Webinar: Risk Assessments
Date: Thursday 18 May 2023, 10am
Host: John Lewis – Integral Safety Ltd
Duration: 1 hour

The Almshouse Association is delighted to welcome John Lewis, Managing Director of Integral Safety Ltd and Almshouse Association Panel Consultant to host a webinar on the subject of Risk Assessments.

John set up Integral Safety Ltd three years ago to specialise in auditing, training, policy and document creation and review and has 15 years’ experience working with social housing and almshouse charities.

In this webinar, John will discuss why risk assessments are important, how to complete a risk assessment and provide further information a charity will need to be compliant in this area. There will be an opportunity at the end of the webinar to ask any questions.

To register for this webinar please click below:

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After registering, you will receive a confirmation email containing information about joining the webinar.

The webinar recording and slides will be available here after the event.

posted 27 April 2023

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Changes introduced by the Charities Act 2022

The Charity Commission has published the changes being introduced by the Charities Act 2022 (the Act), which amends the Charities Act 2011.

Some of the changes that are due to come into effect spring 2023, others came into force on 31 October 2022. The final set of changes are due to come into effect in autumn 2023. An overview of the full changes can be found via Charities Act 2022: implementation plan.

Below is a short summary of the changes due to come into effect in Spring 2023. The Charity Commission will publish the updated guidance on these topics on the day the provisions are implemented.

Changes due to be introduced in Spring 2023

• Selling, leasing or otherwise disposing of charity land – charities must comply with certain legal requirements before they dispose of charity land. Disposal can include selling, transferring or leasing charity land. The Act will simplify some of these legal requirements. The changes will include:
  • widening the category of designated advisers who can provide charities with advice on certain disposals
  • confirming that a trustee, officer or employee can provide advice on a disposal if they meet the relevant requirements
  • giving trustees discretion to decide how to advertise a proposed disposal of charity land
  • removing the requirement for charities to get Commission authority to grant a residential lease to a charity employee for a short periodic or fixed term tenancy – (For the avoidance of doubt, however, almshouses cannot be ‘leased’ to anyone other than a beneficiary.)
  • clarifying the legal requirements that apply when a charity is selling, leasing or otherwise disposing of land to another charity
  • updating the statements and certificates that must be included in disposal or mortgage documents for charity land

• Using permanent endowment – permanent endowment is property that your charity must keep rather than spend. The Act will introduce new statutory powers to enable:
  • charities to spend, in certain circumstances, from a ‘smaller value’ permanent endowment fund of £25,000 or less without Commission authority
  • certain charities to borrow up to 25% of the value of their permanent endowment fund without Commission authority
    
    Charities that cannot use the statutory powers will require Charity Commission authority. A new statutory power will enable charities that have opted into a total return approach to investment to use permanent endowment to make social investments with a negative or uncertain financial return, provided any losses are offset by other gains.

• Charity names – The Commission can currently direct a charity to change its name if it is too similar to another charity’s name or is offensive or misleading. The Act will enable the Commission to:
  • direct a charity to stop using a working name if it is too similar to another charity’s name or is offensive or misleading. A working name is any name used to identify a charity and under which the activities of the charity are carried out. For example, ‘Comic Relief’ is the working name of the charity ‘Charity Projects’
  • delay registration of a charity with an unsuitable name or delay entry of a new unsuitable name onto the Register of Charities
  • use its powers in relation to exempt charities in consultation with the principal regulator

• Other provisions – The definition of a connected person will be updated to remove outdated

Changes that came into force on 31 October 2022

• Paying trustees for providing services or goods to the charity
  
  Charities now have a statutory power to pay trustees for providing goods alone to the charity in certain circumstances. Using the new statutory power, trustees can be paid for:
  • services only, for example estate agency or computer consultancy
  • services and associated goods, for example plumbing or painting service and any associated materials such as plumbing parts or paint
  • goods only, for example supplying stationery to the charity

See the following guidance:
Payment to charity trustees: what the rules are
Trustee expenses and payments (CC11)

• Fundraising appeals that do not raise enough or raise too much
  
  There are now simpler requirements for trustees to follow if an appeal does not raise the amount needed to deliver its aim, raises too much or circumstances change and the donations cannot be used as intended.

See the following guidance:
Charity fundraising appeals for specific purposes
plus a blog produced by the Fundraising Regulator about these changes.

• Power to amend Royal Charters – These charities have a new statutory power to change sections in their Royal Charter with approval from the Privy Council.

See the following guidance:
Royal Charter charities

In addition, the following changes are now in effect:

• the Charity Tribunal has the power to make “authorised costs orders” following an application by a charity.
  see guidance about decision reviews and the Charity Tribunal
• the Commission’s scheme-making powers include making schemes for charitable companies
• trust corporation status is automatically conferred on existing and future corporate charities in respect of any charitable trust of which the corporation is (or, in the future, becomes) a trustee
• updated provisions relating to giving public notice to written consents and orders of the Charity Commission under various sections of the Charities Act 2011
• when a charity amends its governing document by parliamentary scheme under section 73 of the Charities Act 2011, the scheme will by default always be under a lighter touch parliamentary process (known as the negative parliamentary procedure)

posted 5 April 2023

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Webinar: Role of the Clerk
Date: Thursday 27^th April, 11am – 12 noon
Host: Jennifer Millard from Millard Consultants

The Almshouse Association is delighted to welcome Jennifer Millard from Millard Consultants to host a webinar on The Role of the Clerk.

Millard Consultants was founded in 2020 by Jennifer Millard to offer a professional, experienced, and qualified service to almshouse charities. Millard Consultants now manages, on a retained basis, a significant worth of estates for local charities.

In this webinar, Jennifer will explore a range of areas significant to a clerks role including, but not limited to:

• Administrative Duties
• Charity Governance
• Estate Management
• Communication with residents
• Agendas & Minutes
• Trustee Recruitment & Appointment
• Charity Commission
• Policies
• …and more

There will be an opportunity at the end of the webinar to ask any questions.

To register for this webinar please click below:

After registering, you will receive a confirmation email containing information about joining the webinar. The webinar recording and slides will be available to members on our website after the event.

Posted 29 March 2023

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Latest Policy and Governance legislation that could impact and/or may require action from our member charities, with links to further information where applicable.

Department for Levelling Up, Housing and Communities

• DLUHC consultation seeking views on revised Directions from the Secretary of State to the Regulator of Social Housing in relation to Tenant Involvement and Mutual Exchange is now closed. Full details of consultation can be found here.
  
  Thank you to all our members for their comments; the Association has now submitted our response, a copy of which can be downloaded here.
  
  To summarise, we have put forward the following:
  • Tenant involvement and consultation is good practice but being a trustee of a charity carries responsibilities and liabilities beyond today’s housing needs. Often a charity will have many objectives including the long term sustainability of the charity. It is not good practice to ask a resident to take on the responsibility and liability of running an almshouse charity. They will very quickly find there is a conflict of interest. Methods of proper engagement and consultation with residents are good and common practice. Almshouses cannot effectively take on the model of Mutual Exchange programme as trustees must appoint residents based on their fit with the Governing documents of the charity and not on any other basis. Some charities, however, would benefit from offering vacancies on such a scheme to those who match the criteria of the Governing Documents.

• The next consultation underway is the Community Infrastructure Levy Technical Consultation. Although there is no direct opportunity to comment on affordable housing definition, we will work with DLUC to to ensure that almshouse charities are recognised as ‘affordable housing’ and beneficiaries of the CIL. Please do let us know if you have any thoughts on the CIL consultation – Link. – Technical consultation on the Infrastructure Levy – GOV.UK (www.gov.uk)

Standards of Almshouse Management

The new edition of Standards of Almshouse Management has now been live on our website for almost 3 months.

We would be interested to receive your feedback on this latest edition. Is there anything you feel is missing that you would like to see included? Please email admin@almshouses.org with your comments.

STANDARDS OF ALMSHOUSE MANAGEMENT 2023 | (almshouses.org)

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posted 27 March 2023

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Department for Levelling Up, Housing and Communities consultation seeks views on revised Directions from the Secretary of State to the Regulator of Social Housing in relation to Tenant Involvement and Mutual Exchange.

The Regulator will review its consumer standards later this year, which is a key step to implementing the new regime. Ahead of this, the Secretary of State for Levelling Up, Housing and Communities will issue revised directions to the Regulator which will instruct on the contents of the standards in two areas:

• tenant involvement and
• mutual exchange.

The tenant involvement direction includes requiring engagement opportunities to be meaningful, giving “tenants” greater opportunity to scrutinise their “landlords’” activities and offering support so all tenants can engage with involvement activities.

The mutual exchange direction covers tenants’ right to access a service that helps them exchange their property with other social housing tenants. This has been revised to give providers more freedom in how they allow tenants to access mutual exchange services and require providers to support tenants who might otherwise be unable to use the service.

Our contacts at DLUC have urged us to comment on this consultation paper, the full details of which can be found here.

It is not easy to respond to a consultation which does not seem to fit well with the almshouse model itself, however, the overriding factor that must be conveyed is our support for the highest standards in providing warm, safe and secure homes. The Association will continue to work with the Charity Commission and the Regulator to explore how their objectives can be met in ways that are consistent with small charities delivering a very unique form of housing.

Our draft response can be downloaded here. If you have any comments on the consultation and/or our response, please email nickphillips@almshouses.org before 25th March 2023.

14 March 2023

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Latest Policy and Governance legislation that could impact and/or may require action from our member charities, with links to further information where applicable.

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The Energy Bill Relief Scheme (EBRS)currently provides a discount on wholesale gas and electricity prices for all non-domestic consumers. This includes public sector organisations, voluntary sector organisations like charities, and businesses.

The scheme came into effect on 1 October 2022 and was always intended to run until 31 March 2023.

The EBRS was designed as a temporary 6-month measure to protect non-domestic consumers from soaring energy costs, cutting the cost of power bills and providing them with the certainty they needed to plan through the acute crisis this winter.

In light of this, the significant intervention was brought in to help keep people in jobs, prevent unnecessary insolvencies and afford breathing space for businesses to identify measures that protect themselves from high energy costs.

The government has been clear that such levels of support were time-limited and intended as a bridge to allow businesses to adapt. The latest data shows wholesale gas prices have now fallen to levels that applied just before Putin’s invasion of Ukraine and have almost halved since the current scheme was announced.

The new scheme therefore strikes a balance between supporting businesses over the next 12 months and limiting taxpayers’ exposure to volatile energy markets, with a cap set at £5.5 billion based on estimated volumes.

The EBDS will run for 12 months from 1 April 2023 to 31 March 2024.

The amount your bills will be reduced

As per the current scheme the government will provide a discount on your gas and electricity unit prices. Eligible non-domestic consumers will now receive a per-unit discount to their energy bills during the 12-month period from April 2023 to March 2024, subject to a maximum discount. The relative discount will be applied if wholesale prices are above a certain price threshold. For most non-domestic energy users in Great Britain and Northern Ireland these maximum discounts have been set at:

• electricity – £19.61 per megawatt hour (MWh) with a price threshold of £302 per MWh.
• gas – £6.97 per MWh with a price threshold of £107 per MWh

For full details on the Energy Bills Discount Scheme, please go to: https://www.gov.uk/guidance/energy-bills-discount-scheme

posted 6 March 2023

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Latest Policy and Governance legislation that could impact and/or may require action from our member charities, with links to further information where applicable.

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As a result of the latest government action to improve standards and improve the lives of social housing residents, Regulated Social Housing Managers will now need a professional qualification to manage properties.

• Professional qualifications are now to be made mandatory for social housing managers, ensuring residents receive a high-quality service and rapidly professionalise the sector
• Part of the Social Housing (Regulations) Bill which will give Regulator tough new powers to hold landlords to account

It was announced by Housing Secretary, Michael Gove (26 Feb 23) that Social Housing managers must gain professional qualifications under new rules to protect residents and raise standards in the sector.

Around 25,000 managers across the sector will now be required to have an appropriate level housing management qualification regulated by OfQual equivalent to a Level 4 or 5 Certificate or Diploma in Housing, or a foundation degree from the Chartered Institute of Housing.

The changes will be made through amendments to the Social Housing (Regulation) Bill which will drive up standards in the sector and hold landlords to account over the service they provide to their tenants. The Bill will also give the Regulator tough new powers – allowing them to enter properties with only 48 hours’ notice and make emergency repairs with landlords footing the bill.

It follows Awaab’s Law, introduced earlier this year in the wake of the tragic death of two-year-old Awaab Ishak, which will force social landlords to fix damp and mould within strict time limits.

“Today’s new requirements will professionalise and drive the culture change needed in the sector, ensuring residents receive a high level of service and are treated with respect at all times. While many managers already provide a high quality professional service, not all do. This will ensure that all managers have the skills and qualifications they need.”

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This aspect of the Social Housing Bill was announced yesterday and there is currently no detail about what that would look like or how appropriate it would be to managing a small group of almshouses. Generally, we see any additional knowledge as a good thing but until we see the detail will reserve judgement about how relevant it is to our members.

The new CPD accredited Almshouse Trustee and Clerk Training, ‘The Almshouse Way’, which is based on the latest edition of Standards of Almshouse Management, may be a way of offering the Regulator of Social Housing satisfaction that our members are being trained specifically in relation to the management of homes within the charity context. It may be that the professional qualification they refer to in their press release, as yet unspecified, will be a really valuable qualification. However, as the Regulator of Social Housing is designed for Housing Associations managing over 1,000 units it may be geared towards data gathering and mass building management. The Almshouse Association will monitor and report to members.

posted 27 February 23

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Charity Commission launches a new push on trustee guides as sector faces challenging year with ‘Here to help’ 5-minute guides, raising awareness of core trustee duties.

The Charity Commission’s latest research shows that just 7 out of 10 trustees answered basic role requirements correctly – demonstrating a knowledge gap that could lead to unintentional governance failings. Their 5-minute guides act as a core syllabus offering trustees engaging, informative content covering the basics all trustees should know. The Commission encourages trustees to refresh their knowledge and fill any gaps so that they can best serve their charities – and those who rely on them.

The core suite of 5-minute guides covers advice on the following subject areas (click on the links to access):

• Delivering purpose – how to use your charity’s governing document, how to deliver on your charity’s purposes and the law.
• Managing finances – how to ensure your charity’s money is safe, properly used and accounted for.
• Conflicts of interest – how to identify and deal with conflicts of interest in your charity.
• Making decisions – advice on how to make valid trustee decisions that are in your charity’s best interests.
• Reporting information – how and what you need to report to the Commission.
• Safeguarding people – your responsibilities to keep everyone who comes into contact with your charity safe from harm.
• Political activity & campaigning – charities that want to support, or oppose, a change in government policy or the law.

Each guide is accompanied by a video (apart from Political activity and campaigning) which can be accessed either by clicking on the links above or the video screenshots below:

posted 7 February 2023

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Ombudsman issues evaluation of responses to damp and mould report as complaints continue to rise

2 February 2023

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“The Housing Ombudsman has provided an analysis of responses from landlords to the Spotlight report one year on and proposed ten ‘key tests’ for landlords who are producing action plans, as the sector reflects on the inquest into the death of Awaab Ishak and the continued influx of damp and mould cases.

We have issued an updated damp and mould report, alongside an evaluation of how landlords responded to the recommendations made almost sixteen months ago and reflecting the renewed focus on damp and mould after the inquest into the death of Awaab Ishak.

It comes as we recorded a 77% increase (3,530) in the number of enquiries and complaints and damp, mould and leaks from 2020-21 to 2021-22. So far this year there have been 3,969 enquiries and complaints.

Building on the Spotlight report, which has been downloaded over 5,000 times since publication, we have identified ten key tests for governing bodies to evaluate its organisation’s response to damp and mould, and highlighted areas that need continued focus: legal proceedings, fairness, good governance and continued learning.

The tests in this report should be used to help respond to the 26 in the original Spotlight report and the sector should use this as a framework for conducting a self-assessment and creating an action plan.

Analysing the response from various landlords from across the country we found that, following the Spotlight report, 35% of them now have a specific damp and mould policy with streamlined processes for identifying and responding to damp and mould reports. A further 12% said they were in the process of implementing one.

There was also plenty of good practice detailed, including installing sensors, carrying out property MOTs, and undertaking root cause analysis modelling and staff training.

However, there were still areas of concern. Some landlords had removed words such as ‘lifestyle’ from their policies but replaced them with euphemisms such as ‘internal environmental factors’.

And while landlords should use the complaints procedure until legal proceedings have been issued, there continues to be misinterpretation and a lack of clarity around what is meant by legal proceedings.

Some complaints policies exclude matters subject to legal proceedings but are not clear that this does not cover the pre-action protocol. Other policies incorrectly state that legal proceedings means instructing a solicitor and/or issuing a letter before claim.”

Read the report

Open letter to member landlords on damp and mould – November 2022

Richard Blakeway, Housing Ombudsman, said: “The inquest into the death of Awaab Ishak has focused the minds of the sector. But we are continually finding in our casework that landlords have not responded to this issue with sufficient urgency.

“I welcome the work that many landlords are doing to strengthen their approach following the coroner’s report.  Our Spotlight report and this evaluation are invaluable tools to support that.

“Landlords need to have a sustained focus on culture and behaviours to ensure issues are not dismissed. The human impact and consequence of the creeping normalisation of poor culture was highlighted by the death of Awaab Ishak.

“It is disappointing when we conducted our review how few landlords had acted to implement a dedicated damp and mould policy, despite there being a clear and driving need to have a bespoke response for these reports given the shortcomings identified in our casework.

“The ‘golden thread’ running throughout the Spotlight report recommendations was good governance and continued learning, as it affects both policy and process, as well as front-line delivery.

“I would encourage governing bodies to consider our ten ‘key tests’ when reviewing plans, and for landlords where this is not happening, for them to create an action plan to support a proactive response.

“I know this is now a priority for many landlords, but I would urge senior leaders to go faster and further in their efforts to do what is right by their residents.”

The 10 tests are as follows:

• Find your silence – who’s not using your complaints system and why? Some landlords see high complaints as a bad thing, but high complaints about damp and mould can be a sign that you are open and transparent, and people feel they can complaint
• Proactive communications strategy – Damp and mould cases are out there, and you need to engage with that. But our call for evidence also highlighted that landlords are often doing quite a lot in this space and their residents have no idea. Don’t patronise, don’t be obscure and make sure you use every day terms – the advice needs to be helpful and understandable
• Treat residents fairly – It isn’t their fault they are in a home unsuitable for living or currently in a property that is marked for regeneration/demolition
• Improve record keeping – How can you adopt an intelligence-based front foot if you have no data on what you’re dealing with? How can you ensure that the left hand knows what the right hand is doing if nothing is recorded? We’ll soon be releasing a Spotlight report on this issue for you to engage with
• Know your residents – Occupancy factors may include overcrowding and the availability and use of heating and ventilation systems. They also include individual circumstances such as disability, financial hardship, and health conditions
• Check net zero plans – Electric heating costs more than gas. If you’re net zero strategy is pushing people into hardship, need to make sure you’re making mitigations
• Know your homes – Structural factors include property age, design, and modifications. For example, certain types of properties such as converted street properties, buildings of concrete construction or traditional solid type construction are more susceptible to damp and mould than others
• Dedicated damp and mould strategy – Create one by looking wider than the individual cases. Use your void periods and mutual exchanges too
• Empower staff – if they’re in a property for something else, help them clock the signs. We encourage landlords to consider the Chartered Institute of Housing’s Professional Standards if they have not already done so
• Use the complaints system to learn – Be robust in using the complaints process until such time as proceedings are filed.

Following the release of this guidance, the Housing Ombudsman will be running a webinar on 14 March at 12pm. They will share both good practice and where they are still seeing landlords go wrong on damp and mould. See registration details.

posted 2 February 2023

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