{"id":659,"date":"2020-08-18T12:09:37","date_gmt":"2020-08-18T11:09:37","guid":{"rendered":"https:\/\/socialhousingmatters.co.uk\/?p=659"},"modified":"2020-08-18T13:10:24","modified_gmt":"2020-08-18T12:10:24","slug":"730-days-later-where-are-we-two-years-on-from-the-social-housing-green-paper","status":"publish","type":"post","link":"https:\/\/socialhousingmatters.co.uk\/index.php\/2020\/08\/18\/730-days-later-where-are-we-two-years-on-from-the-social-housing-green-paper\/","title":{"rendered":"730 Days Later \u2013 where are we two years on from the Social Housing Green Paper?"},"content":{"rendered":"\n
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Image of green houses by Dawn Hudson from publicdomainimages.net<\/figcaption><\/figure>\n\n\n\n

By: Rose Klemperer \"\" @RoseKlemperer<\/a><\/p>\n\n\n\n

The sector waited for the Social Housing Green Paper (the \u201cSHGP\u201d) with bated breath and we were promised it would be \u201cthe most substantial report of its kind for a generation\u201d.
However, its arrival saw little meat on the bones of the commentary which preceded its arrival. So, what\u2019s happened in the subsequent 24 months?
<\/p>\n\n\n\n

My nod to Danny Boyle\u2019s post-apocalyptic film \u201828 Days Later\u2019 in the title is a clumsy acknowledgment that, to put it mildly, it\u2019s been a funny old two years, hasn\u2019t it? As I sit writing this article from my home office, set-up on what was my dining table, I can\u2019t help but think that the August 2018 me really had no clue what the next 24 months would bring.<\/p>\n\n\n\n

The morning of 14th August 2018 I texted my colleagues \u201cSocial Housing Green Paper out today!!\u201d and rushed to the office (remember them?!) to get ready to devour the long-awaited, much-hyped, SHGP. In honesty, whilst enthused about the tenant roadshow which preceded it and the resulting input, I was left feeling a little lacklustre about the real changes we would see as a result of the SHGP.<\/p>\n\n\n\n

The follow-up White Paper, which was promised for Spring 2019 is yet to arrive, delayed in the mire of Brexit negotiations; however, we are told that we won\u2019t have to wait that much longer. In the interim, how has the housing sector fared in the strangest of times in addressing the key principles identified in the SHGP and what\u2019s next?<\/p>\n\n\n\n

The SHGP set out the Government\u2019s five principles for \u2018a new deal for social housing\u2019; I revisit them in turn below.<\/p>\n\n\n\n

Decent and safe homes<\/h2>\n\n\n\n

Published 14 months after the Grenfell Tower fire, the SHGP noted that the last review of the Decent Homes Standard was in 2006 and asked, as part of the consultation, whether this should be reviewed.<\/p>\n\n\n\n

Today, 26 months after the Grenfell disaster, the Grenfell Tower Inquiry rumbles on and, whilst we have seen a consultation on the Future Homes Standard (which proposes to increase energy efficiency requirements for new homes), no steps have been taken to consult on\/review the Decent Homes Standard.<\/p>\n\n\n\n

We have seen the Homes (Fitness for Human Habitation) Act 2018 (the \u201cAct\u201d) come into law in March 2019 which, whilst operating under a different remit to the Decent Homes Standard, was aimed at ensuring that rental homes were safe. The Act empowered social housing tenants to take action against their landlord where the property failed to meet the Decent Homes Standard. We are yet to see the full impact of the Act and assess its full impact, given that it has only applied to nearly all existing tenancies since 20 March 2020.<\/p>\n\n\n\n

Most recently, the draft Building Safety Bill (the \u201cBill\u201d) was published, which aims to improve building and fire safety. The Bill is the result of Dame Judith Hackett\u2019s proposals following her review of Building Regulations and Fire Safety published in May 2018. Alongside proposals to introduce a new Building Safety Regulator, the Bill would impose more stringent requirements on the built environment sector around building safety standards.<\/p>\n\n\n\n

Effective resolution of disputes<\/h2>\n\n\n\n

The SHGP emphasised the need to improve and speed up the resolution of
complaints, particularly in the light of evidence of Grenfell residents\u2019 complaints falling on deaf ears for years before the tragedy occurred. The handling of complaints was one of the prevailing concerns raised by tenants during the then housing minister(s) roadshow in the build up to the SHGP.<\/p>\n\n\n\n

The Housing Ombudsman has recently published a new Complaint Handling Code (the \u201cCode\u201d) which was developed in conjunction with sector stakeholders, and provides greater powers to the Housing Ombudsman. It is intended that the Code will enable Boards to foster a culture of learning which can then be used to drive improvements in service delivery and ultimately lead to better relationships between landlords and their tenants.<\/p>\n\n\n\n

The Code certainly has \u2018teeth\u2019 when it comes to addressing landlords whose
compliance with the Code is of \u201csignificant concern\u201d and creates a direct link between the Regulator of Social Housing and the Housing Ombudsman. My colleague, Ellen Damlica, wrote a useful article answering the key questions regarding the Code, read it here<\/a>.<\/p>\n\n\n\n

Empowering tenants and strengthening the Regulator<\/h2>\n\n\n\n

The SHGP raised the question of giving the Regulator \u201csharper teeth\u201d and suggested the introduction of league tables relating to performance of services such as repairs and neighbourhood management. Housing associations\u2019 performance would be scored against key performance indicators with the possibility of penalising low-performing landlords by limiting their ability to apply for grant funding.<\/p>\n\n\n\n

After the SHGP initial consultation closed in November 2018 there was widespread push back against league tables following warnings that they could prove \u201ccounter-productive\u201d and encourage the wrong priorities. As a result, it\u2019s now understood that it is unlikely that league tables will be introduced.<\/p>\n\n\n\n

Regarding regulation, the SHGP linked to an accompanying consultation on the \u2018Review of social housing regulation\u2019 which specifically focussed on the consumer standards. This closed in November 2018 and, according to the gov.uk website, the feedback is still being analysed.<\/p>\n\n\n\n

The current role of the Regulator, and its statutory obligations to \u2018minimise
interference\u2019 and act in a way which is \u2018proportionate, consistent, transparent and accountable\u2019 is prescribed in legislation. Any move away from this, particularly when strengthening the Regulator\u2019s powers in relation to how it enforces the consumer standards, would require a change in law.<\/p>\n\n\n\n

Given Brexit, trade talks, Covid-19, a worldwide economic crisis etc. any legal amendment to give effect to a strengthened Regulatory role has, understandably, not been tabled. Similarly, the Regulator simply doesn\u2019t have the resources available currently to absorb a proactive approach to regulation of the consumer standards.
However, the Regulator has reiterated that all housing providers should be able to demonstrate compliance across all aspects of the consumer standards. This includes how providers engage with tenants, how neighbourhood issues are dealt with and that tenants\u2019 homes are safe and meet the full range of statutory health and safety obligations.<\/p>\n\n\n\n

The 2018\/19 English Housing Survey concluded that private tenants were more satisfied than social tenants. There\u2019s plenty of discourse as to why this is so but, in short, the results arguably demonstrate that there\u2019s still a lot to be done when it comes to empowering social housing tenants. Since the SHGP there has been a lack of government action in relation to this point but the sector is leading the way regardless. Lots of organisations are prioritising tenant engagement within business plans. <\/p>\n\n\n\n

The National Housing Federation\u2019s \u2018Together with Tenants\u2019 charter (the
\u201cCharter\u201d) launched, with 133 \u2018early adopter\u2019 housing associations signing up to it. The Charter aims to make housing associations more accountable to tenants. The National Housing Federation also released the final consultation on its Code of Governance (the \u201cdraft Code\u201d) in early August. The draft Code, which was built on the back of sector responses to the initial consultation, contains more emphasis on accountability to stakeholders, including residents. It includes new explicit requirements for:<\/p>\n\n\n\n