Topics
Introduction
1. The UK Government is seeking public input on proposed changes to supported housing regulations. This consultation, led by the Ministry of Housing, Communities and Local Government and the Department for Work and Pensions, focuses on implementing the Supported Housing (Regulatory Oversight) Act 2023 in England.
2. The proposals include a locally led licensing regime and new national standards for supported housing.
3. The Government is also considering changes to Housing Benefit Regulations throughout Great Britain to ensure quality and value for taxpayer money.
4. 93 questions are being asked of consultees. Feedback from this consultation will be used to:
- draft licensing regulations and
- modify Housing Benefit Regulations.
5. Further consultations are planned later in the year.
6. The consultation period provides an opportunity for stakeholders to shape the future of supported housing regulation. Once responses are reviewed, the Government will publish its conclusions and set out a timeline for implementing the new licensing regime and standards.
7. For more information or to submit feedback, visit the official consultation website.
Consultation Deadline
8. Interested parties can respond online, via email, or by mail before the deadline which is 11:59 pm on 15 May 2025.
A National Licensing Regime for Supported Housing
9. Under the proposals, all supported housing providers in England (subject to exemptions) will be required to obtain a licence from local authorities. This move aims to ensure uniform oversight and prevent rogue providers from exploiting gaps in the system.
10. The Government’s consultation outlines key requirements for the licensing scheme, including:
- Scheme-Based Licensing: Each supported housing scheme, defined as a building or group of buildings with a single postal address offering supported accommodation, must be licensed.
- Fit and Proper Person Test: Providers will need to pass a test evaluating criminal records, housing law violations, and previous conduct.
- Mandatory Inspections: Local authorities will have the power to inspect schemes to ensure compliance.
- Enforcement Measures: Penalties, improvement notices, and potential bans for non-compliant providers, with fines reaching up to £30,000.
- Five-Year Licence Terms: Providers must renew their licences every five years, subject to ongoing compliance.
11. Some housing types with existing regulatory oversight, such as the Community Accommodation Service 2 (CAS2) and Ofsted-regulated housing for 16-17-year-olds, may be exempt but will still need to notify authorities of their operations. Consultees are being asked to comment on appropriate exemptions (question 36).
National Supported Housing Standards
12. The consultation also proposes the introduction of National Supported Housing Standards, which will apply to all licensed schemes. These standards aim to improve accommodation quality and the level of care provided, ensuring that residents receive effective and appropriate support.
13. Key focus areas include:
- Person-Centred Support: Mandatory needs assessments and tailored support plans to help residents achieve personal goals.
- Housing Environment: Minimum requirements for cleanliness, safety, and repair times.
- Staff Training and Safeguarding: Standards for staff qualifications, safeguarding procedures, and Disclosure and Barring Service (DBS) checks.
- Alignment with Local Needs: Encouraging collaboration between housing providers and local authorities to meet specific regional needs.
Housing Benefit Reforms Under Consideration
14. Another key aspect of the consultation is the Government’s proposal to redefine “care, support, and supervision” within Housing Benefit regulations applicable throughout Great Britain. The aim is to clarify eligibility criteria for supported housing and ensure that Housing Benefit payments align with the new licensing requirements.
15. The Government is considering linking Housing Benefit eligibility to the licensing scheme, meaning residents of unlicensed schemes may no longer qualify for support. This proposal has raised concerns over the potential impact on vulnerable individuals if their housing provider fails to obtain a licence.
Concerns and Potential Impacts
16. While the proposed licensing scheme aims to protect residents and enhance housing standards, it may also lead to unintended consequences. Some providers may struggle to meet new requirements, potentially reducing the availability of supported housing. The Government acknowledges this risk and is seeking feedback on how best to balance regulation with the need to maintain housing supply.
17. The administrative burden on local authorities and providers is another key issue under discussion. The consultation invites input on how to minimise bureaucracy while ensuring robust oversight.
Key Questions in the Consultation
18. The Government is encouraging stakeholders, including housing providers, local authorities, and residents, to participate in the consultation process. Key questions for feedback include:
- Should licensing apply to all types of supported housing?
- Are the proposed licensing exemptions justified?
- What criteria should be used to assess support plans?
- How should “support” and “supervision” be defined for Housing Benefit purposes?
Our KnowledgeBank Entry
19. For more information as the consultation process continues, see our relevant KnowledgeBank entry.
Consultation Outline
20. Use the links below to focus on relevant parts in the consultation.
(c) Martin Ward | Philip Parnham 2025