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The government is dragging its feet on regulation of supported exempt accommodation

The stalled regulation of supported exempt accommodation is leaving those most vulnerable at risk and driving away much-needed investment, writes Charlotte Cook, partner at Winckworth Sherwood

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LinkedIn IHThe stalled regulation of supported exempt accommodation is leaving those most vulnerable at risk and driving away much-needed investment, writes Charlotte Cook, partner at Winckworth Sherwood #UKhousing

It’s been more than six months since the closure of the consultation exploring proposals for implementing regulation following the Supported Housing (Regulatory Oversight) Act 2023.

The consultation proposed to introduce a locally led licensing regime for supported housing across England, as well as new National Supported Housing Standards. It also sought views from providers on changes to housing benefit regulations to ensure that supported housing is of good quality and delivers value for money for the taxpayer.

Opening the consultation, Rushanara Ali and Sir Stephen Timms said those “living in supported housing deserve good quality support and accommodation” and that it helps “improve their quality of life, their well-being, their health and their employment prospects”. They recognised that some of the most vulnerable people in our society are still not being afforded the opportunity to live as independently as possible.


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Yet, despite promising a response before the summer recess, there has been a worrying silence that is sadly indicative of the regard given to exempt accommodation that supports some of the most vulnerable in society. Even more worryingly, it is driving away much-needed investment in the sector.

Supported exempt accommodation encompasses a wide range of properties where residents need care support or supervision. They include everything from refuges for those escaping domestic violence to hostels providing temporary accommodation.

“There has been a worrying silence that is sadly indicative of the regard given to exempt accommodation that supports some of the most vulnerable in society”

It caters for those who are the most vulnerable, often struggling with addictions, mental or physical ill health, and those being rehabilitated into society. It has attracted a wide range of landlords, including local authorities, social housing providers and private landlord investors.

While many of these landlords provide exceptionally high standards of accommodation and care, there are also those that do not. And the lack of effective regulation is widely recognised as a national scandal.

So what are we waiting for? The act sets out timings for compliance – within one year of the date of regulations being made. Yet we are still waiting.

In the case of delay, the act states that the secretary of state “may” prepare and publish National Standards for England to deal with “any aspect” of the provision of supported exempt accommodation. The secretary of state could today set minimum standards in respect of the type or condition of premises and the provision of care, support or supervision. We are still waiting.

The secretary of state is also entitled to make licensing obligations in connection with those having control of or managing support exempt accommodation. Again, we are still waiting.

These delays are having a devastating impact on those who are among the most vulnerable in society. It is unfair to those providers that have the best interests of their residents at heart, while allowing those that do not to continue causing harm.

“The secretary of state could today set minimum standards in respect of the type or condition of premises and the provision of care, support or supervision. We are still waiting”

If that were not concerning enough, this prolonged delay is having a damaging impact on the future of the sector. Providers looking to invest in their housing stock, those wanting to enter the sector and potential funders need to understand the regulatory landscape. Continued delay adds uncertainty – and in a sector that badly needs investment, that is disastrous. Investment is on hold, and would-be operators are walking away.

The government has ambitious plans for the housing market, and we would urge ministers to extend that ambition to supported exempt accommodation.

Charlotte Cook, partner, Winckworth Sherwood


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