New Regulatory Framework for Social Housing in Scotland: a mixed bag for HAs?

A few months back I blogged about the consultation on reforming the regulatory framework for social landlords in Scotland (see also the piece in Inside Housing). As I highlighted at the time, two issues in particular caused a ‘stooshie’:

  • Proposals to introduce a mandatory fixed term for housing association committee members (over 90% of associations who responded to the consultation opposed this).
  • Proposals that housing association committee members could be paid for their role (which historically has been voluntary)

The Scottish Housing Regulator (SHR) has now launched it’s new Framework for Regulation, and I’m pleased to see at least some of the concerns expressed during the consultation period have been heeded. The SHR is no longer proposing mandatory time limits on how long committee members can serve. Rather, it will require members with more than 9 years service to demonstrate their continued effectiveness. The emphasis on refreshing skills and thinking about succession strategies, is overall, much more positive than the very negative tone of the consultation. But it does underline the point that the SHR needs to engage with the sector earlier and (arguably) in a more constructive fashion.

Other positive shifts in thinking include:

  • Annual reporting requirements around achieving the Social Housing Charter have been reduced and made less onerous. Nonetheless the focus of regulation continues to be underpinned by a consumerist agenda, and doesn’t really consider the wider context in which RSLs work, nor their contribution to community development and regeneration (something that I’ll be blogging on in the future re: my community anchor work).
  • The SHR no longer intends to develop model constitutional clauses, crucial given RSLs are independent organisations with their own democratic processes. However, the insistence that a large number of specific constitutional clauses be included is disappointing

Other elements of the Framework are also frustratingly disappointing:

  • SHR has remained ‘neutral’ on the issue of payment for committee members, thus allowing associations to pay committee members if they wish. This is a significant change, and really undermines the voluntary ethos and traditions of this sector, which is underpinned by place-based social capital and community ownership. As the Glasgow and West of Scotland Forum of Housing Associations, the membership body for community-controlled HAs in Scotland has stated: “changing the voluntary character of housing associations is one of the most fundamental changes in our sector’s history” (2012: 4). Moreover, given many associations are also charities it is also impractical (see, SFHA 2012 briefing note).
  • There is also no indication of how the SHR will vary its approach for different size and type of RSLs, for the sector in Scotland is very diverse, with a lot of small landlords in particular. This is in contrast to the approach that had been previously adopted in England, where smaller landlords were exempt from many regulatory requirements

So it seems the new Framework is a mixed bag. But as I’ll be writing about in a few weeks, there are also somewhat conflicting messages emerging from the SHR and the Scottish Government about what the role of social landlords should be …. something I’ll post about when I launch my report from my community anchor research.

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