, data handling, communication and customer service, compensation and redress, rent rates and service charges for shared owners. Please refer to the consultation here for further details.
- Time limits for PRPs to respond
- The consultation proposes that PRPs will need to respond to an information request promptly and no later than 30 calendar days from receipt. Further time is permissible in exceptional circumstances as follows; if PRPs need to consider whether it is reasonable to withhold the requested information; and/or need to arrange access to relevant information held by a contractor or by another body on the provider’s behalf. In addition, if the relevant information is held by a body/person responsible for the management of the tenant’s housing on behalf of the PRP, the PRP is required to use all reasonable endeavours to obtain the information and fulfil the tenant’s request for relevant information.
- Can PRPs refuse requests?
- A PRP may refuse an information request in a number of circumstances and we would draw your attention to the consultation for full details. At a high level, it can do so where it is reasonable to withhold the information, if the identity of the applicant cannot be established, if the meaning of the request is unclear, if the request is offensive or communicated in an abusive manner, if the request is from multiple applicants acting in co-ordination or where responding to the information request would exceed 18 hours of staff time. As part of the consultation DLUHC has asked whether PRPs agree with the 18-hour time limit and to make reference to any costs or other burdens relating to the time limit so it may well be reduced in the final standard.
- What happens if a resident is not satisfied?
- Where an applicant is dissatisfied with the handling or outcome of their information request, they should first complain to the PRP. The provider must then carry out a review which should normally be carried out within 30 calendar days of receipt; however additional time may be required in certain circumstances. If the applicant is dissatisfied with the provider’s response to the review, they will be able to directly escalate this to the Housing Ombudsman under the terms of the Housing Ombudsman Scheme.
For more information
For more information, please contact Catherine Simpson.