1. Welcome and Introductions
Kelda welcomed everyone to the meeting.
Attendees: Shona Gorman; June Anderson; John Duffy; Margaret Dymond; Liz Richardson; Gordon Saunders; Kelda McMichael (SHR); Caroline Cameron-Russell (SHR)
Observers: Carly Stewart (SHR); Rebecca Gibb (SHR)
Apologies: Bruce Cuthbertson; Alan Dalby; Linda Lennie
Shona also advised that Bill Campbell had left the Group.
2. Declaration of interests & minute of last meeting
Gordon declared as a TIS Board member and Margaret as a TPAS Board member.
The minute of the last meeting was accepted with no amendments.
3. Regulatory Framework Review Update
Kelda thanked those that had attended the consultation Focus Groups in December and advised that feedback had been fed into the review, she updated that the following are the key changes to the framework:
- Amend the guidance on the Annual Assurance Statement (AAS) to change the advance notice we SHR give landlords of any specific assurance requirements to make clear that SHR will aim to communicate the required specific assurance by the end of March and no later than the end of April each year. SHR will also set out that we will aim to have each specific assurance requirement for one year only, unless there is a good reason to maintain the requirement.
- Amend the guidance on Notifiable Events to highlight that notifiable events may not always be about something negative, and that the volume of notifiable events does not necessarily indicate poor performance.
- On regulatory status, most respondents agreed with our proposal or were neutral about it. The majority of respondents agreed with the retention of three statuses and with the amended wording we proposed, with some exceptions which highlights the confusion around the current working towards compliance status (which is a non-compliant status) and validates our change in the wording to make this clearer.
- For a number of the changes, SHR are making, and for which some respondents expressed reservations, SHR have again highlighted in our consultation response document the rationale for the change. These documents will be published by 14 February and the new Framework launched 1 April 2024. SHR will also create an accessible tenant guide to the Framework. Kelda advised we may come back to the Group on this to ask for feedback on a draft. Gordon mentioned the importance of plain English and Kelda advised that we would keep this in mind.
Kelda went on to say that we would share these documents when published.
4. Tenant Participation and Gypsy/Traveller Thematic
Kelda advised that work on the thematic is progressing well, she alongside the two Analysts on her team, Caroline and Tracey, and Gemma Rickman a fellow Regulation Manager, make up the thematic team. Through our internal scoping work we decided to work with TPAS to complete the initial data gathering. TPAS will:
- Provide a contextual overview of Scottish Social Landlord Tenant Participation.
- Issue a baseline survey to all social landlords to gather information on the type of Tenant Participation seen across Scotland.
- Complete focus groups with social landlord tenants on their experience to date regarding Tenant Participation and what they would like from this in the future. At least one focus group will focus on the Gypsy/Traveller Tenant Participation experience.
From there, we will consider the information collected and aim to publish a report by the summer.
The Group were very supportive of the Thematic, and noted they welcomed the opportunity to get a clear current picture of tenant participation across Scotland.
Members were advised to keep an eye on TPAS social media, SHR will also share these posts.
5. SHR updates
Kelda provided a summary on SHR’s recent publications and activities. This included: the finalised update to the Statutory Managers list; the publication of Annual Assurance Statements; an update on the Risk Assessment process; RSL Finances; and updates to landlord Engagement Plans.
On the request of group members, there was an update and discussion regarding homelessness and the ongoing homelessness/housing emergency. This included an update on the Homelessness Thematic, first published in February 2023 and updated in December 2023. Kelda advised that in the February report, SHR highlighted that some councils were finding it increasingly difficult to fully meet their statutory duties on homelessness, particularly providing temporary accommodation to people experiencing homelessness. The report further highlighted that councils are making considerable efforts in very challenging circumstances to deliver effective services but that there was an emerging risk of systemic failure in their homelessness services.
Kelda went on to say that the December update concluded that this risk has materialised in some councils and that there is now systemic failure in the delivery of homelessness services in some areas of Scotland. She explained that so far, SHR have said that this systemic failure is in Glasgow and Edinburgh. Our view is that some councils are now at, or are approaching, the limits of their capacity to do more. In early April SHR will say if we believe any other local authorities are at risk of systemic failure. This will follow analysis of updated SG statistics released on 27th February.
SHR will continue to monitor, assess and report on councils’ performance in discharging their duties to people who are homeless, and we will engage with councils to promote improvement where this is possible.
Kelda also noted that our Chief Executive, Michael Cameron appeared at the Social Justice and Social Security Committee on 1 February 2024, giving evidence in the Homelessness and Temporary Accommodation section of the Committee.
The group had a detailed discussion around homelessness and the issues surrounding this. The Group voiced that they felt positive about the way in which SHR is responding.
Kelda provided a summary of the work of the SHR Board since the liaison group last met. The Board met on 8 November, 12 December, and 30 January; and she provided a brief overview of these meetings which included approval of the Regulatory Framework publication package which was due to be issued shortly.
Kelda also noted that on 5 December 2023, our Chair, George Walker and Chief Executive, Michael Cameron attended to give evidence on the Scottish Housing Regulator’s “Annual Report and Accounts 2022-23, footage can be viewed online, and links were provided after the meeting.
The group was also reminded that two standing forums have been established: Rural and Islands, and Urban Areas. Membership of both includes a range of RSLs and Local Authorities. Our Assistant Director of Regulation, Margaret Sharkey and SHR Board Member Andrew Watson attended the most recent meeting of the Rural and Islands Group in November and shared their views via blogs on the SHR website.
The group asked for an update on the work of SHR regarding Tenant Advisors (TAs) and the National Panel. Kelda advised that the National Panel survey was issued in January covering a range of topics including rent affordability, rent consultation, financial circumstances/cost of living, heating your home, participation and digital access, and communication. We are now in discussion with our National Panel contractor around more in-depth focussed work in the coming months. Liz fed back that she had taken the last National Panel report on rent affordability to a Council meeting as she felt it that attendees should be aware of the content.
Kelda confirmed that the most recent TA exercise was on Damp and Mould, which we had previously discussed at the October meeting.
The group asked for an update on the work of SHR regarding Reinforced Autoclaved Aerated Concrete (RAAC). Kelda reminded the Group that SHR wrote to landlords on 13 October in relation to RAAC as part of a national assessment on behalf of the Scottish Government. As of SHR’s last published update on 11 December 2023, 9 landlords confirmed that they have identified the presence of RAAC, 97 landlords confirmed that there is no RAAC present in their tenants’ homes, and 59 continue to investigate whether RAAC is present in any of their homes. The number of homes currently under investigation is 27,318. SHR is also represented on three Scottish Government led short-term working group regarding RAAC; and our Assistant Director of Regulation, Nicola Harcus represents SHR at each:
- Cross Sector Working Group
- Housing Specific Working Group
- Remediation & Best Practice Working Group
Kelda noted that SHR will request an update on progress on investigations and actions that are being taken from landlords shortly.
June noted the RAAC issues within Clackmannanshire Council. She also voiced concerns over owner occupiers who would suffer financial hardships because of insurance issues. Kelda advised SHR were aware of the situation at Clackmannanshire and were engaging with the council about this. But she noted the Scottish Government were ultimately responsible for any possible funding packages for people affected by RAAC in their properties.
The Group had asked for an update on Damp and Mould. Kelda advised that there had been no significant updates since our last meeting; but that we had asked landlords to confirm whether they met all duties in relation to tenant and resident safety, in their Annual Assurance Statements. This included a specific reference to damp and mould. She explained that returns had been considered and are being used to inform the current risk assessment process for all landlords. SHR also continue to monitor any complaints received regarding damp and mould. The Group voiced their concerns about appropriate funding to monitor damp and mould in the social housing sector.
The Group had asked for an update on rent increase and affordability. Kelda noted that last year this information has been collected in early 2023 on the request of the Scottish Government. We have not been asked to do this in 2024. She did note, however, that SHR will get a formalised record of rent increases when Charter returns are received in June 2024. She also noted that the National Panel survey included reference to affordability.
Kelda also provided an overview on recent and upcoming SHR publications and events that had not already been discussed (SHR Regulatory Framework and Parliamentary Committee appearances). In February, SHR representatives will be speaking at the Highland & Island Liaison Group and also Association for Public Service Excellence. In March, we will speak at the CIH Housing Festival and the SHARE Annual Conference. On 1 April, the new Regulatory Framework will go live and shortly after the outcome of Risk Assessments and publication of Engagement Plans will also take place.
6. Regional networks update
Shona advised that the SG Tenant Participation Team had been discussing satisfaction surveys with the Regional Network. In particular, the discussion raised concerns regarding lack of input from tenant representatives as to the design of surveys and and survey results. The Group also noted the differing methodologies for collecting tenant satisfaction and the impact this might have on results when comparing landlords or different years. Kelda pointed out that there was guidance on SHR’s website on conducting surveys. This advisory guide outlines the range of survey methods available to landlords and sets out best practice approaches for each method.
Shona updated that the Liaison Group rebranding exercise is underway, TPAS are facilitating, the first part of the exercise would be an online vision workshop on 13 February 2024. The Communications Group will work with TIS on this piece of work. The timeline is working toward rebrand approval at the AGM on 1 June 2024 with a launch at the TIS conference later in June. Shona advised that she update SHR on progress.
Kelda noted that the Group Terms of Reference document required to be updated, and asked if it would be sensible to have this as an agenda item at the July meeting which would be post rebrand. This was agreed.
7. Any other business
Shona asked for an update on the ARC indicator review, Kelda advised we would provide this as soon as available.
Liz queried if the new measures under the United Nations Convention on the Rights of the Child (UNCRC) (section 17 - introduction of the Child rights and wellbeing impact assessments as of 16 July 2024) were being considered against the impact on our work, Kelda advised that she would confer with colleagues on this and feedback after the meeting.
8. Date of next meeting
Kelda advised that the date of the next meeting is 7 May 2024 this will be attended by George and Michael to take questions from the Group. SHR Tenant Board members are also due to observe. It had been agreed this would be in person, with a venue TBC but this will be in Glasgow with an 11am start to allow for travel time. Kelda reminded the Group that travel expenses were available plus accommodation for those coming from a non-commutable distance, and also advised that there would be a zoom link available for those that cannot attend in person but still want to be involved in the meeting.
Kelda reminded that the remaining dates of 2024 had been agreed as:
- 30 July
- 29 October
And that there was scope to have one of these in person if preferred.