Graeme foster tsa


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  • This is based on the standard TSA presentation Have taken out some of the references to the passage of legislation and economic regulation Have put in more slides on consumer regulation and a move to more local solutions
  • Summary of the main changes – most of which are explained more later TSA continues as regulator to April 2012 Functions transferred to HCA in 2012, but some aspects of regulation will remain Standards will stay and will remain as the backbone for the new framework BUT – no proactive work on consumer regulation Fewer national targets and much less national performance measurement The regulator will only intervene on the consumer side on serious risks and serious detriment
  • On current progress we expect Royal assent in early Autumn which means formal consultation on the new standards (with the exception of the tenancy standard which we’ve recently consulted on) from around October We will take informal sounding before then The Bill covers the review of regulation and it might also be worth mentioning it also covers the possibility for providers to introduce flexible tenancies and a move to affordable rents based on 80% market rents Also cover greater flexibility for local authorities to decide on their allocation policies including the use of the private sector to discharge their homelessness obligations and to set out eligibility for registration on waiting lists which could involve a residency qualification – ie people will have had to live in the borough for a set time
  • The new involvement and empowerment standard will encourage the development of tenant panels – but not require them The Localism Bill currently sees complaints pass through a democratic filter, dealt with by local councillor, MP or tenant panel before passing to the ombudsman The local govt ombudsman will not deal with housing cases, instead these will all be passed to the housing ombudsman The regulator will intervene only where there is “serious failure” or “serious detriment” this will be partly laid down in the localism bill, but to help work out how this look in practice, we will work with others to define what this actually means Plans for local offers should have been in place by October 2010, with the offers themselves in place by April this year. Offers should have been thoroughly consulted locally, and the requirement for local offers will stay after 2012
  • Much of what the regulator currently does will either move to locally arrangements, or existing local arrangements will be strengthened. This is consistent with the governments wish to move to localism, with local priorities and local accountability The involvement and empowerment standard will be strengthened to take account of this – including that tenant panels should be considered locally, and that requirements for training and capacity building and for local scrutiny are strengthened There will be routes for referrals to the regulator, including from recognised groups, and the regaultor will be required to judge these against the serious detriment test and report back on the action taken (or not taken) All this mean the majority of discussion will be local – between tenant and provider rather than provdier-regulator, with more freedoms to explore local ways of doing things
  • Graeme foster tsa

    1. 1. Co-regulation Update Business as usual and all change - What does this mean for tenants and providers?
    2. 2. Life’s big questions <ul><li>What is happening to the TSA? </li></ul><ul><li>Is co-regulation dead? </li></ul><ul><li>Localism – what does it really mean? </li></ul><ul><li>Why is scrutiny important? </li></ul><ul><li>What are the opportunities? </li></ul>
    3. 3. About us <ul><li>We are the regulator of social housing in England. </li></ul><ul><li>Our priorities are: </li></ul><ul><li>Securing a fair deal for tenants </li></ul><ul><li>Protecting past investment </li></ul><ul><li>Delivering modern and effective regulation </li></ul>
    4. 4. What is happening to regulation and the TSA? <ul><li>TSA abolished : Regulation transferred to reformed HCA </li></ul><ul><li>Retained: </li></ul><ul><ul><li>“ fundamental building blocks of the current regulatory system” </li></ul></ul><ul><ul><li>Domain based : single social housing regulator </li></ul></ul><ul><ul><li>Setting standards & enforcement powers </li></ul></ul><ul><li>Co Regulation : retained & enhanced </li></ul><ul><ul><li>Clearer role for tenants in scrutinising performance </li></ul></ul><ul><ul><li>Freedom for landlords to deliver high quality services </li></ul></ul><ul><ul><li>Proportionate regulatory intervention focused on serious risks and failures. </li></ul></ul>
    5. 5. Co-regulation Clear standards Tenants Landlords TSA
    6. 6. What is co-regulation? <ul><li>Outcome-focused standards </li></ul><ul><li>Landlords agree their ‘local offer’ with tenants </li></ul><ul><li>Focus for service delivery and improvement is between landlord and tenant </li></ul><ul><li>Less top-down </li></ul><ul><li>Tenant scrutiny </li></ul><ul><li>Capacity building </li></ul>
    7. 7. New government agendas <ul><li>Localism </li></ul><ul><ul><li>More power to local authorities </li></ul></ul><ul><ul><li>Fewer national targets </li></ul></ul><ul><li>Big Society </li></ul><ul><ul><li>“ Take power away from politicians and give it to people” </li></ul></ul><ul><li>Welfare reform </li></ul><ul><ul><li>Universal credit to replace means tested working age benefit </li></ul></ul><ul><ul><li>HB reform </li></ul></ul><ul><li>Deficit reduction </li></ul><ul><ul><li>Govt deficit £159.8bn in 2009/10 </li></ul></ul><ul><ul><li>£81 bn cuts in public spending over 4 years </li></ul></ul><ul><li>Quango reduction </li></ul>
    8. 8. Wider changes in housing <ul><li>Less inspection and no Audit Commission inspection </li></ul><ul><li>Move to affordable rents model </li></ul><ul><ul><li>Up to 80% market rent </li></ul></ul><ul><ul><li>Changes to tenancies </li></ul></ul><ul><li>Greater local freedoms on homelessness and lettings </li></ul>
    9. 9. A revised model of co-regulation <ul><li>“ Landlords are accountable to their tenants, not to the regulator. Tenants must therefore have the information and opportunities they need to hold their landlords to account and to shape service delivery” </li></ul><ul><li>“ The review’s recommendations will result in the system becoming more co-regulatory – with a clearer role for tenants in scrutinising performance… while the regulator’s attention will be focussed on serious failures” </li></ul><ul><li>DCLG Review of Social Housing Regulation </li></ul>
    10. 10. Consumer regulation – what will happen next? <ul><li>Development of new Tenant Panels </li></ul><ul><li>Involvement and Empowerment standard to be strengthened - clear expectations on scrutiny </li></ul><ul><li>Democratic filter –Complaints will continue to be dealt with by providers in the first instance with an increased advocacy role for MPs and Councillors </li></ul><ul><li>Enhanced role of the Ombudsman </li></ul><ul><li>Backstop regulator – we will work to establish what “serious failure” looks like </li></ul>
    11. 11. Tenant scrutiny <ul><li>Greater tenant influence in the business direction, governance and overall service provision </li></ul><ul><li>Wide range of activities might be called scrutiny (eg tenant inspectors, service review panels) </li></ul><ul><li>Fits into the structure of the organisation rather than an “ add-on ” </li></ul>
    12. 12. Tenant scrutiny Effective scrutiny Centre for Public Scrutiny Drives improvement in services Carried out by “independent governors” who own and lead the scrutiny role Enables the voice and concerns of the public Provides “critical friend” challenge to policy makers
    13. 13. Tenant scrutiny <ul><li>Co-regulatory champions fund </li></ul><ul><li>Providers with excellent scrutiny mechanisms to share good practice via events, study visits, case studies/how to guides </li></ul><ul><li>Soha, Riverside Group, Salix Homes, AmicusHorizon, Wirral Partnerships Homes, Wherry HA, New Charter Housing Trust, Helena Partnerships, Family HA (Birmingham), Community Gateway Association </li></ul>
    14. 14. Co-regulation - Local offers <ul><li>39 pilots from 181 applications – 12 months ahead of the game </li></ul><ul><li>Covered tenant empowerment, customer service, quality of accommodation, repairs and maintenance, allocations, estate management, ASB, governance </li></ul><ul><li>Broad approaches </li></ul><ul><li>Place – local offer made by group of landlords based on a place (11 pilots) </li></ul><ul><li>Demographic – Needs of customers, e.g. older people or tenants of supported housing (6 pilots) </li></ul><ul><li>Organisational – Local offers based on own housing stock only (17 pilots) </li></ul>
    15. 15. <ul><li>Bristol – developed a local standard for disabled adaptations across the city </li></ul><ul><li>Calico - developed right first time for repairs and local scrutiny and engagement methods </li></ul><ul><li>Hanover – gives tenants choice on a scheme-by-scheme basis over repairs standards including response times, targets, costs and contractor </li></ul><ul><li>Sentinel – cross-Hampshire forum to agree standards for empowerment and involvement, including residents’ survey and benchmarking </li></ul>Local offer trailblazers
    16. 16. What does this mean for you and the regulator? <ul><li>Boards and Councillors must be ready to accept major new responsibilities </li></ul><ul><li>Strong engagement with the regulator from providers will be important as the regulatory framework changes </li></ul><ul><li>We will maintain strong economic regulation with a focus on the viability and governance of providers and a focus on value for money for the taxpayer </li></ul><ul><li>We will develop and consult on proposals for fee charging </li></ul><ul><li>We will work with govt and providers to realign our regulatory framework and standards to the proposals in the Localism Bill </li></ul>
    17. 17. What does this mean for you? <ul><li>Much consumer regulation will be carried out locally including:- </li></ul><ul><ul><li>Local offers </li></ul></ul><ul><ul><li>Scrutiny </li></ul></ul><ul><ul><li>Challenging and improving performance </li></ul></ul><ul><li>Involvement and empowerment standard to be strengthened </li></ul><ul><li>The regulator will be involved in referrals and serious failure </li></ul><ul><li>Focus for discussion of service delivery and improvement will be tenant-provider rather than provider-regulator – standards provide a framework </li></ul><ul><li>Are you ready????? </li></ul>
    18. 18. Graeme Foster [email_address] 0845 230 7000 Contact