Whistleblowing report 2022-23

About RSH

The Social Housing Regulator (the regulator) regulates registered social housing providers to promote a viable, efficient and well-governed social housing sector, capable of delivering homes that meet a range of needs. Registered social housing providers include housing associations, housing co-operatives, local authorities and for-profit providers.

the regulator statutory objectives [footnote 1] They are as follows:

Economic regulation objective

  • Ensure that registered social housing providers are financially viable and adequately managed, and carry out their functions efficiently and economically.
  • Support the provision of sufficient social housing to meet reasonable demands (including by encouraging and promoting private investment in social housing)
  • Ensure value for money is achieved from public investment in social housing
  • Ensure that no unreasonable burden is placed (directly or indirectly) on public funds; and
  • Caution against misuse of public funds.

Consumer regulation objective

  • Support the provision of well-managed social housing of adequate quality.
  • Ensure that actual or potential social housing tenants have an appropriate degree of choice and protection.
  • Ensure that social housing tenants have the opportunity to participate in their management and hold their owners accountable, and
  • Encourage registered providers of social housing to contribute to the environmental, social and economic well-being of the areas in which the homes are located.

We publish information about who we are and what we do in our website. We also publish more detailed information about how we regulate the sector.

What is whistleblowing?

The term whistleblowing is used to describe the actions of a worker who reasonably believes he or she is acting in the public interest by passing on information that may indicate certain types of wrongdoing. By transmitting that information, they are making a disclosure. Usually (but not necessarily) the irregularity will be something they have witnessed at work.

The regulator as a 'prescribed person'

Since 5 November 2019, the regulator is an appointed person under the Public Interest Disclosure Act 1998 in relation to matters relating to registered social housing providers. Before that date, the appointed person was the Homes and Communities Agency, calling itself Homes England.

The role of a designated person is to provide workers with a mechanism to make their public interest disclosure to an independent body where the worker does not feel able to disclose the matter directly to their employer, or where they have made a disclosure but their employer has not been able to act.

As an authorized person, the regulator must report annually on qualified disclosures made to it.

'Qualified disclosure' means any disclosure of information which, in the reasonable belief of the worker making the disclosure, is made in the public interest and tends to show one or more of the following: - a criminal offense has been committed, is being committed, or is likely to be committed; a person has breached, is breaching or is likely to breach a legal obligation; a miscarriage of justice has occurred, is occurring or is likely to occur; the health and safety of a person has been, is or may be in danger; the environment has been, is being or is likely to be damaged.

A qualified disclosure may also be information that tends to demonstrate that any matter falling within any of the preceding paragraphs has been or is likely to be deliberately concealed.

Receive referrals

The regulator considers all referrals and information received, including those that take the form of whistleblowing complaints. We consider whether we have a mandate to investigate the reference and, when we do, we follow the approach explained on our web pages (links above). Where the matter referred is outside our remit, we consider whether it would be appropriate to refer the matter to another organization in a better position to respond.

Number and result of complaints of irregularities by workers

Between 1 April 2022 and 31 March 2023, the regulator received 24 referrals which we consider to be qualifying disclosures on matters relating to the regulation of registered social housing providers in England (disclosures).

Number of disclosures received in 2022-23 and subject to initial review 24
Number of disclosures referred for further consideration in 2022-23 13
Number of disclosures investigated 5
Number of disclosures that result in or contribute to regulatory actions 1

Summary of measures taken

All disclosures received were subject to an initial review by our Regulatory Reference and Inquiry team, who considered whether the matters raised were within our scope and whether they represented a potential breach of our regulatory standards. As a result, 13 cases were referred through our internal processes for further consideration. There were no cases between 2021 and 2022.

Of the 13 cases subject to detailed consideration, we investigated 5 cases as they demonstrated a potential violation of regulatory standards or an issue requiring regulatory intervention.

In each of the 5 investigated cases that were disclosed in 2022-23, we contacted the registered provider and requested their response to the issues raised. In some of these cases, we also ask the complainant for more information or evidence to substantiate the allegations.

In 23 of the cases we closed in 2022-23, we were satisfied that there had been no breach of our regulatory standards and that tenants were not at risk as a result of the matters raised. In all 5 cases we investigated, we obtained assurances from the registered provider that they were aware of the issues raised and were responding appropriately, taking steps to manage and mitigate any risks arising as a result.

The remaining case we investigated resulted in or contributed to regulatory action being taken against a registered provider in the form of the publication of a Regulatory notice or regulatory ruling. When we conclude that a registered supplier is not complying with our regulatory standards, we will work closely with them as they take steps to resolve the issues. In this case, we worked with the registered supplier as it developed plans to remedy non-compliance with standards and continue to hold it accountable for the delivery of those plans.

How disclosures impact our goals

Some of the disclosures have resulted in the collection of useful information that has helped us meet our fundamental objectives.

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