LHAs can be forgiven if they haven’t thought much about the Supported Housing (Regulatory Oversight) Act 2023, what with everything else that’s going on. It will have a significant impact on housing teams, so take a look below at a summary of some of the key things that are expected.  

What it’s all about 

The Supported Housing (Regulatory Oversight) Act 2023 came into force on 29 August 2023 and introduced a framework for regulating supported exempt accommodation in England. A key part of this framework is a licensing regime that introduces specified standards.  

The government consultation on these upcoming regulations and the probable setup that the licensing scheme will take is out now. Part 1 of the consultation focuses on implementation of measures in the act. Part 2 focuses on Housing Benefit changes. The consultation provides a good insight into what the government is planning, so it’s a useful read and an opportunity to have your say. 

Licensing regulations 

The act grants the secretary of state the authority to create regulations requiring supported accommodation to be licensed with the local housing authority (LHA). The forthcoming regulations will include details on such matters as fees, the application process, enforcement, etc., to be determined following the consultation. 

Designation of licensing areas 

The act allows for licensing to apply in designated areas, but it does not specify which areas will be covered or what criteria will be used. As part of the consultation, the government is proposing to introduce licensing across all LHAs in England. This will ensure that all residents are protected by licensing and the national supported housing standards. It will also allow for entitlement to Housing Benefit to be linked to the licensing scheme. The licensing regime will be designed and locally implemented, with LHAs leading on application and enforcement, in a similar manner to existing HMO licensing schemes. 

Licence conditions and requirements 

Licence holders and managers must be fit and proper. Conditions that aim to ensure that accommodation is safe, suitable and provides adequate support services may include: 

• The standard and use of the accommodation 

• The provision of care, support or supervision to residents 

• Compliance with the new National Supported Housing Standards. 

It is clear from these proposed standards that multidisciplinary teams will be needed, and private sector housing teams will need to work closely with social care colleagues. 

Enforcement and penalties 

Under the act, providing fraudulent information for a fit and proper person assessment, operating without the required licence or breaching licence conditions are likely to be offences. LHAs will be the enforcing authority and can expect to be granted powers to serve improvement notices, impose financial penalties and prosecute. Rent repayment orders and banning orders will also be available for failure to license, and LHAs will be able to vary and, in the most serious circumstances, revoke licences. 

Supported housing strategy 

As well as licensing, the act requires LHAs to enhance the oversight and quality of supported exempt accommodation and develop local supported housing strategies. They must assess and evaluate both the current availability and future requirements for supported housing within their areas, identify gaps or areas for improvement and plan for future demand. 

Implementation 

The consultation runs until 15 May 2025, with regulations envisaged later in the year. 

Contact us for further information on the above.