Season 4 episode 4 – February 2024

Victoria King, Sector Learning and Development Lead

Hello, welcome to our podcast. Today we are recording our second part of our podcast on our Spotlight report on attitudes, respects and rights -relationships equals. I'm Victoria King, Sector Learning and Development Lead here at the Housing Ombudsman Service. And I am joined again by the lovely Zoe Miller. Zoe, would you like to introduce yourself?

Zoe Miller, Compliance and Systemic Investigation Manager

Hello, I'm Zoe and I am one of our Compliance and Systemic Investigation Manager at the Housing Ombudsman and I was the lead author on this report.

Victoria King, Sector Learning and Development Lead

Thank you, Zoe. And we've also got Paul Miller. Paul, do you like to introduce yourself?

Paul Miller, Public Affairs and Parliamentary Officer

Hello, I'm no relation to Zoe, I'm Public Affairs and Parliamentary Officer here at the Ombudsman and I have contributed to some of the policy recommendations in the report.

Victoria King, Sector Learning and Development Lead

Zoe I'm going to come to you first, if that's OK. In the report, we break it down into case studies, people and processes. Why did you do that?

Zoe Miller, Compliance and Systemic Investigation Manager

This structure was led by the themes from the cases and quite early on in our case reviews, we could see that there were these two distinct areas. The people section is fundamentally about attitudes and approaches. Over 2/3 of the cases that we considered for this report featured communication as a key issue. Also, in our call for evidence that we discussed in the previous podcast, residents overwhelmingly rated their landlords as poor communicators across vital services.

The main areas of concern included insensitivity, dismissing the resident and their lived experiences, and offensiveness, which included an accusatory tone. The case studies in the people section cover a range of examples regarding how landlords have responded to issues such as illness, health and safety concerns and domestic abuse. In terms of processes, we know that all staff operate within systems and processes and that's why we have that separate section. By processes in this context, we are referring to the external and internal frameworks, such as policies and procedures, as well as legislative and regulatory requirements. The section also looks at areas such as reasonable adjustments, investigating allegations, service charges and contact restrictions. We then have the case studies where these have been handled badly, as well as cases where we have found no maladministration.

I would just like to note, because this is really important, that although processes are often a reflection of the attitudes within an organisation, conversely, we've seen that skilled and empathic staff can be let down by the process. That's why throughout the report we talk about the human centric service provision and making sure landlord policies are reflective of that because it's a really important starting point. We also make specific recommendations about that in the report.

Victoria King, Sector Learning and Development Lead

Thank you, Zoe. What is meant by the focus on future proofing services?

Zoe Miller, Compliance and Systemic Investigation Manager
Yes, thank you. This recommendation was influenced by the research we carried out whilst writing the report, particularly Doctor Simon Williams's Forecasting the Customer of the Future in Social Housing Research study of April 23, as well as Professor Sorry, Professor Whitty's annual report and comparing the census data from 20 years ago present.

It is clear that both the needs of the population as a whole are changing as well as within the social housing sector. We talk about an evolving appreciation of mental health, dementia, autism, for example, and how landlords’ services cannot be isolated from that. We also reference an ageing population and the particular considerations for landlords in rural and coastal areas. Just a few examples to highlight that point. We know that in 2021 to 2022, 43% of new social housing letting households included at least one person with a long term physical or mental health condition. Also, the proportion of potentially vulnerable new residents allocated general needs housing and not supported housing included 73% who have been statutory homeless and 66% both households who had a disability or access related housing need.

We go on to say in the report that landlords must adjust their approaches and attitudes to meet the needs of this changing population. Without this approach, we feel that residents are at risk of being labelled, but without any associated benefits that a label can bring. Going back to future proofing specifically, rather than find themselves in a reactive mode in 10 years’ time, we're encouraging landlords to start looking at their own regional data and the data held about both their current residents and the likely future residents and start making those provisions now. So, this includes looking at what aids and adaptations properties might need and other reasonable adjustments. It's important though to say it's not just about looking at those aspects. It's also again coming back to what we've said about approach and attitude. Landlords need to look at their current approaches to residents and their individual circumstances and really ask themselves, are we satisfied that our approach works?

That needs to include everything we cover in the people section around language and tone and where the staff are given sufficient training and guidance to have what can be really difficult and emotive conversations around areas such as grief and loss. This is really important anyway. But going back to Doctor Simon Williams study, he found that residents will expect landlords to better understand their needs and service expectations in the future. And crucially, to support what he says, the whole person. So not it's not just about providing the housing, it's about preparing for that key aspect as well.

Victoria King, Sector Learning and Development Lead

Thank you, Zoe. I've got two questions now. I think you might be able to answer them in one. I'm going to read them both out.

We know that landlords are operating in really challenging conditions and that this report can actually potentially be seen as adding to those pressures. What is your response to that?

Then my second question is the report says that general needs landlords are not expected to become specialist in things like grief, illness, disability, neurodiversity, etcetera, and all of the things that entails, like fulfilling the role of healthcare experts. If not this, then what do we at the Housing Ombudsman expect?

Zoe Miller, Compliance and Systemic Investigation Manager

Yes, thank you. In terms of the challenging conditions and the pressures, this is something that came up when our expert panel reviewed the draught report. When we submitted it to them, we really hoped we have got this message across sufficiently in the draught. It was really helpful to know that actually we hadn't. Our panel felt really strongly that the section that we'd written in the report about the pressures landlord sometimes face about being verbally abused or threatened by residents should have greater prominence in the report. We did adjust that section accordingly.

We make it clear we absolutely do not expect landlords to tolerate any form of abuse or threatening behaviour. We really understand that there will always be some occasions where contact does have to be restricted. But what we do say is make sure you're following your own contract restriction process and policy, be fair in its application and keep those restrictions under review and communicate the decisions made and the rationale.

In terms of what you've asked about the general needs point, because that is the theme that that permeates in the entire report. You are absolutely right. We are not saying that landlords must now become specialists. There is no requirement for landlords to become social workers, counsellors, occupational therapists. It is about knowing when that input is required, making those referrals or signposting residents.

The good practise example of WHG because their work really highlights this distinction and where the role of the landlord begins and ends. This does absolutely require multi agency working, but we recognise in the report that the onus for this is not on the landlord, and we have made a specific recommendation to that effect and said there should be a statutory duty on agencies to cooperate with landlords. So, this pressure is not for landlords only. I would say as well that some of the pressures felt currently by landlords, such as a high complaint rate and the involvement of the Housing Ombudsman can be reduced by adopting our recommendations. For example, we say in the report that where there are allegations of discrimination or unfair treatment, failing to respond to those only make the underlying issue and feeling more pronounced with the resident. It's far better to address any allegation and investigate it at the time and although that may contribute to more short-term pressure, it does reduce it further down the line.

Victoria King, Sector Learning and Development Lead

Thank you, Zoe. I bumped into a couple of ladies from WHG at the Nat Fed conference at the end of February and they were really pleased to see that good practise example in the report, they worked really hard on that intervention.

If you have not read it already, have a look at that example because it's a really good example. My last question for you, Zoe, before I start questioning Paul. You provide recommendations for both landlord leadership and also for case handlers. And hopefully every landlord in the country picks up a copy of this report. They read it, they soak it in, they self-assess, but once they have done that, what do we expect from landlords with regards to taking these recommendations forward?

Zoe Miller, Compliance and Systemic Investigation Manager

Yes, thank you. With each Spotlight report, we learn from the last and look at is there anything else that we need to publish in conjunction with the report that that will help that learning and any additional resources needed? With this report, we have actually produced an expectations document for the first time. There's an expectations document for landlords and also one for residents. That is absolutely worth a read through. What I would say in terms of further expectations is that we have found from previous Spotlight reports that most landlords find self-assessing against our recommendations are really useful starting point and then devising an action plan as the result of that. For example, I'm currently working on the evaluation of our noise report and 60% of landlords have self-assessed against the recommendations in that report. Other landlords have not done so, but instead they have identified what they need to focus on through different means and have approached it slightly differently. It is really about what works for the individual.

Then once the landlord has read the report and the recommendations, I would suggest there needs to be some form of prioritisation or a RAG rating. Again, that will vary landlord to landlord and some of the recommendations are interlinked as well. So may not need individual responses. A landlord may decide they need a vulnerability strategy and then the staff training needs could be addressed through that and not necessarily through a separate one. It's very much landlord to landlord basis.

Victoria King, Sector Learning and Development Lead

Thank you, Zoe. I know you said you said there about the rag rating red, amber and green. Other landlords have done a rating 1 to 5. With 1 not being met 5 met and then assessing them on that and then what steps to take them from whatever rating it is too 5 and really giving that recommendation to a board member to own and report back on.

Zoe Miller, Compliance and Systemic Investigation Manager

I like that. Yeah, fantastic. We do not have a preference. We do not say you must approach it in this way, but it needs to be done in a way that's going to have benefit and be tracked either through the way that you have suggested or through another means.

Victoria King, Sector Learning and Development Lead

Brilliant, and hopefully on our virtual workshops we will have lots more examples of how landlords are doing this successfully with the recommendations from all of our reports.

Zoe Miller, Compliance and Systemic Investigation Manager

Great plug there.

Victoria King, Sector Learning and Development Lead

Centre for Learning, check out the Learning Hub. Thank you, Zoe.

Victoria King, Sector Learning and Development Lead

I have got some questions for you now, Paul. This is the first time a Spotlight report has included recommendations for government and policymakers. What prompted this?

Paul Miller, Public Affairs and Parliamentary Officer

Victoria, this is in recognition that social landlords do not operate in a bubble. What they do need to be seen in a wider policy context. When it comes to how landlords care for vulnerable residents, there are absolutely areas where landlords need to meet basic legal obligations around things like reasonable adjustments. In those areas the policy framework from government is already there to do that. But to reach that gold standard across the board, we believe that there needs to be a framework of legislation, regulation, guidance and there needs to be funding to go with that.

That reflects the role of social housing in the 21st century, the role it plays and our understanding of vulnerabilities today compared with when the term general needs, for example, was first conceptualised and while the government has gone some way to, addressing systemic issues in social housing through, for example, the Social Housing Regulation Acts, in this report we have identified further measures that we think would prevent issues at source that doesn't just include those recommendations for landlords. We think that has to include recommendations for government and policy makers as well.

Victoria King, Sector Learning and Development Lead

Thank you, Paul. In your recommendations for government and policymakers, there is one in there about establishing a new Royal Commission for housing and to introduce a new duty to cooperate for social housing providers. What impacts would these two measures have if they were to be established?

Paul Miller, Public Affairs and Parliamentary Officer

A royal commission we think, would bring a long-term policy focus to an area which has had, a lot of chopping and changing over the years. We have had 16 housing ministers in the last 13 years and successive governments have maybe papered over the cracks that have not addressed the root causes of issues. You can see from that there needs to be a fundamental reset

In many ways the social housing sector, whilst it stands on the shoulders of giants to a large degree, can be seen as maybe hide bound to a certain extent by some outdated ways of thinking. For example, is there such a thing as general needs, for example, the impact could be massive in reuniting the relationship between housing and health which has been lost in recent years. We know that the first and last Royal Commission on housing in 1884 did so much to imagine the role of social housing then, and we think a new one would help reimagine the role of social housing in Britain today. Whereas the royal commission is looking very much long term, introducing a new duty to cooperate for social landlords, but also actually for other support agencies with social landlords is a measure that we think can be brought in immediately.

When we just look at our casework where there clearly have been examples of organisations not talking to one another. As Zoe said earlier, whilst social landlords are not medical professionals and they should not be treated as medical professionals, they do play a really close role in the lives of their tenants and can have a real impact on, the health outcomes of those tenants. That is reflected in a lot of academic research on that issue. We think the impact on both the Royal Commission, but also in the short term, a duty to cooperate provision underpinned by the way a consolidated definition of vulnerabilities. All the agencies are working together on a conception of vulnerabilities that reflects our understanding of that today.

Those recommendations will go a long way to supporting landlords in reaching their ambitions, which we know they have around some of the recommendations we have got in this report aimed at landlords, we think that would support them.

Victoria King, Sector Learning and Development Lead

Thank you, Paul. Thank you, Zoe. That's the end of my questions and have you got any final words for the end of the podcast?

I have. We are going to be running some virtual workshops, set for landlord leaders and case handlers and dates will be available soon. Keep an eye on our Centre for learning hub for those. We have also got a bigger e-learning coming out on the report and we are going to keep updating resources, case studies, and podcasts on this topic. Do check out our resources on our website under the Centre for Learning.

Zoe Miller, Compliance and Systemic Investigation Manager

Just following on from what you said, we are going to be having some more targeted micro learning. We have already done a bit of a mini evaluation as to how the reports been received and there are some areas that we think some further guidance would be helpful.

Victoria King, Sector Learning and Development Lead

Microlearning 5-10 minutes learning where you can get quick snapshots of information. We are going to be creating some of those. More to come. Keep an eye on our Centre for Learning tab on our website. Thank you both so much.

Zoe Miller, Compliance and Systemic Investigation Manager

It's been a pleasure.

Victoria King, Sector Learning and Development Lead

Pleasure talking to you both. Thank you for all of the hard work that's gone into this report. It's such a good read. If you have not read it already, please do. There is so many good examples in their case studies. It's packed full of case studies so do check it out if you have not read it already.

Zoe Miller, Compliance and Systemic Investigation Manager

Listen with the audio version that Paul narrated for us.