Supported Housing and the Law Sue Baxter Policy and Implementation Officer Sitra

IGP Grant from the Housing Corporation Partnership project between Legal Action Group and Sitra Written by a practioner and a lawyer Reading group comprising RSL, Housing Corporation, Managing agent and service user

Defining the sector Historic development of the sector has lead to a plethora of service provision, users and providers Providers range from single person private providers, through voluntary agencies, charities, Registered Social Landlords and Local Authorities Range of user groups from those with profound needs to those less dependent Differing service models from floating support to residential care homes

Supported Housing Ad hoc development means the law does not recognise the distinction of supported housing Spans lots of Government agendas e.g. housing, support, care, homelessness, health, crime etc Lots of statutes and government policy applies to supported housing Embraces lots of specialist areas of law

Dilemmas for the sector? Complexity of operating environment –No specific law for supported housing providers but a requirement to operate within the framework of the law –Impact of regulatory framework –Desire for good practice Lack of specific resources for the supported housing sector Need for better understanding of the sector and its constraints by other sectors, lawyers, health, social care etc

Common themes Managing vulnerability – capacity, POVA, human rights and user involvement Managing behaviour – anti-social behaviour, harassment, violence and substance misuse Managing Information – confidentiality, information sharing and data protection

Common themes ctnd Managing the occupancy agreement – lease/licence distinction and rights and responsibilities Managing the property – Repair, rent health and Safety Managing emergencies – prevention, dealing with crisis and post action

Law Regulation Good Practice

Legal Framework Common Law and statute Distinct areas –Contract –Tenure and Protection from Eviction –Homelessness –Discrimination –Human Rights –Anti-social behaviour

Regulatory Regime Housing Corporation Supporting People Audit Commission Commission for Social Care Inspection Managing organisations –Types of organisations –Governance and its instruments and structures –Employers and employees responsibilities

Future Developments Changes in law e.g. disability and housing law interface – Lewisham v Malcolm Housing and Regeneration Bill – new agencies for investment and regulation of housing Changes in funding regime ???????????????

Work Sitra –Influence agenda – horizon scanning –Partnership working –Bulletin and website – helpline –Training and conferences LAG and Sitra Supported Housing and the Law Conference 29 th April 2008 London –Lawyers, academics and providers –Individual rights and social responsibility –Human rights, Mental Capacity, disability and housing law

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