STAIRs: A New Standard for Social Housing Providers

Obligation

STAIRs (England & Wales)

FOI (England & Wales and Scotland)

Publication of information

Registered providers to adopt and maintain a publication scheme, where information is published proactively for the benefit of tenants. Listed below are the aspects that should be included as part of the publication scheme. Landlords must:

• Specify the information that is held by the registered provider and falls within certain specified classifications;
• Proactively publish, or otherwise make available as a matter of routine, information that it holds and falls within the relevant classifications;
• Make tenants aware of the publication scheme so that information can be easily identified and accessed by tenants; and
• Review and update on a regular basis the information the registered provider makes available under the publication scheme.

Where information is held by a landlord’s subcontractors, the standard will require the landlord to use all reasonable endeavours to obtain the information from the subcontractor and provide it to the tenant. Landlords must also respond to specific information requests from tenants. They should also consider whether the information provided to tenants in response to information requests should be published under the publication scheme (the consultation looked for views on whether this should be made a requirement in the publication scheme).

England and Wales (Freedom of Information Act 2000 – ‘FOIA’): organisations must have a publication scheme which is approved by the Information Commissioner’s Office (ICO). This is the information the organisation must proactively publish.

They must publicise the fact that the information is available, and publish a guide to available information as well as a schedule of fees. Information held by subcontractors may be covered by FOIA and subcontractors are encouraged to forward FOI requests they receive to the public body.

Scotland (Freedom of Information (Scotland) Act 2002 – ‘FOISA’): organisations must have a publication scheme which is approved by the Scottish Information Commissioner. This is the information the organisation must proactively publish. They must publicise the fact the information is available, and publish a guide to available information. Information held by subcontractors may be covered by FOISA.

Who can make a request?

Social housing tenants of a PRP, or a tenant may nominate a designated representative to communicate with their provider on their behalf.

Tenants must identify their representative to their provider.

England and Wales, Scotland:
anyone can make a request (using their real name).

Processing Requests

PRPs must fulfil all requests for relevant information, unless it is reasonable to withhold the information from disclosure (see ‘Refusing a request’ below). Where information is held by a landlord’s subcontractors, the standard will require the landlord to use all reasonable endeavours to obtain the information from the subcontractor and provide it to the tenant. Landlords are not required to share information if it may be accessed through a statutory regime (but must direct the requester to it). Landlords must not destroy, manipulate, or alter the information that is requested with intent to prevent disclosure.

Registered providers are not required to create new records to comply with the information request.

England and Wales:

Public authorities must tell an applicant whether they hold the information and must provide that information. Requests must be made in writing.

Some information held by subcontractors may be covered by FOIA. Some information may already be readily available and should be shared through normal customer service routes. There are some exemptions to the Act – for example, if it would be against the public interest to release the information.

Altering or deleting information to avoid releasing it in response to a request is a criminal offence.

Scotland:

Public authorities must supply the information or explain why not. Requests must be in a format that can be kept for future use (e.g., in writing or video/audio format). Some information held by subcontractors may be covered by FOISA. Some information may already be readily available and should be shared through normal customer service routes.

There are some exemptions to the Act – for example, information to do with a current court case. It’s a criminal offence to hide, change or destroy information to prevent disclosure.

Refusing a request

A registered provider may refuse an information request where:

• It is reasonable* to withhold the information from disclosure
• The identity of the applicant cannot be established
• The meaning of the request is not clear
• The information requested is not relevant information
• The work involved in responding to the information request would exceed 18 hours of staff time
• The request is repeated, including where registered providers receive repeated requests from multiple applicants acting in coordination
• The request is offensive or communicated in an abusive manner.

*Reasonableness test: in deciding whether or not it is reasonable to withhold information, providers will have due regard to the definitions given, and protections afforded to, certain classes of information in the FOIA, DPA and any other relevant statutes. This means that, in deciding whether to withhold the information, registered providers will be expected to consider the requirements and exemptions in these pieces of legislation.

In assessing what is reasonable, registered providers should not refuse a request on the basis of:

• The applicant’s identity or reasons for the request, beyond ensuring they are a tenant or a representative acting on their behalf; or
• How the information is to be used following disclosure. Providers should balance factors favouring disclosure against the likelihood of any harm arising from disclosure.

Where the relevant information was provided by or relates to a third party, the registered provider must consider the views of that third party regarding the likelihood of any harm.

England and Wales:

Public authorities can refuse a request if it is not valid (in writing with a name and address) or if it would cost too much in staff time, if the request is vexatious, if the request repeats a previous request from the same person or if the information is exempt.

Scotland:

Public authorities can refuse a request if the request is not made in a recordable format, it would cost too much in staff time, if the request is vexatious, if the request repeats a previous request from the same person, or if the information is exempt.

Responding

Response must be prompt and no later than 30 calendar days from receipt. Further time is permissible in exceptional circumstances:

• To consider whether it is reasonable to withhold the requested information; and/or
• To arrange access to relevant information held by a contractor or by another body on the provider’s behalf. If taking further time to respond, provider must respond in a timeframe that is reasonable. Applicants must be notified if their request is refused or will be delayed ensuring the reason is provided, including details of when they can expect to receive a response. Documents may be redacted where appropriate. Reasonable effort must be made to ensure information is disclosed in a format that is accessible to applicants. Applicants should be guided to other information resources relevant to their request, where PRPs aware of them.

England and Wales, Scotland:

Public authorities have 20 working days to respond to a request.

Documents may be redacted where appropriate. Information should be provided by whatever means is most reasonable (including the preferences of the requester).

Complaints

Where the applicant is dissatisfied with the handling or outcome of their information request, they should first complain to the provider.

The provider must carry out a review, normally within 30 calendar days of receipt; however additional time may be required in certain circumstances.

If the applicant is dissatisfied with the provider’s response to their request for review, they will be able to directly escalate this to the Housing Ombudsman.

The Housing Ombudsman will not be able to consider a complaint where the tenant has an alternative source of redress in relation to data protection legislation.

England and Wales:

Public authorities are not required to have a complaints process. Where one exists, an internal review is the first step. Requesters may then appeal to the ICO.

Scotland:

Requesters should ask the authority for a review within 40 days after the date of response; requesters may then appeal to the Scottish Information Commissioner.