Friday, 10 September 2010

Love is all we need

Smaller housing associations may suffer from a lack of support under the new regulatory regime, reports Philippa Ward

Amid all the joy at lightertouch regulation under the Tenant Service Authority, it comes as a surprise to learn that some housing associations are less happy to be left to their own devices.

Small housing associations – those with fewer than 1,000 units – are not inspected unless they run into problems. The principle of ‘proportionate’ regulation in the proposed TSA framework published last month also tips the scales towards larger organisations. TSA resources are expected to shrink with coming public sector spending cuts, so intervention and support are likely to contract further.

As such, small associations must look to develop their own system of self-regulation, according to Simon Dow, former Housing Corporation head and chief executive of the Guinness Trust. Speaking to a meeting of small London-based associations last month, he told them: ‘You are unlikely to be regulated unless things go really badly wrong.’ (Inside Housing, 11 November)

While some smaller housing associations are pleased about less intervention, others are unhappy. Radojka Miljevic, senior consultant at Campbell Tickell, says that there is a definite split in attitude. ‘Some prefer external validation for their partnering and so on, while you’ll find other people who are just relieved they are under 1,000 units if there’s a prospect of less paperwork.’

However, the message coming from many smaller housing associations is that they want attention from the regulator, and not only when they are in trouble. The TSA approach of ‘proportionate’ regulation would give most attention to the riskiest social landlords – which must take size into account. Small housing associations made up 78 per cent of all social housing providers and more than 1,300 were registered with the regulator last year. But the ripples if a tanker with thousands of homes goes under will be much larger than if a dinghy of 200 homes sinks, so that is where the TSA will put its resources.

Fair enough – but smaller housing associations still want support and benchmarking. According to Elizabeth Clarson, chief executive of Housing for Women and chair of the G320 group of smaller housing associations, regulation isn’t just useful to prevent failure. It is a way for tenants to get an independent rating of their landlord. She explains: ‘Tenants of all housing associations have a right to know how their association is doing – I think there is a discussion to be had around how that information can be collated and published.’

Independent rating can also be very useful when small associations come to look for partnerships and want to be able to demonstrate cross-sector, in language that everyone can understand, that they work to the highest standards. At the moment, the only thing that smaller associations can offer is their audited accounts, which may not tell the whole story, according to Lara Oyedele, chief executive of Odu-Dua housing association.

‘We know that as much as we don’t want any more forms to fill in, we don’t have any independent accreditation or definition of how good we are compared to our peers. All we have to give is our audited accounts, there is nothing that assesses our performance,’ she explains.

The Housing Corporation was concerned enough about smaller associations needing some extra love that in its final months it commissioned a report from Campbell Tickell, published in March 2008, which included some recommendations for the new regulator (see box opposite).

Dr Miljevic wrote the report and says that peer networking and benchmarking are the most important things that smaller associations can do to keep ahead on best practice – and the TSA can help with this.

‘The key thing is, how do they learn from others?’ she says. Dr Miljevic thinks it is likely that the associations that are most vocal about wanting more support are unlikely to run into problems and are probably well run. Of more concern are the small housing associations – often below 250 units – who don’t know what they are lacking. They are also less likely to have rigorous board scrutiny, as their boards are often recruited by word of mouth, not external recruitment.

‘Tenants could be more at risk from a small housing association with 75 dilapidated units, they are more vulnerable because they don’t have checks and balances.’ She hastens to add that this doesn’t mean tenants are in danger, just that they might not know what they are entitled to. ‘If you’re really small, things like decent homes can be really hard. In thinking about promoting choice and every tenant matters, some tenants [of the smallest landlords] may be unaware that they should have more.’

If you are a small association, everything is more expensive because you can’t buy in bulk. Networking associations can help with shared procurement, joint staff conferences and training, and joint tenant communication. However, those kind of partnerships can’t cover everything and solid board recruitment is one area where extra resources may be needed – which again, can be found in the Housing Corporation’s recommendations.

The TSA has a lot on its plate just now but it must not neglect to support and value smaller housing associations, where a little can go a long way.

Minority report

All the issues that small housing associations face, the BME sector encounters too. With the demise of Ujima and Presentation, there are no large independent black and minority ethnic housing associations. In addition, the sector is feeling a lack of support from the regulator: there is little doubt that they are feeling neglected.

Leslie Lanyan, chief executive of Shian Housing Association, wants a clearer message from the new regulator that it supports the BME sector as a concept. ‘The Corporation always used to say it was proud of the sector. We at Shian are quite worried about the [future of the] sector – we even buried a time capsule about its history because of that.’

The chair of BME National, Lara Oyedele, also wants a clearer message of support. ‘The TSA is sitting on the fence about whether there is a need for the BME housing association sector. I’m not asking for special treatment but it is a fundamental point for future planning.’

Whether or not they get assurance, the TSA seems to be sticking firmly to its core message – that everyone will be treated the same, proportionality aside. ‘We’re not taking the position of being supportive or unsupportive of BME housing associations. We don’t see any particular need to approach them differently: standards will apply across the board,’ says Phil Morgan, executive director of Tenant Services a the TSA.

But Ibrahim Ali of Karin Housing Association is clear on why BME organisations should be supported and nurtured, because they provide something that larger associations cannot. ‘We are very closely connected to the community, in terms of their needs and problems. The big housing associations don’t have people on their board, in their senior management, who are culturally, linguistically, economically, socially aware,’ he says. ‘They can house people but cannot provide cultural understanding.’

Standing up for the little guys

Areas where small housing associations need most help

  • Keeping up to date with legislation
  • Complying with regulatory requirements
  • Board recruitment and retention
  • Training A Measuring performance
  • Good practice

The new regulator should look at

  • Governance
  • Evaluate provision for board training. Gauge the suitability of conference fees and locations
  • Gauge possibilities for recruiting new board members professionally and cost-effectively
  • An initiative to attract experienced housing professionals to serve on boards for a finite time span
  • Support and encourage small associations to keep in touch with each other

Better access to support and guidance

  • Ensure that information is available to organisations without internet access
  • Create regularly updated signposting to important information sources and a need to know map
  • A special web page for small associations
  • Consider how to create and direct a resource on mainstream policies and procedures

Partnership and capacity building:

  • Channel information through umbrella bodies, working collaboratively
  • Consider building mutual support networks and seed fund them

Source: Provision of support and guidance for small housing associations, Housing Corporation, March 2008

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