In addition to the revised regulatory standards, published by the Regulator of Social Housing (Regulator), mentioned in the March 2024 report, which are now in effect, the Government has commenced a consultation on a further information publication and access regime for housing associations (HAs) and other private registered providers (RPs) of social housing. It is open until 15 July 2024 and can be accessed and responded to here.

The proposals, known as Social Tenant Access to Information Requirements (STAIRs), create a regime which is analogous to the Freedom of Information Act 2000. The consultation itself appears unaffected by the general election (which was announced in the days after the consultation commenced), but decisions about the implementation of any proposals will be after Election Day. 

If introduced in the format consulted on, the STAIRS regime will be a policy statement of the Regulator which housing associations are required to comply with, with a right of complaint about compliance to the Housing Ombudsman.

The envisaged policy statement has been structured in two parts. 

Part 1

HAs and RPs will be required to produce a publication scheme, specifying information that they will publish or routinely make available about issues such as:

• governance and decision making
• spending
• housing stock management
• performance
• housing services.

Part 2

The regime will allow tenants (or their representatives, which could include lawyers) to make requests for information related to the management of a RPs social housing (known as ‘relevant information’). Examples given of information which could be requested include anti-social behaviour, estate management, repairs, rent and environmental/energy efficiency information. Responses will need to be given in 30 calendar days and housing providers are expected to assist the applicant in making requests. The ability to make requests will need to be made clear to tenants. A housing provider will be able to refuse a request where it is reasonable to do so, including by taking account of exemptions in freedom of information law. For instance, if the request asked for information about another customer, it could be refused on the basis that it is personal data. A request could also be refused if it will take more than 18 hours to deal with, or if it is offensive or communicated in an abusive manner.

Applicants will be able to complain to the landlord about a response they are dissatisfied with, and if they remain dissatisfied, raise it with the Ombudsman.

How Capsticks can help

We recommend all landlords consider responding to the consultation.

Capsticks information law team gives accessible, practical advice on all aspects of information rights law and governance, including freedom of information, data protection, and other disclosure requests. We handled the successful challenge to the Information Commissioner’s earlier attempt to bring private RPs of housing within scope of the Environmental Information Regulations 2004.

To discuss the consultation or any other information law issue, please contact Andrew Latham, Emma Godding, Lauren Danks, Tana Dryden-Strong or Charlotte Bolt.