Written evidence submitted by Joy Allen, Durham Police and Crime Commissioner [EXA 011]

Purpose

1.      The purpose of this report is to highlight the existing issues in relation to supported housing for homeless people in County Durham and Darlington.

2.      It also acts as a local position statement for the response to the call for evidence for the above Inquiry.

Local position Statement

Prevalence

3.      The number of non-commissioned supported housing schemes is increasing across County Durham, those that are classified as ‘exempt accommodation’. Exempt providers can set rental levels far higher than Local Housing Allowance rates, by meeting a loose regulatory requirement to provide a level of ‘care, support or supervision’ to claimants.

4.      The ‘exempt’ provisions of Housing Benefit have been in place since 1996 and are an established mechanism of funding the housing-related costs of a wide range of supported housing schemes. These schemes are often set up to house the most vulnerable client groups including victims of domestic abuse, those who are homeless or at risk of homelessness and those experiencing substance addiction.

5.      Durham County Council concluded a review of homelessness in April 2021, using data from 2019/20 and 2020/21. The review explored whether the current supported accommodation available to Housing Solutions-County Durham’s housing team, met the current demand.

6.      The review also highlighted that over 52% of those owed a duty under homeless legislation in 19/20 had a mental health problem and 17% were prison leavers. These priority groups often present with chaotic lifestyles and have complex and high support need requirements. Only 3% were suitable for those people with high and/or complex support needs presenting as homeless or at risk of homelessness.

7.      In terms of comparing supply versus demand, the review confirmed that there is a shortage of supported accommodation for those who present as homeless with complex/high support needs.

8.      Due to a shortage of appropriate accommodation for this cohort, this results in these clients staying in temporary accommodation for longer and taking up much needed bed spaces. These clients require intensive support, therefore can’t be housed into mainstream housing. In most cases they also don’t fit the criteria to qualify for assessed commissioned accommodation which provides care support packages.  This group of clients require accommodation with intensive support attached, not just floating support.

9.      The number of supported housing schemes being delivered by Exempt accommodation Providers (EAP) is on the increase across the region, not just in County Durham. This is also significant issue in other parts of the country, such as Birmingham, which now has over 20,000 units of exempt accommodation.  Such providers are now moving into other areas of the country including the Northeast.

10.  A Commons Library Research Briefing, 28 November 2021 titled Supported Exempt Accommodation also provides evidence from a national perspective.

11.  In 2020 the Government launched a £3m housing pilot, funding five areas aimed at improving the quality, enforcement, and value for money in supported housing. The five pilot areas were Birmingham, Hull, Blackpool, Bristol and Blackburn, who received initial funding up to March 2021. Four out of the five pilots were extended for an additional six months. Learning ought to be identified from their evaluations.

The problem

12.  Housing Solutions have less control over supported accommodation providers who are not commissioned.  It is however still important to understand that the clients that are referred to these providers are receiving the required level of support to meet their personal needs as well as living in accommodation that is of a satisfactory standard. 

13.  Non commissioned supported accommodation providers do not need the approval of the Local Authority to set up a scheme.  This often means that they work with private developers to purchase properties for commercial gain without considering the housing need for a particular group of people or the geographical location.

14.  Landlords may request that their scheme should be classed as ‘exempt accommodation’, which suggests that they will be providing their tenants with intensive housing management, which is support above and beyond the ‘normal’ management tasks a landlord would be expected to perform.  It is however difficult to determine if the tenants are receiving the stated level of care and support and if the standards of these schemes/properties meet basic regulatory requirements.

15.  In the North East, these providers have targeted domestic abuse victims who are some of the most vulnerable people in society and who require enhanced levels of safeguarding. However, in recent months (Summer 2021) they have expanded the service group and it appears that schemes are being brought forward to house homeless clients.

16.  Such providers typically work to a model which prioritises rental income and ignores strategic need and the needs of vulnerable people. They do not require Local Authority support to open a scheme (as they would if they were seeking Homes England funding) and they can open pretty much what they want, and of any size, in any location.

17.  Some of these involve residential conversions into multiple occupancy housing leased from the private rented sector; either to Registered Providers of Social Housing or to charitable bodies, and which utilise the exempt regulations of Housing Benefit to accommodate a wide cross-section of often multiply excluded and disadvantaged groups.

18.  Exempt Accommodation Providers (EAPs) are concerning due to the following:

• The overly large size of the schemes, many of which house over 40 vulnerable residents in one building.
• EAP do not contact Local Authorities (LAs) to discuss potential schemes, therefore, the locations of schemes cannot be checked by LAs or relevant services, i.e. the Police. This has meant that many are placed in locations which are totally unsuitable and / or in deprived areas which is not helpful for the client group/s.
• A lack of demand for the specific client group, then trying to publicise the scheme/s and generate demand, often bringing / moving people from out of a LA area to meet their lease obligations.
• These schemes place an increased burden on Councils as these schemes are delivered by charities or voluntary organisations. A Council can only claim partial subsidy for the Housing Benefit that they pay out. This means that Councils are funding substandard schemes which they do not need or require.
• The fact LAs do not need to be consulted upon before the scheme can progress.
• Providers are not forthcoming with details of support packages, operating procedures and seem to have a relaxed approach to dealing with issues and concerns which arise.
• There is a lack of transparency and understanding about what the exempt accommodation sector is ‘offering’ to residents, and concerns around a lack of attention to personal safety and risk mitigation as well as concerns about whether the accommodation ‘support’ offer will meet residents’ need.
• There is a lack of stringent regulation and monitoring around the assessment and dissemination of rental claims at ‘exempt’ rates.
• The lack of effective data recording and monitoring of types of provider, and the geographical locations of units.
• The limited ability for a range of enforcement and regulatory avenues to effectively monitor and address the risks to the safety and wellbeing of residents.
• The multiple and untracked referral routes into exempt accommodation.
• If void levels become an issue for the exempt providers, there are risks that they will start widening out their accommodation offer to other types of vulnerable people (e.g. prison leavers) and out-of-area referrals.  This could result in a high proportion of excluded, disadvantaged or at-risk individuals feeling ‘forced’ into the exempt accommodation without the right levels of support and with little perceived choice, control or awareness of their rights and options.
• The negative impacts on resident wellbeing, safety and autonomy that result from living in small, shared environments, often with little monitoring or accommodation provider strategies for integration and stability.

19.  For clarity, the above is not the case for all non-commissioned services. Many provide very good support such as those DA refuges delivered by the specialist Violence Against Women & Girls sector who meet National Quality Standards and who use other streams of funding to run their service/s.

Recommendations

20.  A joined-up approach towards non-commissioned supported housing providers will help ensure that tenants are receiving the required level of support to meet their personal needs as well as living in accommodation that is of a satisfactory standard.  It will also improve the relationships with supported housing providers and help steer their thinking and business development plans towards meeting the needs of homeless households.

21.  Regulation and resourcing for a multi-agency team within Local Authorities to provide regulation and checks. Given the increase in providers and decisions required in relation to eligible rents regarding Housing Benefit, there has been a recognition of the need for a dedicated resource within the Housing Benefits Team within Transactional Services and this is a proposal that could be extended. Housing Benefit Sections within each Authority have become the focus of work to stop individual schemes, by examining HB claims. This is not generally the purpose of such processes, however given the fact that HB has become the focus and is affected by such schemes, HB leads could work in conjunction with their supported housing commissioning teams to consider the possibility of restricting the continued growth of the ‘exempt’ providers based on a strategic supported housing needs assessment.

22.  Protocols for placing vulnerable adults into non-commissioned ‘exempt’ accommodation. Whilst it wouldn’t be a statutory requirement to sign up to and follow a protocol, it would serve as a reminder of partners’ duty of care (e.g public sector partners) and of the potential ramifications of placing vulnerable adults into shared exempt accommodation without performing due diligence e.g. around levels of support; safeguarding policies and procedures etc.

23.  Consider the development of a ‘Charter of Rights for Residents living in Exempt Accommodation’ and supporting guidance for providers and landlords (along the lines of the one developed in Birmingham). The Birmingham Charter and accompanying guidance are as much about values and principles as they are about policy and procedure. This is in line with their belief that they should hold the highest aspirations for both resident experience and the exempt sector. A Charter of rights pamphlet sets out residents’ right to feel safe and protected; to live in decent conditions; to privacy, and to receive the support they are entitled to.

24.  Supporting guidance for providers and landlords. The supporting guidance is intended to help exempt accommodation providers and landlords consolidate, clarify, and build upon their existing practices to help ensure that they can respond to their residents safely, effectively, and consistently, and identify clear linkages between management practices and resident experience.

January 2022