Topics
Progress Stalled
1. For those returning to work and wondering whether there has been any progress on the implementation of the Supported Housing (Regulatory Oversight) Act 2023 over the summer, the answer is effectively “no”.
2. Since the passage of the Act in August 2023, progress on developing the necessary supported housing requirements has been frustratingly slow. Despite the Act’s clear mandate to establish national standards, local authority licensing, and an advisory group, little has been achieved to date, leaving providers in a state of uncertainty about forthcoming obligations.
New Ministerial Appointment
3. It is, however, noteworthy that Rushanara Ali was appointed as the Parliamentary Under-Secretary of State at the MHCLG in July 2024, following Labour’s general election victory 1‘Rushanara Ali MP – GOV.UK’ accessed 3 September 2024. In this capacity, she serves as the Minister for Building Safety and Homelessness. Ms. Ali’s responsibilities include:
- Homelessness and rough sleeping;
- Housing quality; and
- Supported housing and domestic abuse.
4. Ms Ali’s role includes overseeing the implementation of the Supported Housing (Regulatory Oversight) Act.
5. The Minister is also responsible for housing quality standards. This may involve ensuring that supported housing and temporary accommodation meet certain quality benchmarks to provide safe and adequate living conditions for residents.
Delays in Consultation Process
6. From the moment the Act received royal assent in August 2023 the government’s consultation on the new standards and licensing were keenly awaited. However, this process has been delayed, with the recent general election further exacerbating the slowdown all of which has left providers without the necessary guidance on how to proceed.
7. On 10th September in a House of Commons debate the responsible Minister, Rushanara Ali MP, said:
“To be clear, the Government will implement the measures in the Act as soon as possible. These problems have been going on for far too long and action is long overdue. As required by the Act, I will shortly issue a statement to the House about progress on implementing the measures in it, but I am grateful for the opportunity to inform Members of the way forward today.”2HC Deb, 10 September 2024, c288WH> accessed 17 September 2024
Informal Engagement and Representation
8. It is reported that the MHCLG has engaged informally with various stakeholders, discussing potential consultation topics.3 ‘Supported Housing (Regulatory Oversight) Act – Update | Homeless Link’ accessed 3 September 2024
Advisory Panel Formation Underway
9. The Ministry of Housing, Communities and Local Government (MHCLG) has commenced the formation of a supported housing advisory panel, as prescribed by the Act. We understand that although the application process4Role Details – Supported Housing Advisory Panel Members – Apply for a Public Appointment – GOV.UK accessed 3 September 2024 was disrupted by the election, the ministry has accepted applications, and we are awaiting clarification on when and if the process will reopen.5 ‘Supported Housing (Regulatory Oversight) Act – Update | Homeless Link’ accessed 3 September 2024
10. On 10th September the Minister reported as follows:
“Work will shortly resume on appointing the supported housing advisory panel. I am grateful for the applications the Department received prior to the general election, and I hope to be able to inform applicants shortly on the next steps.” 6HC Deb, 10 September 2024, c288WH> accessed 17 September 2024
Local Supported Housing Strategies
11. Local supported housing plans are another vital part of the Act, helping to assess need and supply at the local level every five years.
12. According to the Minister:
“Work on them is progressing, and the Government will work closely with local authorities and other stakeholders to develop the comprehensive guidance needed.” 7HC Deb, 10 September 2024, c288WH> accessed 17 September 2024
Plans for Licensing Regime
13. On the planned licensing regime the Minister had this to say:
“The 2023 Act proposes a licensing regime that will give local authorities proper control over who delivers supported housing in their district, and greater powers to intervene when things are not right.
We will shortly consult on a locally led national licensing regime that will enforce a set of national support standards in England, and will add further conditions to ensure that rogue providers cannot continue to operate.
Conditions will include a fit and proper test for licensees, conditions relating to the condition and use of the accommodation, and a condition requiring all residents to have had their needs assessed. Those conditions will ensure that only good-quality supported housing is licensed and allowed to continue to operate. Providing unlicensed supported housing will be an offence.
The Government want to implement these changes carefully to avoid any unintended impacts on the much-needed supply of good supported housing, so it is critical that we consult both the statutory consultees, as set out in the Act, and wider stakeholders and residents.”8HC Deb, 10 September 2024, c288WH> accessed 17 September 2024
Plans for National Standards
14. The Act enables the Deputy Prime Minister to set standards for supported housing. Minister, Rushanara Ali MP clarified on 10th September:
“While some regulation applies to supported housing, it is not specifically aimed at the support services provided to residents, and applies either to the provider or the physical condition of the property.”
It is clear from the problems in supported housing that the current regulations are not enough and that there needs to be specific regulation for this type of housing. That is why the Government will be setting standards that, combined with supported housing licensing, close the gap in regulation and clearly set out what good support services look like and how they must be delivered.” 9HC Deb, 10 September 2024, c288WH> accessed 17 September 2024
Premature Local Authority Requirements
15. Meanwhile, the ongoing uncertainty has been heightened by certain local authorities who have sought to fill the void by imposing requirements on supported housing providers prematurely without the required secondary legislation or formal guidance from the government.
© Martin Ward and Philip Parnham | September 2024
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