Housing Ombudsman: New Complaints Handling Code

The Almshouse Association would like to make members aware of the new Complaints Handling Code which has been published by the Housing Ombudsman Service.

The Code is meant to ‘a framework for high-quality complaint handling and greater consistency across landlords’ complaint procedures’. This new code is only applicable to those members who are Registered Providers and are therefore obliged to be registered with the Housing Ombudsman, or those who have voluntarily chosen to sign up.

The key areas of the code are:

  • Universal definition of a complaint
  • Providing easy access to the complaints procedure and ensuring residents are aware of it, including their right to access the Housing Ombudsman Service
  • The structure of the complaints procedure – only two stages necessary and clear timeframes set out for responses
  • Ensuring fairness in complaint handling with a resident-focused process
  • Taking action to put things right and appropriate remedies
  • Creating a positive complaint handling culture through continuous learning and improvement
  • Demonstrating learning in Annual Reports

Members will be asked to self-assess against the Code by 31st December 2020 and to publish their results. Failure to do so could lead to the Ombudsman issuing a complaint handling failure order.

If you have any questions please do not hesitate to contact The Almshouse Association for assistance.

Posted 13th July 2020

Changes to Covid-19 restrictions

What should almshouse charities do now?

Following the Government’s recent relaxation of the coronavirus restrictions, we have been contacted by a number of charities asking what they can and cannot do.

The main changes likely to affect almshouses are as follows:

  • Shielding – those considered clinically extremely vulnerable are now allowed to meet outside in groups of no more than six people and create a support bubble with one other household. The government has indicated the shielding will be paused on 1 August but strict social distancing will still be advised.
  • Over-70s and those with underlying health conditions – this group is still advised to avoid social contact with others but, if they do with to meet with others, to follow the social distancing guidance carefully.
  • All others – everyone else is now allowed to meet another household in any setting – public or private, indoors or outside. We are advised to all still follow social distancing and good hygiene rules when meeting with other households though. Overnight stays away from home with one other household.

Full details on the relaxation of the coronavirus restrictions can be found at:

www.gov.uk/government/publications/coronavirus-outbreak-faqs-what-you-can-and-cant-do

Some charities have implemented stricter lockdowns than the government advised. If this is the case for your charity, you could now start to look at easing these in consultation with your residents.

If you have removed any services to residents, you may wish to look at reintroducing these in a coronavirus secure way. This may include reintroducing warden visits if you are able to provide adequate personal protective equipment to your staff and social distancing measures are followed.

It is not clear whether communal rooms can be reopened. Although gathering of up to 30 people are allowed, it is still recommended that those gathering do not interact with more than one other household at a time. We recommend that you look at the particular circumstances of your property and residents and carry out a thorough risk assessment.

If you do decide to open your communal area, you will need to ensure that social distancing can be maintained. This may require you to limit the number of people who can use the room at any one time, removing some of the furniture to allow for more space, putting down floor markings, and providing hand sanitiser. These areas will need to be cleaned more often.

The re-opening of any guest room facilities you offer will also depend on the set up of your property and the residents you cater to. It is important to carry out a risk assessment and, if you do decide to re-open any guest rooms, ensure that they are coronavirus secure. Things you may wish to consider include:

  • limiting the number of nights that a guest can stay
  • limiting guests to emergencies only (e.g. if a resident has been discharged from hospital)
  • increasing the guest room charge to cover any additional cleaning/PPE costs you may incur
  • putting in any additional terms you think appropriate to minimise the risk of infection to the wider almshouse community

Local lockdowns may be implemented in your area and you should receive information from your local authority on the measures being implemented if this does happen. Make sure your residents are aware of the rules around the test and trace system and remind them that if they are asked to do so, they will be required to self-isolate for two weeks. If they are asked to do this, they need to make you aware so that you can organise any help they might need. More information about the test and trace system can be found at:

www.nhs.uk/conditions/coronavirus-covid-19/testing-and-tracing/nhs-test-and-trace-if-youve-been-in-contact-with-a-person-who-has-coronavirus/  

Posted 9 July 2020

Stephen Morgan MP raises almshouse testing issue in Parliament

The Almshouse Association would like to express its thanks to Stephen Morgan MP for raising the issue of Covid-19 testing in almshouses in Parliament last week.

Mr Morgan asked:

To the Secretary of State for Health and Social Care, what assessment he has made of (a) recent trends in the level of Covid-19 tests being undertaken in almshouse settings and (b) the effectiveness of such testing on improving the well-being of vulnerable people resident in those settings.”

Department of Health and Social Care Minister Nadine Dorries MP responded:

The Department recognise the importance of testing and the role a clear result plays in giving individuals assurance and the ability to make informed decisions. The Department is working with the Ministry for Housing, Communities and Local Government to ensure eligible individuals from vulnerable groups in a range of settings are able to access testing.

Thanks to the continuing increase in testing capacity, all symptomatic individuals in England and Wales and all symptomatic individuals aged five and over across the United Kingdom are eligible for a test for COVID-19.

The Department publishes daily figures including the number of COVID-19 tests undertaken but with the exception of whole care home testing, does not record the residence type of those tested.”

The Almshouse Association thanks Mr Morgan for raising the question. However, we do not feel that the question has been adequately answered and as such almshouse managers and volunteer trustees are still concerned about their vulnerable residents. We have recently written a similar question to the government and look forward to a more substantial response which can provide our members with much needed reassurance.

Posted 9 July 2020

Chancellor: A Plan for Jobs

The Almshouse Association’s Response to Chancellor’s Plan for Jobs

The Almshouse Association welcomes the government’s efforts to protect jobs, particularly within the housing sector. We also welcome news of the Social Housing Decarbonisation Fund, but look forward to further clarification on whether almshouses, as charitable affordable housing providers will be entitled to access this fund.

The Association understands that the Government will make more significant announcements as part of the regular Autumn Statement, but feel that greater emphasis was needed in this plan on providing affordable housing as a key job creator. We believe that the government must promote affordable housing, including almshouses, on the scale that is truly needed in our country, not only to create jobs for the expected recession, but to provide a real solution to the housing crisis.  

Posted 9th July 2020

Charity Commission: Double Defaulter charities

The Almshouse Association would like to highlight the release of the Charity Inquiry: double defaulter charities between April 2019 and March 2020 report published on July 6th.

The report highlights the risks for charities who fail to submit their financial information to the Charity Commission for 2 or more years. Inclusion in such reports can cause widespread problems, not only causing damage to the reputation of individual charities, but to the wider almshouse movement.

It is vital that out members submit the required financial information promptly and accurately. If you have any issues around this process or need help, please do not hesitate to contact The Almshouse Association so that we can provide you with all the support you need.

The full report can be found here.

Legionella tests reminder

As the lockdown continues to ease around the nation, it is worth remembering to catch up with vital checks which may not have been undertaken as buildings were left understaffed or empty.

A particularly important check at this time is that of water safety. It is highly recommended that members carry out the necessary checks for Legionella. Further advice on this can be found at Chapter 4.15 of our Standards of Almshouse Management Guidance Manual.

In addition, you may want to take our online training course on Legionella –click here to access

Gas safety checks are also important. The Health and Safety Executive has provided the following guidance during the Covid-19 pandemic:

Landlords have a legal duty to repair and maintain gas pipework, flues and appliances in a safe condition, to ensure an annual gas safety check on each appliance and flue, and to keep a record of each safety check.

If you anticipate difficulties in gaining access as the COVID-19 situation progresses, you have the flexibility to carry out annual gas safety checks two months before the deadline date. Landlords can have the annual gas safety checks at their properties carried out any time from 10 to 12 calendar months after the previous check and still retain the original deadline date as if the check had been carried out exactly 12 months after the previous check.

You are encouraged to arrange your annual gas safety checks as early as possible, as a contingency against tenants being in self-isolation for a period of 14 days (in line with current guidelines), or gas engineers being unavailable due to illness. The two-month period to carry out annual gas safety checks should provide adequate resilience in most situations.

In the event, you are unable to gain access to the property, e.g. persistent refusal of access due to vulnerable tenants self-isolating, you will be expected to be able to demonstrate that you took reasonable steps to comply with the law and that you are seeking to arrange the safety check as soon as all parties are able. This will need to include records of communication with the tenant, and details of your engineers attempt to gain access.

Health and Safety Executive

As always, if you have any concerns please do not hesitate to contact The Almshouse Association and we will be more than happy to assist.

Posted 7th July 2020

Affordable Housing Commission Report: Making Housing Affordable again

The Almshouse Association commends the final report of the Affordable Housing Commission carried out by Lord Best and his colleagues. We agree with the commission that there is no ‘silver bullet’ which could fix everything within the current housing crisis.  What is needed is a multi-facet approach, which we believe almshouses should be a part.

The report is right to highlight the need for ‘a 21st century version of the extensive sheltered housing programme of times past’ to achieve both high-quality housing for the elderly, whilst freeing up larger properties for young families. Almshouses have been around for a thousand years, the earliest form of community housing but it is interesting that more are being built today than at any other time since the Victorian period.  Almshouses provide over homes for over 35,000 people in need. There is an almshouse in nearly every constituency in the country and we believe that almshouses are perfectly placed to provide first-class housing fit for the 21st century.

Our member charities already provide residents of all ages with accommodation which is affordable and encourages independence. Yet in recent years, misunderstandings of what almshouses are and how they work have held them back from fulfilling their full potential as the exemplar of community housing. At the Almshouse Association we pride ourselves on the service that our members provide and the well-being of their residents.

The Association hopes that the Government listens to the recommendations of the Affordable Housing Commission. We also look forward to engaging further with members across government and the housing sector to help fix our housing crisis, with almshouses playing a vital role in the solution.

A new age of almshouses is before us and with it comes a fantastic opportunity to provide truly affordable community housing, rooted in the communities they serve.

Full report can be found here

Posted 6 July 2020

Electrical Safety Standards Regs 2020

On July 1st The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 came into effect for new ‘specified tenancies’. Existing tenancies will not be affected until April 1st 2021.

Please look at our guidance below on what the new regulations require so that you are prepared:

The Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020

New regulations are to come into effect that will require each dwelling to acquire an Electrical Installation Condition Report (EICR) every 5 years: ‘electrical installation’ means fixed electrical cables or fixed electrical equipment located on the consumer’s side of the electricity supply meter. These Regulations apply in England only to all new ‘specified tenancies’ from 1st July 2020 and all existing ‘specified tenancies’ from 1st April 2021.

These regulations apply to almshouse charities.

The first inspection and testing on an almshouse property must be carried out before the resident moves-in,  in relation to a new ‘specified tenancy’ and from 1st April 2021 in all the properties, in relation to an existing ‘specified tenancy’.

Following the inspection and testing charities must:

  • obtain a written report from the person conducting the inspection and test, which gives the results of the inspection and test and the date of the next inspection and test;
  • supply a copy of the report to each existing resident of the residential premises within 28 days of the inspection and test;
  • supply a copy of the report to the local housing authority within 7 days of receiving a request in writing for it from that authority;
  • retain a copy of that report until the next inspection and test is due and supply a copy to the person carrying out the next inspection and test; and
  • supply a copy of the most recent report to:
  • any new resident of the ‘specified tenancy’ to which the report relates before that resident occupies those premises; and
  • any prospective resident within 28 days of receiving a request in writing for it from that prospective resident.

Any further investigative or remedial work identified in the report should be carried out by  a qualified person(s) within 28 days, unless a shorter period is specified.  The charity must obtain written confirmation confirming that the investigative or remedial work carried out meets the  electrical safety standards.

Full details of the legislation and ‘landlord’ responsibilities can be found here: http://www.legislation.gov.uk/ukdsi/2020/9780111191934

NOTE: These regulations only apply to charities operating in England

Posted 6 July 2020

Rural Housing Week

This Rural Housing Week is likely to be dominated by the long term impact of the Coronavirus pandemic. Action with Communities in Rural England (ACRE) recently discussed how a fall in property prices is likely to lead to a reduction in affordable housing in rural areas.

It seems ironic, but as many affordable housing is created through a levy on developers (Section 106), some developers are using a fall in property values as a way of opting out of supplying their affordable housing levy! This is a real concern as many people, young and old, decide to leave the towns and villages where they grew up, for places which are actually affordable. Local businesses lose custom, and these places lose their community cohesion.

The Almshouse Association believes that we have at least part of the solution to this problem. Almshouses are a one thousand year old answer to an age old question around truly affordable, community housing. Today some 36,000 people enjoy independent living in an almshouse community. Many people are not aware of almshouses or how they operate. Historically, almshouses have been started through the philanthropic ventures of a local wealthy individual. The accommodation provided is of genuine high-quality with a focus on community engagement and interaction. These are not just sets of housing which gentrify an area. Instead they are rooted in the communities they serve, with a focus on maintaining a level of affordable community housing in perpetuity by their exemption from Right to Buy. Residents do not pay rent but a Weekly Maintenance Contribution which is below the average rent in the area and helps to maintain the upkeep of the almshouse. Residents live independently in a supportive community where they otherwise would have struggled with lengthy council house waiting lists or extortionate private rent.

Almshouses are often well supported in rural areas under the Rural Exception Scheme as they are restricted for those people of the local community forever.

Around the country we see communities embracing almshouses and the benefits they bring. We are proud that many new developments are embracing environmentally friendly solutions, ensuring that the almshouses provide high-quality accommodation and are sustainable for the future.

We believe that almshouses are the ideal rural community housing solution. A solution for the benefits of the local community, led by the community.

Posted 6 July 2020

Policy and Governance: June 20 Summary

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