Penningtons Solicitors LLP

Social Housing 

update

November 2009

 

Welcome to the latest issue of this update, keeping you informed of new developments in the social housing sector.

In this issue:

Colin Hammond

Colin Hammond

London & Quadrant Housing Trust (LQHT) v Weaver

Further to our last update on this case back in June 2009, the UK Supreme Court has surprisingly refused to give LQHT permission to appeal in the above case. By a split decision the Court of Appeal had held that LQHT had acted as a 'public authority' for the purposes of the Human Rights Act 1998, s6 when it served a Notice Seeking Possession and subsequently issued proceedings against its tenant; LQHT was accordingly amenable to Judicial Review.

This is the end of the line for this particular case and the decision is surprising not least as the Court of Appeal was split. Furthermore, it had been hoped that the Supreme Court would have taken the opportunity to clarify a number of issues that have been thrown up by the various other cases in this area.

The decision will have wide implications for registered social landlords and the social housing sector.

For more information, please contact Colin Hammond

Linda Storey

Linda Storey

Hope you had your say?

The brief informal consultation on the proposed revisions to the shared ownership lease closed on the 9th November. With the proposal for the new form of lease anticipated to be effective from April 2010 all associations will need to note carefully the details of the final changes once issued. 

As usual, Penningtons will be keeping a close eye on developments and will keep you updated.

To find out more, please contact Linda Storey

Joanne Vengadesan

Joanne Vengadesan

Working with vulnerable groups - new Vetting and Barring Scheme

Following the introduction of a new Vetting and Barring Scheme ("the Scheme"), RSLs may now be required to carry out checks and monitor individuals they engage in relation to certain activities with vulnerable groups.

The new duties will apply in relation to certain regulated or controlled activities that involve contact with children or vulnerable adults, or access to their personal records, where such activities take place frequently (around once a month or more), intensively (more than two times in any month) or overnight. Under the Scheme, all individuals carrying out such activities will eventually be required to register with the newly founded Independent Safeguarding Authority ("ISA") as well as be subject of ongoing monitoring. An individual will be registered if the ISA is unaware of a reason why they should not work with vulnerable groups, whilst those individuals deemed unsuitable will be placed a barred list for either children or vulnerable adults.

RSLs will need to check whether existing and future employees and/or volunteers are ISA registered before allowing them to work with vulnerable groups. As it will take a number of years to phase in registration, in the meantime enhanced criminal records bureau ("CRB") checks should be carried out to ascertain the suitability of individuals before allowing them to carry out any regulated or controlled activity with vulnerable groups. RSLs also need to report certain information regarding an individual to the ISA, where it considers that the individual may not be suitable for working with children or vulnerable adults. It will be a criminal offence to fail to comply with certain obligations under the Scheme.

RSLs need to consider their duties not only when engaging employees to carry out work with vulnerable groups (for example, in relation to nursery services or educational classes or transport services that are run for children or vulnerable adults), but also when funding residents to carry out community projects that involve contact with vulnerable groups. RSLs should ensure any third party organisation to which they subcontract responsibility to arrange and oversee such activities are aware of their obligations under the new Scheme, and that contracts with such third parties expressly require compliance with the Scheme.

To find out more, please contact Joanne Vengadesan

Tim Davies

Tim Davies

Affordable homes and renewable construction

A joint initiative between the Department of Energy and Climate Change and the HCA's National Affordable Housing Programme will make available £5 million of funding for the use of renewable materials in the construction of affordable homes.

This initiative reinforces the HCA's commitment to the 2016 zero-carbon target, and is designed to act as a catalyst to educate affordable housing developers in what is required to move from the Level 3 minimum standard and achieve Levels 4 and 5 in the Code for Sustainable Homes.

However, the initiative may not be broad enough to have a major influence on construction techniques. The eligibility criteria are stringent; construction must begin during this financial year using a high proportion of renewable materials, and smart meters must monitor energy use after construction. The development must also already be achieving a Level 4 standard to qualify. With a share of funding already allocated to three affordable housing schemes, developers will have to be quick if they want to benefit from the grant.

Given the increasing focus on developers to reduce carbon in construction, and the assessment by RICS that the 2016 zero-carbon target is currently 'unrealistic'; it is hoped that the HCA will do more to increase grants of this type to assist developers in meeting environmental standards.

To find out more, please contact Tim Davies

London
t: +44 (0)20 7457 3000
f: +44 (0)20 7457 3240

Basingstoke
t: +44 (0)1256 407100
f: +44 (0)1256 479425

Godalming
t: +44 (0)1483 791800
f: +44 (0)1483 424177

Please note: Specialist advice should be obtained before taking, or refraining from taking, action based on comments in this update which is only intended as a brief note. © Penningtons Solicitors LLP, 2009.

Penningtons Solicitors LLP is a limited liability partnership registered in England and Wales with registered number OC311575. It is regulated by The Solicitors Regulation Authority. Its registered office address is Abacus House, 33 Gutter Lane, London EC2V 8AR.

 

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