Key takeaways from The Supported Housing Regulation Consultation webinar

Following our webinar on the Supported Housing Regulation Consultation (the Consultation) on 30 April 2025, we discuss some of the key takeaways providers of supported housing ought to consider ahead of the Consultations deadline on 15 May 2025.

By way of background, the Consultation was introduced following the implementation of the Supported Housing (Regulatory Oversight) Act 2023 (the Act), and is seeking views on the proposed licencing regime, the National Supported Housing Standards and Housing Benefit changes. 

There is just over one week until the Consultation closes so it is imperative that providers of supported housing start to prepare for and submit their responses.

For a closer look at what the Consultation touches on please see here.

Key takeaways for providers: 

The Proposed Licensing Regime

• All housing that meets the definition of “supported exempt accommodation” will need a licence to operate, unless existing governance structures are in place and an exemption applies (i.e. if the housing is a Community Accommodation Service 2 (CAS2) scheme or Ofsted-regulated supported housing).
• As well as complying with the core licensing conditions, there may be discretionary conditions imposed by the licensing authority.
• The proposed core conditions are:
  • That the scheme meets the relevant accommodation standard.
  • That the scheme is suitable to be used as supported housing.
  • That the scheme has a process in place for the carrying out of needs assessments for its residents.
  • Conditions relating to the provision of care, support, and supervision.
  • That the scheme meets the National Supported Housing Standards.
• If you are providing personal care you must also be registered with the Care Quality Commission (CQC). This is a requirement under the core conditions relating to care, support and supervision and ultimately means you will not be provided with a licence.
• Additionally, if a care service in supported housing is rated as inadequate by the CQC at the time of applying for a licence, the licencing authority will reject the application.
• If a health and safety hazard is present at the most dangerous ‘Category 1’ level (as assessed using the Housing Health and Safety Rating System (HHSRS)) a licence will not be granted.
• The local authority can inspect the schemes applying for a licence and once granted, will inspect the scheme at least once during the five-year licensing period.
• The local authority may be confident that individual schemes are already compliant with the Standards and therefore may not need to inspect the scheme before granting a licence. This may be the case where support is being provided by another public body such as the National Health Service or a UK Government department.
  • Specific examples include domestic abuse refuges run by a specialist service and services already regulated by the CQC.
  • However, the CQC does not regulate the quality of accommodation, or any support provided, so the local authority may still need to confirm that the scheme meets existing standards and other licensing conditions.

• That the scheme meets the relevant accommodation standard.
• That the scheme is suitable to be used as supported housing.
• That the scheme has a process in place for the carrying out of needs assessments for its residents.
• Conditions relating to the provision of care, support, and supervision.
• That the scheme meets the National Supported Housing Standards.

National Supported Housing Standards (the Standards)

• The five Principles and seven Standards will apply to all types of supported housing in England (that are caught by the definition) and will require providers to evidence that they are delivering under the Standards. This will be a requirement in order to obtain and maintain a licence
• During the transitional period providers can voluntarily begin to implement the new Standards.
• The evidence needed to deliver under the Standards will vary depending on whichever standard is being evaluated, so please do review the Consultation for specific and detailed information on what exactly you will need to demonstrate under each Standard. 
• As a provider you will be required to develop a tailored support plan for each resident once their individual needs assessment has been completed (ideally before the resident moves in). The support plan needs to include information as to how you, as a provider, will deliver and support the resident to meet their support needs and will need to demonstrate that Standards are being complied with
• If there is evidence that you are already submitting to other bodies, such as the CQC, this can be used as evidence under the Standards.
• Please note that The Freedom of Information Act (FOIA) applies to local authorities. This would mean that certain data that is submitted around residents (i.e. criminal or medical information etc.) would be subject to the FOIA and could be requested by the public if it is included in your evidence to a local authority. Therefore, there needs to be some thought around the GDPR implications this could present and we would recommend that you obtain legal advice before doing so.

Planning use class

• A new planning use class will be implemented three years after the licencing regime has been introduced to allow providers to move between different types of supported housing without submitting a planning application to do so. 
• The Government has made it clear that this new planning class will not interfere with the privacy and safety of residents.

Definition of Care, Support and Supervision

• The Government is looking to use the definition of personal care, as defined under the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, which is regulated by the CQC. The Government is seeking views on how to define support and supervision within the Consultation, and you can provide your thought on this if you choose to respond.

Linking Housing Benefit eligibility to licensed provision

• The Government is considering linking the new proposed licencing regime in England to the eligibility for Housing Benefit.
• If you fail to obtain a licence you will no longer be treated as specified accommodation under the Housing Benefit regulations and will become a general needs accommodation.
• This would mean residents who require care, support or supervision would have to find/or have help to find alternative licensed accommodation as their Housing Benefit would need to be reassessed.

Responses to the Consultation can be submitted here: Supported Housing (Regulatory Oversight) Act – Consultation

This article is part of our Supported Housing series, click here to read more from the series.