Last edited 12 Jul 2024

The Housing Ombudsman and Regulator of Social Housing

1 Background to housing services
2 Housing Ombudsman and New Homes Ombudsman MOU
3 Housing Ombudsman and Local Government and Social Care Ombudsman MOU
4 Housing Ombudsman and Regulator of Social Housing MOU
5 Related articles on Designing Buildings

[edit] Background to housing services

[edit] Local Government and Social Care Ombudsman

The Local Government and Social Care Ombudsman (LGSCO) was created in 1974 by the Local Government Act 1974 and established the Commission for Local Administration, the body that oversees its work and determines its strategic priorities. The service is independent of government and of Parliament and looks at complaints about councils and some other authorities and organisations, including education admissions appeal panels and adult social care providers (such as care homes and home care providers). The service is free, independent and impartial.

[edit] Housing Ombudsman

The Housing Ombudsman was established in 1996 as a non-ministerial government department, set-up to improve the lives of residents and the services of landlords through a housing complaints system. the Housing Ombudsman Service (HOS) is a free, independent, and impartial service which is funded by annual landlord subscription fees. The housing ombudsman investigates complaints and resolves disputes involving the tenants and leaseholders of social landlords (housing associations and local authorities), as well as for voluntary members (private landlords and letting agents).

[edit] Regulator of Social Housing

The Regulator of Social Housing (RSH) an executive non-departmental public body, sponsored by the Department for Levelling Up, Housing and Communities and was established in 2018. The RSH regulates for a viable, efficient, and well governed social housing sector able to deliver quality homes and services for current and future tenants.

[edit] New Homes Ombudsman Service

The New Homes Ombudsman Service (NHOS) was set up in 2022 in response to the Building Safety Act to provide a free and independent service to people who have bought a new build home and have concerns about the buying process, snagging or building defects that arise within the first two years from reserving the property or completing the purchase. Developers would be registered with the New Homes Quality Board (NHQB) which is subject to the New Homes Ombudsman Service. As members they are expected to comply with the New Homes Quality Code (NHQC), although the developer may sign up to other codes also run by NHOS such as the the Consumer Code for New Homes and the Consumer Code for Homebuilders. The Service is run by NHO Service Ltd, which is part of The Dispute Service Ltd, a specialist not for profit company which resolves complaints and disputes, commissioned to provide the Ombudsman Service by the New Homes Quality Code. Although initially a voluntary scheme if a developer has not taken up membership, the Secretary of State has the powers to require a developer to join and although this can be appealed.

[edit] Housing Ombudsman and New Homes Ombudsman MOU

In January, 2024 The Housing Ombudsman and New Homes Ombudsman signed a Memorandum of Understanding (MoU) setting out how the two bodies will work with each other. The MoU was based on the relevant provisions in the Building Safety Act 2022 and the Housing Act 1996. Whilst at the time it recognised the New Homes Ombudsman as a voluntary scheme, in effect the membership has become almost mandatory. The New Homes Ombudsman is required to maintain a public register of members of the scheme which applies to homes built or redeveloped following introduction of 2022 Act.

The MOU sets out the functions of each organisation and describes the arrangements for cooperation and communication between the two bodies in relation to their respective functions. It also clarifies any potential overlap in the jurisdiction of the Ombudsmen to ensure that it is clear to both parties which complaints they investigate.

A full copy of the HOS and NHO MOU can be downloaded here.

[edit] Housing Ombudsman and Local Government and Social Care Ombudsman MOU

In March 2024 the Housing Ombudsman and the Local Government and Social Care Ombudsman signed a Memorandum of Understanding (MoU) setting out how the two bodies would continue work with each other. The MOU was based on the provisions made under the Localism Act 2011, and it does not create or impose legally binding rights or obligations on the part of LGSCO or the Housing Ombudsman, both organisations are committed to working in accordance with its provisions.

A full copy of the HOS and LGSCO MOU can be downloaded here.

[edit] Housing Ombudsman and Regulator of Social Housing MOU

The Housing Ombudsman (HOS) and Regulator of Social Housing (RSH) have set out how they will continue to work together. The Memorandum of Understanding reflects their new powers under the Social Housing Regulation Act. Both bodies are committed to strengthening the accountability of social landlords for providing safe homes, quality services and treating tenants with respect.

A full copy of the HOS and RSH MOU can be downloaded here.

The updated Memorandum sets out a new framework of communication, cooperation and exchange of information between the regulator and the Ombudsman, and explains how each will work together to deliver their respective roles. Under the Social Housing (Regulation) Act 2023, the Memorandum is a statutory document.

The Memorandum includes commitments for:

Complementary approaches: both bodies will strive to achieve a compatible approach while respecting their independent roles.
Early communication: they will engage in early-stage communication on issues with potentially significant implications for each other.
Signposting: enquirers will be directed to the appropriate organisation, with clear explanations provided.
Regular meetings: regular communication, including meetings at various levels of seniority, will be maintained to discuss mutual interests and stakeholder engagement.
Promoting understanding: efforts will be made to promote understanding of their respective roles among residents and landlords.
Consistent communication: consistency will be ensured in how they communicate about each other’s roles.

Specific areas of information exchange have been set out, including the sharing of data on landlords, coordination on specific cases, intelligence on sector risks, and advance notifications of publications and enforcement actions. The Ombudsman and Regulator have also written to all social landlords setting out how they will work together under the Memorandum.

Richard Blakeway, Housing Ombudsman, said:

“We are both committed to the same objective, which is the long-term improvement of homes and services for residents and the growth of this vital sector. Our joint work, offering valuable data, insight, and thematic analysis, underscores a mutual understanding of the sector’s core issues — culture, repairs, and communication.”

Fiona MacGregor, Chief Executive of RSH, said:

“Each organisation’s role has developed as a result of the Social Housing Regulation Act, which gives us each new powers. In line with our remits, we will look to deliver our new roles in a proportionate way to ensure landlords deliver sustainable improvements where those are needed for the benefit of tenants. The updated Memorandum of Understanding gives landlords and tenants clear information about how we work together, in line with our distinct roles.”