The Housing and Regeneration Scrutiny Subcommittee of Tower Hamlets Council met on Thursday, 2 December 2021. The meeting addressed significant issues including the handling of the decant of residents from Clare House, the performance of social landlords, and proposed changes to tenancy conditions. Key decisions included a formal resolution to request an investigation into Spitalfields Housing Association and a strong reservation from the committee regarding the proposed changes to tenancy conditions due to a low consultation response rate.

Clare House Decant and Clarion's Performance

A significant portion of the meeting was dedicated to the experiences of residents from Clare House, a tower block decanted by Clarion. Aaron Robinson, Chair of the Residents Association for Clare House, presented a detailed account of the decant process, highlighting a lack of communication, inadequate contingency planning, and unsuitable temporary accommodation. Residents were reportedly given only five days' notice to leave their homes, with many left in the unsafe block for weeks afterwards. Issues included booking errors for temporary accommodation, families being placed in hotels with insufficient food allowances, and residents being told accommodation had not been paid for.

Robinson also detailed concerns about Clarion's lack of transparency regarding longer-term temporary accommodation and permanent offers. Residents were being asked to surrender their existing tenancy rights by signing an assured short-term tenancy for six months, a move advised against by solicitors. Clarion's refusal to release safety documents regarding the advice to decant the block, citing commercially sensitive information, further eroded trust. The psychological stress on residents was highlighted, with one resident suffering a heart attack due to the strain, and others developing severe PTSD and ME.

Councillors expressed significant concern. Councillor Marc Francis, representing Beau East Ward, noted that the committee had scrutinised Clarion's performance on repairs and housing management previously, with some complaints to the regulator being successful. He acknowledged the difficulty of the situation but criticised Clarion's handling, particularly their refusal to release inspection outcomes. Councillor Andrew Wood, representing Canary Wharf Ward, expressed shock at Clarion's lack of preparedness, noting that similar evacuations had occurred elsewhere in London. The committee resolved to write to Clarion and the executive, outlining the residents' plight and requesting immediate action, including addressing the lack of transparency regarding inspection reports.

Social Landlord Performance Report

Shalim Uddin, Affordable Housing Coordinator, presented the Social Landlord Performance Report. The report detailed performance across various key performance indicators (KPIs) for different Registered Providers (RPs). Several RPs showed declines in performance, with Clarion receiving a significant increase in stage one complaints and a decline in response times. Gateway also saw a drop in complaint response rates and was unable to provide data for certain KPIs. Spitalfields Housing Association provided no data for several KPIs due to a review of their complaints system, and members expressed concern about this lack of data. Notting Hill Genesis also failed to provide data for specific KPIs.

Positive performance was noted for Eastend Homes, One Housing, Harkers, and THCH, all showing improvements in complaint handling and/or relet times. The report also mentioned work by Hauffer and Partners in conjunction with the Tackling Poverty Team to distribute vouchers to vulnerable individuals.

During the discussion, Councillor Victoria Obaze raised concerns about the number of reds in the report, making it difficult to identify significant issues. She questioned why some housing associations had a disproportionately high number of stage one complaints relative to their stock. Shalim Uddin attributed this to various factors, including stock size and backlogs, and acknowledged the difficulty in obtaining robust supplementary commentary from RPs. Councillor Francis highlighted that residents were increasingly coming to him with issues, indicating a deterioration in basic housing management. He stressed the need for partnership with RPs, conditional on improved performance and transparency, and advocated for greater resident involvement at board level.

A significant point of discussion was the reporting of fire safety. Councillor Obaze questioned the system for measuring the timeliness and performance of fire risk assessments (FRAs). Shalim Uddin stated he would need to consult with the fire safety officer for clarification. Councillor Francis highlighted the critical issue of the quality of FRAs, citing the Clare House situation where an FRA in March did not identify issues that led to evacuation six months later. The committee agreed that obtaining data on FRAs issued by housing associations was important.

Concerns were also raised about the lack of sanctions against social landlords failing to improve. Councillor Obaze suggested penalties upon contract renewal. Councillor Francis noted the limited powers of the social housing regulator but urged the council not to shy away from seeking sanctions once new regulations are implemented. Anne, a resident, echoed the frustration of residents regarding the lack of tangible improvement despite statistics, particularly concerning fire safety and the difficulty in accessing published FRAs.

Spitalfields Housing Association

Councillor Francis proposed a formal resolution to ask the Mayor and lead member to request the regulator for social housing to undertake an investigation into the performance and governance arrangements of Spitalfields Housing Association, particularly concerning repairs. He noted that the organisation's performance and governance had not been assuaged by information provided. The Chair fully endorsed this, expressing concern over the lack of attendance from Spitalfields Housing Association's management board at previous meetings despite ongoing resident complaints. The committee agreed to write to the regulator.

Peabody Housing Association Performance

Vaital Tankil, Assistant Director for Resident Services at Peabody, and Tracy Packer, Director of Customer Service, presented on Peabody's performance in Tower Hamlets. Peabody manages over 4,000 homes in the borough, with a focus on general needs housing. The presentation detailed their local team structure, including neighbourhood managers and caretakers, supported by a 24/7 customer hub.

Performance figures for Quarter 2 showed six Stage 1 complaints, all responded to within target time, with no escalations to Stage 2. Relet times averaged 27 days for standard relets and 62 days for major works. Repairs performance indicated 446 emergency and 1,265 non-emergency repairs in Q2, with 70% completed on the first visit, identified as an area for improvement. Resident satisfaction with repairs stood at 88.1%, with 100% compliance for gas safety and fire risk assessments. Peabody has a pipeline of 548 new properties, with 249 planned for completion in the current financial year. The presentation also outlined COVID-19 support measures, including financial aid and food parcels.

During the discussion, Councillor Wood inquired about issues with heating and charging at Phoenix Works. Vaital Tankil stated he would provide a detailed update, noting that the regulator had questioned Peabody on this matter and that agreements had been reached with residents. Councillor Obaze asked about mechanisms for supporting overcrowded households, particularly during the pandemic. Vaital Tankil explained that while rehousing is challenging due to property availability, Peabody offers wellbeing programs and community centres as alternative spaces. Councillor Francis commended Peabody's commitment to affordable housing and good management but raised a specific complaint from a resident regarding a repair that did not reach a satisfactory conclusion, suggesting a need for learning from such experiences. Tracy Packer clarified that the performance figures for complaint response times presented in the report were incorrect and that Peabody had achieved 100% compliance in Q2, as detailed in their presentation slides.

Allocations Policy and Homelessness Transformation Programme

Rafiqul Hoque, Head of Housing Options, presented on the implementation and impact of the recent change in the allocations policy regarding the use of the private rented sector (PRS). The policy, effective from 25 November 2020, prevents homeless applicants from being rehoused outside the borough under prevention or relief stages, with a right to remain on the housing register for three years. Since its introduction, 70 households have been discharged into outer boroughs, with the majority of these lettings being within London. Hoque acknowledged the need for more work to inform applicants of their right to join the housing register.

Hoque also provided an update on the homelessness transformation programme, a three-year initiative ending in 2023-24. The programme aims to focus on early prevention, greater use of PRS and mediation, timely decision-making, reducing the use of expensive temporary accommodation (TA), and increasing income collection. The programme incorporates recommendations from the Homelessness Reduction Act (HRA) one-year review, and Hoque requested approval to close the HRA action plan, as its objectives would be covered under the transformation programme. Key achievements include the introduction of a new appointment system, reduction of a backlog of cases, and a training strategy for staff. The programme also aims to reduce net expenditure by £2 million, primarily through TA reduction.

Councillor Francis expressed strong disagreement with the policy of discharging duty into the PRS, characterising it as a policy pursued by other councils that is not in keeping with Tower Hamlets' historical approach. He shared the case of a constituent who, close to securing a social tenancy, was instead offered PRS accommodation outside the borough, leading to increased costs and insecurity. Councillor Victoria Obaze echoed these concerns, highlighting a resident who was shocked to be told she could not bid for properties in Tower Hamlets and had to leave the borough. Rafiqul Hoque clarified that the policy primarily targets new homeless applicants and that existing cases with accepted full duty are handled differently. He offered to investigate the specific case raised by Councillor Obaze. Anne, a resident, thanked Rafiqul Hoque for his assistance to individuals she had referred to him.

Proposed Revised Tenancy Conditions

Mark Slodkowski, Strategy and Policy Manager for Housing, presented the outcome of the consultation with tenants on proposed revised tenancy conditions, including the rescission of the second succession policy adopted in 1994. The consultation, which ran from 6 to 17 October, involved an online survey, a dedicated email address, and two webinars. A total of 130 comments were received from approximately 11,000 to 13,000 tenants, representing a low response rate of around 1%. The most common area of comment was succession, with around 30 comments, primarily questions about entitlement. However, approximately 15 residents requested the retention of the second succession policy.

The committee expressed significant concern regarding the low response rate to the consultation. Councillor Obaze stated she was really concerned and believed the consultation needed to be done again properly. Councillor Francis acknowledged the aspiration to change succession rights and questioned the necessity and driver for the change, noting that the current policy dates from 1994 and was adopted under the Localism Act. He also raised concerns about the council's role as a provider of homes versus units of accommodation and the principle behind the policy. Both councillors highlighted that many tenants who might be affected by these changes are not online and rely on direct communication. The committee expressed strong reservations about proceeding with the proposed changes based on the limited consultation response and requested further information on the rationale behind the proposed changes.

The meeting concluded with no other business raised.