Social Tenant Access to Information Requirements: policy statement
Published 20 May 2024
Applies to England
© Crown copyright 2024
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This publication is available at https://www.gov.uk/government/consultations/social-tenant-access-to-information-requirements-consultation/social-tenant-access-to-information-requirements-policy-statement
Private registered providers (“registered providers”) must provide their social housing tenants with access to information related to the management of social housing that they hold, or is held by other bodies responsible for the management of social housing on behalf of the registered provider. This policy statement sets out the requirements that registered providers must meet relating to the sharing of information, as well as the circumstances in which they may withhold information.
Registered providers must publish certain information about their activities and provide relevant information in response to requests from tenants unless it is reasonable to withhold the information from disclosure. In doing this, registered providers should demonstrate a commitment to transparency, accountability, and tenant involvement.
The primary objectives of the requirements are to ensure that registered providers are open with their tenants, that tenants can access the information they need about their housing, and that tenants are empowered to hold their landlords to account for the quality of housing and services they provide.
Registered providers will not be required to disclose information where doing so would bring them into conflict with any statutory provisions.
Chapter 1: Publication scheme
1. The Social Tenant Access to Information Requirements (STAIRs) establish a publication scheme which sets out the classes of information registered providers must make available proactively, or otherwise make available as a matter of routine, where it is information which they hold and which falls within one or more of the categories set out in Table 1.
2. Registered providers must:
- specify the information, which is held by the registered provider, and falls within the classifications in Table 1
- proactively publish or otherwise make available as a matter of routine, information, which is held by the registered provider and falls within the classifications in Table 1
- make tenants aware of the publication scheme so that information can be easily identified and accessed by tenants
- review and update on a regular basis, the information the registered provider makes available under the Social Housing publication scheme
| Class of information | Information typically included |
|---|---|
| Governance and decision making | Senior staff names and roles, organisational structure and governance arrangements Decision making processes and policies, prioritisation of complaints, information on tenant consultations (including methodology), tenant meeting minutes and agendas |
| Spending | Spending, grants, use of service charge revenue |
| Housing stock management | Plans, maintenance work, progress towards net zero, stock transfers |
| Performance | Inspections outcomes, ratings, performance reviews, evaluation reports, Tenant Satisfaction Measures, media releases, complaint metrics, information request data, information request responses, health and safety performance and assessments, maintenance work, number of evictions |
| Housing services | Description of services, advice, and guidance for tenants |
| Lists and registers | Information held in registers required by law and other lists and registers relating to the management of social housing |
| Social housing management | Policies relating to the management of social housing |
Chapter 2: Information requests
What information is covered?
1. The information covered by this policy is relevant information (as defined in paragraph 2) which is held by the tenant’s landlord or by a body/person responsible for the management of the tenant’s housing on behalf of the landlord.
2. Relevant information is information related to the management of a registered provider’s social housing. This may include details of policies, plans and actions carried out in the management of social housing, and information captured and retained to support these activities. Examples of relevant information may include, but are not limited to:
- The handling of property moves
- Rent collection
- Rent rates
- Service charges for shared owners
- Occupancy rights
- Estate management, management of communal areas and boundary issues
- Property conditions, repairs, and improvements to property
- Anti-Social Behaviour
- Staffing and training
- Complaints handling, procedures and performance
- Compensation and redress
- Communication and customer service
- Health and safety
- Data handling and privacy
- Security
- Housing stock transfers and mergers
- Housing stock profile
- Environmental and energy efficiency information
3. Information which is not relevant information includes, but is not limited to:
- Matters determined by local councils, including their allocations policies and homelessness.
- Information about the management of property that is not related to the provider’s social housing functions.
4. Information is not “relevant information” if there is a right of access to that information by or under any statutory provision.
Who can make requests?
5. Information requests can be made by a social housing tenant of the registered provider, or a tenant may nominate a designated representative to communicate with their provider on their behalf. Tenants must identify their representative to their provider.
6. For a request to be valid, the applicant must be identifiable and the request must be made in writing. A tenant or their designated representative does not have to mention STAIRs in order for the requirements under STAIRs to apply. Registered providers must make reasonable effort to assist applicants to make a clear and valid request.
7. Registered providers are expected to inform tenants of this policy and how to request information, through tools such as the tenant handbook and the registered provider’s website if one is used.
Processing requests
8. Registered providers must, unless it is reasonable to withhold the information from disclosure (see paragraphs 14-17), fulfil requests for relevant information.
9. Registered providers may withhold information that a tenant or designated representative requests where it is not reasonable in the circumstances to disclose the information based on the protections set out in paragraphs 15 - 17.
10. If the relevant information is held by a body/person responsible for the management of the tenant’s housing on behalf of the registered provider, the registered provider must use all reasonable endeavours to obtain the information and fulfil the tenant’s request for relevant information.
11. Registered providers are not required to create new records to comply with the information request.
12. Registered providers must not destroy, manipulate or alter the information that is requested with intent to prevent disclosure.
13. Registered providers are not required to share information if it may be accessed through a statutory regime. In these circumstances, the registered provider should make reasonable efforts to direct the tenant to the appropriate route for accessing the information.
Refusing information requests
14. A registered provider may refuse an information request where:
- It is reasonable to withhold the information from disclosure (see paragraphs 15 - 17)
- The identity of the applicant cannot be established.
- The meaning of the request is not clear.
- The information requested is not relevant information (as defined in Chapter 2 Paragraph 2).
- The work involved with responding to the information request would exceed 18 hours of staff time.
- The request is repeated, including where registered providers receive repeated requests from multiple applicants acting in coordination.
- The request is offensive or communicated in an abusive manner.
15. In deciding whether or not it is reasonable to withhold information, providers must have due regard to the protections afforded to certain classes of information (and to how those classes of information are defined) in the Freedom of Information Act 2000 and Data Protection Act, and any other relevant statutes.
16. In assessing whether or not it is reasonable to withhold information, registered providers should not refuse a request on the basis of: -
- the applicant’s identity or reasons for the request, beyond ensuring they are a tenant or a representative acting on their behalf; or
- how the information is to be used following disclosure.
17. In assessing whether it is reasonable to withhold information from disclosure, providers should balance factors favouring disclosure against the likelihood of any harm arising from disclosure. Where the relevant information was provided by or relates to a third party, the registered provider must take into account the views of that third party regarding the likelihood of any harm.
Responding to information requests
18. Registered providers must respond to an information request promptly, and no later than 30 calendar days from receipt. Further time is permissible in exceptional circumstances:
- to consider whether it is reasonable to withhold the requested information; and/or
- to arrange access to relevant information held by a contractor or by another body on the provider’s behalf.
19. In circumstances where a registered provider is taking further time to respond to the request, they must respond in a timeframe that is reasonable.
20. Registered providers must notify applicants if their request is refused or will be delayed ensuring the reason is provided, including details of when they can expect to receive a response.
21. Providers may redact documents where appropriate.
22. Providers must make a reasonable effort to ensure information is disclosed in a format that is accessible to applicants.
23. Registered providers should guide applicants to other information resources relevant to their request, where they are aware of them.
24. Where the communication is identifiable as an information request but the information requested is unclear, providers should make reasonable effort to assist applicants to make a clear and valid request.
Complaints
25. Where the applicant is dissatisfied with the handling or outcome of their information request, they should first complain to the provider.
26. The provider must then carry out a review. This should normally be carried out within 30 calendar days of receipt; however additional time may be required in certain circumstances.
27. If the applicant is dissatisfied with the provider’s response to the review, they will be able to directly escalate this to the Housing Ombudsman under the terms of the Housing Ombudsman Scheme. Responses to review requests should inform tenants of their right to access the Housing Ombudsman Scheme.
28. The Housing Ombudsman will not be able to consider a complaint where the tenant has an alternative source of redress in relation to data protection legislation.
Appendix 1: Oversight and Complaints
The Housing Ombudsman Service
1. Paragraphs 27 to 28 of the policy statement provide an overview of the Housing Ombudsman’s role in resolving disputes between registered providers and tenants relating to information requests.
2. Providers are required to assist the Housing Ombudsman and provide any information requested by the Ombudsman under the terms of the Housing Ombudsman Scheme.
3. Providers are required to adhere to orders made by the Ombudsman under the terms of the Housing Ombudsman Scheme.
4. The Ombudsman may issue good practice guidance to providers relating to the Social Tenant Access to Information Requirements and the provider should have regard to this.
The Regulator of Social Housing
5. The Regulator of Social Housing sets standards which set the outcomes that all registered providers must deliver. This includes the Social Tenant Access to Information Requirements for private registered providers. The regulator has a statutory duty to carry out its functions in a way that minimises interference and so far as is possible is proportionate, consistent, transparent and accountable. Further information on the regulator’s approach to regulation can be found on the ‘Regulating the Standards’ section of its website.
6. While the Housing Ombudsman Service’s role is to respond to individual complaints in respect of the Social Tenant Access to Information Requirements, the regulator’s role lies in holding registered providers to account for delivering the outcomes of its standards, which includes the requirements of this policy statement.
Appendix 2: Guidance
Guidance and best practice for this policy is provided by the Housing Ombudsman Service.
Appendix 3: Glossary
1. Applicant: the tenant or their designated representative who has made an information request.
2. Designated representative: any person nominated by a tenant, to communicate on their behalf with their landlord.
3. Landlord: This refers to private registered providers of social housing.
4. Tenant: This refers to a tenant or other occupier of social housing including licensees and shared owners owning less than 100% of the property equity.