Consultation outcome

Draft guidance note 18: Sections 269a- 269b – Censure of local authority employees (enforcement notice)

Updated 29 February 2024

Applies to England

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Applicable
PRP (For profit) no
PRP (Not for profit) no
PRP (Registered charity) no
Local authority yes

Type of power: enforcement power  

The power 

1 - This power enables the regulator to issue a censure notice to a local authority identifying an employee or agent who has contributed to failures during or following an inquiry under Section 206 of the Act. The local authority can then decide whether to take action against such individuals, as this is outside of the regulator’s remit.  

The regulator may issue more than one censure notice in relation to the same failure, but only one employee or agent can be named in each censure notice. 

When the regulator will use this power 

2 - Section 269A(1)-(4) of the Act sets out the circumstances where the regulator may issue a censure notice, which are:  

  • an inquiry under Section 206 of the Act is in progress and the regulator is satisfied that the affairs of the local authority have been mismanaged [footnote 1] and the interests of tenants of the local authority or its assets require protection; or  

  • the regulator is satisfied that the affairs of the local authority have been mismanaged or the local authority has failed to meet a standard under section 193, 194 or 194C of the Act where: 

  • the inquiry is in progress and the inquirer has issued an interim report; or 
  • the inquiry has concluded.  

Process for using this power 

3 - If the regulator is satisfied that the circumstances in section 269A (1)-(4) of the Act have been met, it will issue a censure notice identifying the employee or agent it concludes has contributed to the local authority’s failure or mismanagement stating the reasons. 

4 - Section 269B of the Act requires the local authority to respond to the regulator in writing within 28 days of receiving the censure notice. The response must: 

  • explain what action (if any) the local authority has taken or proposes to take in relation to the employee or agent 

  • explain why the local authority does not think that the employee or agent has contributed to the failure or mismanagement; or 

  • explain why the local authority does not think that its affairs have been mismanaged or that it has failed to meet a standard (as the case may be). 

5 - The regulator will consider whether the local authority’s response to the censure notice is satisfactory taking into account all the circumstances of the case. Where the: 

  • local authority has confirmed it will take specific actions and the regulator is satisfied with this, it will monitor progress 

  • regulator may consider exercising other powers in the event that the progress made is not satisfactory 

  • regulator may consider exercising its other powers at any time throughout the process if it considers it necessary 

Appeal process 

6 - There is no statutory right of appeal or appeals’ process in accordance with the regulator’s appeals scheme.

  1. Mismanagement has a specific meaning in the Act and is defined in s.275: Mismanagement in relation to the affairs of a registered provider means managed in breach of any legal requirements (imposed by or under an Act or otherwise). ↩

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