Four councils have been handed non-compliant C3 grades after failing to meet the English regulator’s new consumer standards.
The Regulator of Social Housing (RSH) has given the grades to Brighton and Hove City Council, the London Borough of Hackney, South Derbyshire District Council and Ashford Borough Council in four separate regulatory judgements.
The regulator said the grades mean “there are serious failings and they need to make significant improvements”. All four judgements relate to health and safety and are a result of responsive engagement with the RSH.
Each council failed to meet the Safety and Quality Standard, and South Derbyshire District Council and Ashford Borough Council were also found to be non-compliant with the Transparency, Influence and Accountability Standard.
The regulator is engaging with each landlord as they continue to address the issues that led to the judgements. The RSH said it is not proposing to use its enforcement powers in any of the cases at this stage but will keep this under review as each provider seeks to resolve its issues.
Kate Dodsworth, chief of regulatory engagement at the RSH, said: “Landlords must provide safe and decent homes for tenants by taking a proactive approach to delivering the outcomes of our standards. Making sure tenants’ homes are safe and keeping up-to-date data is key to meeting these objectives, as is ensuring there are effective approaches to handling complaints and engaging with tenants.
“The issues outlined in the judgements need to be addressed promptly and we are working intensively with each of the landlords as they put things right for their tenants.”
The regulator found that Brighton and Hove City Council failed to ensure that it is meeting electrical safety requirements, with around 3,600 homes not having a current electrical condition report out of a total of 12,100 homes.
The council lacks evidence of a current electrical safety certificate for more than 600 communal areas and cannot show that that it is meeting the legal requirements concerning smoke detectors for all of its homes.
It has more than 600 properties where a water risk assessment is required but has not been completed and more than 500 water safety remedial actions that were overdue by at least three months, although none were reported to be urgent.
Relating to fire safety, Brighton and Hove has identified more than 1,700 medium and low-risk fire remedial actions, the majority of which are overdue by at least two years.
The regulator found that the London Borough of Hackney has failed to ensure that it is meeting electrical safety requirements, with more than 15,000 homes without a current electrical safety certificate out of a total 21,500 homes. Of these, around 7,000 have never had an electrical safety inspection.
The council did not have evidence of a current electrical safety certificate for more than 200 communal areas and has over 400 homes that have not received a gas safety inspection within the statutory timeframe.
The London Borough of Hackney was unable to provide assurance that smoke detectors were fitted in almost 9,000 homes and that carbon monoxide detectors were fitted in more than 400 homes.
The council lacked assurance in relation to the quality of the data it holds and could not evidence that all required checks and remedial actions have been completed.
It was unable to provide assurance that health and safety requirements have been met for asbestos (in 170 properties), water safety (80 blocks) and lift safety checks (90 inspections) due to outstanding inspections/surveys.
The London Borough of Hackney reported that it has more than 1,400 open damp and mould cases, including more than 500 cases that are overdue, and over 600 cases identified as severe. The council also reported almost 1,800 overdue repair orders dating back to October 2023.
South Derbyshire District Council reported that fewer than half of the homes requiring a fire risk assessment have one in place, a number of homes did not have a valid electrical safety certificate, and more than 100 homes required further works due to “unsatisfactory certificates”.
The council, which owns almost 3,000 social homes, was unable to provide information relating to overdue remedial actions and does not hold any data relating to smoke alarms and carbon monoxide safety.
The regulator found a lack of accurate data on stock quality and weaknesses in the landlord’s approach to tenant engagement.
The RSH found that Ashford Borough Council does not have adequate systems and processes in place for the delivery and oversight of legal requirements relating to tenant health and safety, and that its data about its homes is of poor quality.
As a result of this, there are “serious failings” in how the council is meeting health and safety requirements, including overdue electrical safety checks, fire remedial actions that have not been completed, and smoke and carbon monoxide detection that has not been installed in some homes.
Ashford Borough Council reported that it has not carried out a full stock condition survey for more than 10 years and the information it holds on the condition of its homes is incomplete and out of date.
In addition, the regulator found that complaints are not being recorded consistently and the landlord provides limited meaningful opportunities for tenants to influence and scrutinise its strategies, policies and services.
Council responses
Brighton and Hove City Council
Brighton and Hove City Council said it is introducing a “string of urgent measures to build on the positive work already begun during the last 12 months”.
This includes investing more than £15m in making “rapid and necessary improvements” to its existing housing supply in direct response to issues raised in the report.
It also includes prioritising electrical checks on homes, making sure all homes have working smoke detectors, carrying out water assessments in homes identified at risk of potential problems and fast-tracking fire safety assessments.
The council is also clearing a historic backlog of repair work and reducing response times for new requests, as well as improving its collection and analysis of data.
Gill Williams, cabinet member for housing and new homes at Brighton and Hove, said: “The findings of this report are extremely serious, and we do not take them lightly.
“We have already introduced new measures to improve our work in each of the areas of concern identified by the Regulator of Social Housing.
“Clearly, however, there is still much work to be done and this council will not shy away from either the criticism within this report, or the urgent hard work needed to improve our services.”
Ms Williams added: “Our focus is not only on making sure all our homes are safe and that we are meeting expected standards as a landlord, but on exceeding these expectations and delivering a Brighton and Hove where everyone has a home which they can be proud of.”
London Borough of Hackney
Clayeon McKenzie, cabinet member for housing services and resident participation at Hackney Council, said: “We have never hidden the fact that we need to improve the service we provide to the people living in our homes. We have made strides towards this, and we are seeing improvements in both performance and resident satisfaction, but we fully acknowledge there is still more to do.
“As one of the biggest social landlords, there are huge challenges in delivering high-quality services – including a national shortage of council and affordable homes, overcrowding and years of national underinvestment in council housing.
“However, I can reassure everyone that we take our responsibilities extremely seriously. We know the positive impact well-maintained, safe and warm housing can have on people’s lives. This is why we self-referred our work in five areas – fire, gas, asbestos, water and lift safety checks – to the regulator as we had not fully met their measures by the end of June.”
Mr McKenzie added: “While we fully acknowledge and accept the regulator’s findings, since submitting our self-referral we have improved in all the five areas and we are now compliant with the fire risk assessment of communal areas. For the remaining areas we have improvement plans in place to ensure compliance by the end of August.
“Our satisfaction surveys have shown that residents are seeing the benefits of the steps we are taking – but while there is still a long way to go we are not going to waver on our work to continually improve the service, which I and everyone working across housing are committed to. We will take on board the regulator’s comments and findings to bolster the plans we already have in place.”
Ashford Borough Council
A spokesperson for Ashford Borough Council said: “We referred ourselves to the regulator following a commissioned external review that highlighted a number of issues with the Safety and Quality Standard and the Transparency, Influence and Accountability Standard.
“There has been a dramatic change already with the recruitment to key roles, the big six areas all close to being fully compliant and the subset compliance issues progressing well. We have a new IT system for monitoring all compliance and this will link into our main housing systems.”
The spokesperson added: “Since the review we have taken swift action and introduced a range of measures aimed at resolving the shortcomings highlighted by the Housing Quality Network. In working closely with the regulator, we believe we are demonstrating that we fully understand the importance of complying with all aspects of our health and safety obligations, and other areas including complaints-handling.
“A robust action plan continues to be worked through, and we are clear about the steps we need to take to address the outstanding issues and ensure 100 per cent compliance moving forward, so we can demonstrate this to our tenants and leaseholders, members, staff, the wider public and the Regulator of Social Housing.”
South Derbyshire District Council
Dr Justin Ives, chief executive of South Derbyshire District Council, said: “South Derbyshire District Council commissioned a self-assessment against the housing consumer standards that highlighted areas where we were falling short and consequently, we made a self-referral to the Regulator of Social Housing in April 2024.
“Subsequently, we wrote to tenants informing them we were not meeting the consumer standards and giving them our commitment to make changes, not just to meet the standards, but to become an excellent landlord.
“We also invited tenants to come forward to help us on that journey, and as a result we have increased the size of our re-energised tenants’ voice group. They are now actively engaged in helping us on our improvement journey.”
Dr Ives added: “As well as engaging additional resource and expertise, we have been working proactively and transparently with the regulator and elected members and have started implementing the improvements needed.
“There is still much to do, and we are concentrating our initial efforts on completing all the safety checks and repairs to ensure our tenants continue to live in safe homes.
“We shall continue to work closely with the regulator and our tenants’ voice group over the coming months to complete the work needed to become the landlord we aspire to be. We will continue to update tenants regularly and share our progress.”
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