Meeting the data governance challenge of STAIRs

The aim of STAIRs is to give tenants fair access to housing information, therefore increasing transparency and accountability to tenants. Once the scheme is implemented, tenants or their representatives will be able to access information proactively published by their housing association or make an information request.

However, it is not yet certain what information landlords will be obligated to provide. As things stand, there is no exhaustive list of documents that are in scope, although landlords have been advised that a broad range of information categories should be made available, including information about governance and housing management, spending and performance.

Information related to these broad subject categories should be treated as ‘in scope’ by default, and any decision to withhold information will have to be justified on reasonable grounds.

“They will also need to consider whether there are legitimate or other reasonable grounds for refusing to divulge the information, such as data protection, confidentiality and commercial sensitivity”

Organisations preparing for the introduction of STAIRs will need to carefully assess the information they hold to decide whether it is ‘in scope’ or not. They will also need to consider whether there are legitimate or other reasonable grounds for refusing to divulge the information, such as data protection, confidentiality and commercial sensitivity.

To achieve this successfully, providers need a robust means of distinguishing ‘in scope’ information from that which is unrelated to the housing function, and that which they can legitimately withhold or otherwise release in redacted form.

For example, governance information is likely to fall within scope where it relates to how housing services are overseen and delivered. Information relating to performance, inspection outcomes, maintenance, asset management and high-level policies – including anti-social behaviour – is also likely to be disclosable to tenants, unless a decision not to publish can be clearly justified.

However, certain types of information are more likely to fall out of scope, such as legal advice, internal decision-making about individual cases and some procurement information, where disclosure could cause harm or unfairness. For successful STAIRs disclosures, providers will need to review documents carefully, redacting specific information where needed rather than withholding documents in full. They should also be able to explain the reasoning behind any redactions.

With the publication phase of STAIRs due to be implemented from October 2026, preparation must be prioritised now. A lack of preparation could mean organisations are unable to address proactive publication requirements or respond to information requests in a timely manner. For some organisations, STAIRs could highlight weaknesses in data governance that need to be addressed well in advance of implementation.

The first step is to map out all information across the organisation. Providers must be confident that their information asset register is accurate and up to date, so they can clearly identify what data exists, where it is held and who is responsible for it. Without this, it will be difficult to determine what falls within the scope of STAIRs and what can be legitimately withheld.

“Internal processes will need to support the 30-day response requirement, and complaints procedures will need to be updated to reflect the distinct STAIRs internal review route, including escalation to the Housing Ombudsman when needed”

One area that shouldn’t be overlooked is information held by third-party providers. Under STAIRs, landlords will be required to obtain relevant information held by contractors and suppliers, meaning existing and future contracts will need to mandate timely access and disclosure. This raises important questions about how current contractual agreements address information access, and whether variations might be needed to ensure compliance and mitigate risk of disputes.

The next stage is assessing risk and reasonableness. For each category of information, providers will need to consider whether it relates to their housing function, whether it is “relevant information” under STAIRs and if so, whether there are lawful and reasonable grounds for withholding or redacting it, taking account of data protection and information law principles. Providers will not be able to withhold information purely because it may attract adverse or negative publicity, nor will they be able to take into account any stated purpose for the request being made. 

Organisations must also make sure that they are operationally ready. Internal processes will need to support the 30-day response requirement, and complaints procedures will need to be updated to reflect the distinct STAIRs internal review route, including escalation to the Housing Ombudsman when needed.

Ownership and training will be crucial to successful implementation. Providers should appoint, train and support a STAIRs ‘champion’, who is responsible for implementation within their teams and will have some knowledge of information law. Staff across the wider organisation will need to understand that some information will have to be proactively published in the future and be ready to handle routine requests for information.

It is clear that, while any move to increase transparency should be welcomed, STAIRs represents a major change in data governance for providers. Organisations will have to learn to think differently about how information is created, managed and shared across their housing functions. Providers that are not prepared could find themselves at risk when these rights come into force, with possible regulatory consequences for non-compliance with the amended Transparency, Influence and Accountability Standard.

Providers that invest early in understanding their data, strengthening governance arrangements and embedding a culture of transparency will be best placed to respond confidently and consistently when the roll-out gets underway.

Ben Pumphrey, head of data governance, Anthony Collins