Renting Homes: The Final Report - Law Commission

PART 10
SUPPORTED HOUSING
INTRODUCTION 1
10.1 One of the biggest challenges which has faced the Commission in this project
has been the creation of a legal framework for the regulation of supported
housing. Supported housing comes in a wide variety of forms and types of
provision, but it is all designed to provide accommodation for some of the most
disadvantaged and socially excluded members of our society. This very fact
creates its own challenges. Managing supported housing, difficult at the best of
times, can on occasion be extremely dangerous, as occupiers – under the
influence of drugs or alcohol – may behave erratically and threateningly.
10.2 Our thinking about the best way to develop this part of the law has changed
dramatically during the consultation process. Initially we suggested that all
projects providing an appropriate level of supported accommodation to vulnerable
groups should be excluded from our proposed statutory scheme and from the
Protection from Eviction Act 1977. 2 We also suggested that the Secretary of
State could have a power to hold a list of such projects.
10.3 Our reason for adopting this “hands-off” approach was that we thought this would
be the best way to provide a legal environment that would facilitate supported
accommodation for all kinds of short-term social projects such as hostels, drug
rehabilitation projects, and foyers. The statutory list would have provided a level
of certainty arising from the lack of statutory protection available to such projects,
overcoming current difficulties in identifying the legal status of certain projects.
10.4 Responses to these proposals were very critical. We were told that we had failed
to appreciate the diversity of supported housing schemes, the extent to which
providers were committed to giving occupiers of supported housing the most
extensive security possible and the increasing professionalisation in supported
housing arising from the Government’s Supporting People 3 programme.
THE NEW APPROACH
10.5 On closer investigation, we realised that the philosophy that underpins the
Supporting People programme presented an excellent basis for developing our
own ideas for the reform of the law. The legal framework we now recommend
responds by providing user perspectives, clear frameworks and accountability of
providers. In addition it provides for the stepped progression of clients from
housing dependency towards housing independence.
1 Supported housing is discussed in Part 16 of Renting Homes (2003) Law Com No 284.
2 See paras 9.101 to 9.107 of Renting Homes (1): Status and Security (2002) Law
Commission Consultation Paper No 162.
3
Department of Social Security, Supporting People: A New Policy and Funding Framework
for Support Services (1998).
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