Source · Select Committees · Housing, Communities and Local Government Committee
Recommendation 40
40
Acknowledged
Paragraph: 154
The Regulator of Social Housing is independent of the Government and is alone responsible for...
Conclusion
The Regulator of Social Housing is independent of the Government and is alone responsible for the interpretation of its statutory duties. It interprets its duty to minimise intervention and act proportionately to mean that it should only find a provider non-compliant with the consumer standards if it also finds evidence of systemic failure. The application of this ‘systemic failure’ test has resulted in perhaps the most passive consumer regulatory regime permissible under the Housing and Regeneration Act 2008. It has also opened up a clear and worrying gap between the remit of the Housing Ombudsman, which investigates individual complaints, and that of the regulator. As happened at the Eastfields estate, it is possible under the ‘systemic failure’ test for a provider to be guilty of very serious mismanagement affecting dozens of tenants and not be found in breach of the standards.
Government Response Summary
The Department engages regularly with the Regulator to understand how it is discharging its duties and to ensure that the Department’s policy intentions are understood. The Department welcomes the Committee’s views on the Regulator’s interpretation and will raise these points with the Regulator. The Government has amended the Social Housing (Regulation) Bill to remove the ‘serious detriment’ test.
Paragraph Reference:
154
Government Response
Acknowledged
HM Government
Acknowledged
The Regulator of Social Housing is independent of the Government and is alone responsible for the interpretation of its statutory duties. The Regulator must interpret and discharge its statutory duties in a way that is consistent with Parliament’s intention. The Department engages regularly with the Regulator to understand how it is discharging its duties and to ensure that the Department’s policy intentions are understood. The Department welcomes the Committee’s views on the Regulator’s interpretation and will raise these points with the Regulator. The Government has amended the Social Housing (Regulation) Bill to remove the ‘serious detriment’ test.