Property and Planning – June 20 Summary

Guidance on electrical safety regulations

Ministry of Housing, Communities and Local Government (MHCLG) has published new guidance for landlords on how best to comply with The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020. The guidance outlines what is required under the new regulations, as well as discussing how this applies under License to Occupy agreements. The guidance does not differ from what we already recommend to our members, including having electrical inspections by a qualified and competent professional.

A full breakdown from the Government can be found here

Charity and Charity Law – June 20 Summary

Duty to report matter of significance

The Charity Commission have provided an update to its guidance on a charity’s duty to report matters of significance. The COVID-19 situation has been reflected on with further advice on reporting at times of national emergency.

Increased risk of fraud and cybercrime against charities

The Commission has also warned charities about the increased risk of fraud and cybercrime during the Coronavirus pandemic. The report covers:

• Procurement fraud
• Mandate or Chief Executive Officer frauds
• Scam emails (phishing)
• Unsolicited offers of goods, services or financial support (advanced fee fraud)
• Protecting devices
• Reporting fraud

Reporting serious incidents to the Charity Commission

The Commission has provided new guidance on reporting serious incidents. The most significant update is that charities can now use the Commission’s online form. It has also published a supplementary examples document, to support charities in deciding when to report an incident related to the coronavirus pandemic.

Adult Social Care and Support – June 20 Summary

Ban on evictions extended by two months

MHCLG has extended the suspension of new evictions until 23 August. Although almshouses are not legally bound to this it is recommended that almshouses follow this guidance. A court is unlikely to rule in favour of Setting Aside due to the current unprecedented situation.

Health and Safety – June 20 Summary

Meeting people from outside your household

• The Department of Health and Social Care has updated its guidance on meeting people from outside your household (in England). The guidance states that: “if you live by yourself or are a single parent with dependent children – in other words, if there is only one adult in your home – you can expand your support network so that it includes one other household of any size.” This guidance should prove useful for almshouses which are planning to allow visitors as the lockdown eases.

Coronavirus

For further information from The Almshouse Association on Coronavirus please look here. The page is regularly updated with the most recent guidance and advice.

Previous Policy and Governance Updates:

Click here for Policy and Governance – May 2020 Summary
Click here for Policy and Governance – Apr 2020 Summary
Click here for Policy and Governance – Mar 2020 Summary
Click here for Policy and Governance – Feb 2020 Summary
Click here for Policy and Governance –Jan 2020 Summary
Click here for Policy and Governance – 2019 Summary

Posted 1 Jun 2020

The Almshouse Association agrees with the Prime Minister that this is the moment to address the issues that we have failed to deal with for decades, particularly around community housing.

Our member charities have faced difficulties in the planning stage of development and welcome an open discussion around necessary reforms to the planning process, particularly around Section 106 and its application to almshouses.

The Association also welcomes the emphasis on building back better following the Coronavirus pandemic and feel it is vital that we build with a laser-like focus on truly affordable, community housing.

Furthermore, we hope that the extra £450 million Home Building Fund will provide an opportunity for new almshouse developments, which will help to establish high quality housing which is rooted in the community. We look forward to working with the government as it develops its proposals and hope to show why almshouses can provide part of the solution to our current housing crisis.   

Full Government press release can be found here

Posted 30 June 2020

The Almshouse Association is concerned by the apparent inconsistency in the affordable housing allocation with local authorities, particularly around Section 106 of the Town and Country Planning Act 1990, which have been highlighted by the debate around the Westferry Printworks development.

It would appear that developers were keen to significantly reduce the percentage of affordable housing in their developments at a time when affordable homes are out of reach for so many.

Our member charities have repeatedly faced difficulties due to Section 106 even though their core function is to provide truly affordable housing. Almhouses should be exempt from Section 106 agreements because of this, yet our members have struggled with officials who misunderstand the remit of the agreements or the work of almshouses.

The Almshouse Association has long recognised that in order to promote more development of affordable housing, barriers to almshouses development need to be removed. Currently many local planning departments do not recognise almshouse charities as “affordable housing providers” as the terms used in the planning guidance PPG, refer to ‘Registered Providers of affordable housing‘. Many almshouse charities, established and run by the local community, are not ‘Registered Providers’, (although they are all registered with the Charity Commission and they provide affordable housing). We would like this guidance amended to refer to “a preference for Not for profit Affordable Housing Providers”.

The Almshouse Association believes that where a local planning provision is made for a Section 106 levy to be applied to commercial developers for affordable housing, it should be complied with. This would lead to greater opportunities for the provision of affordable housing.

Almshouse Association CEO Nick Phillips said:

“The question seems to be about a fair playing field in terms of developers required to contribute to building affordable homes. People talk about the “housing crisis” but the charities we represent report the real challenge is an “affordable housing crisis” and that section 106 is designed to be a way of providing communities with affordable housing. “

The Association welcomes consistency and the support of proper affordable community housing for those in the local community. We look forward to continuing our work with the government and local authorities to increase the national stock of truly affordable, community led housing

What is Section 106 ?
A section 106 agreement is an agreement between a developer and a local planning authority about measures that the developer must take to reduce their impact on the community. A section 106 agreement is designed to make a development possible that would otherwise not be possible, by obtaining concessions and contributions from the developer.  It forms a section of the Town And Country Planning Act 1990.

Posted 29 Jun 2020

The Almshouse Association is pleased to report that MPs continue to respond to our letters regarding support for almshouse charities.

Following a letter sent by Harriett Baldwin MP to the Secretary of State for Digital, Culture, Media and Sport, Oliver Dowden, raising almshouse concerns during the coronavirus pandemic, the Department for Digital, Culture, Media & Sport has responded to the Association.

Mrs Baldwin, MP for West Worcestershire, kindly wrote to the Secretary of State on behalf of The Almshouse Association following the Association highlighting the challenges that almshouse charities were facing due to coronavirus earlier this year.

The challenges included funding, coronavirus testing and the supply of PPE. The letter prompted a response in the form of a letter from Parliamentary Under Secretary of State for Civil Society, Baroness Barran, writing on behalf of Mr Dowden and his department. This letter praised the work of almshouse charities during the coronavirus pandemic before going onto highlight the work that has been done to ensure that the concerns raised. The letter can be found in full here:

Covering Letter from Harriett Baldwin MP enclosing
Letter from Baroness Barran

More MP letters of support can be found below:

Letter from John Stephenson MP
Letter from Derek Thomas MP

Related news items:

Almshouse Represented in the House of Lords – 10 June 2020
Government responds to MPs questions – 18 May 2020
Treasury writes to Association – 18 May 2020
MP presses Government on almshouse issues – 13 May 2020
MP Will Quince responds to the Association – 6 May 2020
MPs respond to Association – 30 April 20
Association represents almshouses to Government – 30 Mar 20

Posted 23 June 2020

Housing – May 20 Summary

Ministry of Housing, Communities and Local Government (MHCLG) updates

MHCLG has published a letter that outlines the support that the Government has put in place for social housing residents. While the letter is not specific to almshouses, it contains several useful points, including information around moving residents in and out, changes to maintenance and gas safety work, support for vulnerable people and much more.

Other roundups – May 20 Summary

Coronavirus safer public places – urban centres and green spaces: MHCLG has published guidance for the owners and operators of urban centres and green spaces in order to help social distancing during the COVID-19 pandemic. The guidance provides useful recommendations for almshouses that have shared gardens on how they can be used safely.

DCMS Committee – report on the Covid-19 crisis and charities: The Commons DCMS Committee has published a report on The Covid-19 crisis and charities. The report covers the changes in quantity and nature of demand placed on charities during the coronavirus pandemic, the challenges charities face in accessing support and how charities adapt.

Adult social care and support for tenants – May 20 Summary

Provision of home care: The Department of Health and Social Care has published a collation of guidance that aims to answer frequently asked questions from registered providers, social care staff, local authorities and commissioners who support and deliver care to people in their own homes, including supported living settings, in England. This guidance is useful to any almshouse charities who have any sort of care role over their residents.

Health and safety – May 20 Summary

Gas safety: The HSE guidance now includes specific information for residents about what to expect, how engineers will work safely and what to do if you’re shielding or experiencing symptoms ( See 18 May Covid-19 update article on this) and also sets out a number of scenarios to help landlords understand what may be considered reasonable steps, to demonstrate compliance with duties to check appliances annually . Many of these scenarios are likely to apply to almshouses.

Previous Policy and Governance Updates:

Click here for Policy and Governance – Apr 2020 Summary
Click here for Policy and Governance – Mar 2020 Summary
Click here for Policy and Governance – Feb 2020 Summary
Click here for Policy and Governance –Jan 2020 Summary
Click here for Policy and Governance – 2019 Summary

Posted 10 June 2020

It is understood that the BBC is still looking to withdraw free TV licences for the over-75s who are not on pension credit from 1 August 2020.

This has prompted some of our members to contact the TV Licensing Help Centre for guidance on how to apply for TV licences for their residents – particularly if the charity has an ARC concessionary TV licence.

The feedback our members have received and the information published on the TV Licensing website has not been consistent and the Association is in the process of obtaining clarification from the BBC.

In the meantime, our understanding is as per the below:

• As of 1^st August 2020, residents who are over 75 years of age and who live in an almshouse with an ARC TV licence will have to pay the concessionary fee of £7.50 unless they are on pension credit. The charity will need to add the resident to their existing ARC scheme if they have not already done so.

• If a resident is already 75, or will turn 75 before 1 August 2020, they can apply for a free TV Licence to cover them up until 31 July 2020.  The free licence has to be applied for and residents will not  automatically get one on their 75th birthday. If the resident is not in receipt of pension credit and does not live in an almshouse with an ARC licence, they will need to pay for a full TV licence from 1 August 2020.

For current information please refer to the link below:

 https://www.tvlicensing.co.uk/check-if-you-need-one/for-your-home/aged-74-and-over-aud3

The Almshouse Association will update this information following clarification from the BBC.

Posted 21 May 2020