ICO Publishes Detailed Guidance on Criminal Offence Data

Earlier this month, the Information Commissioner's Office (ICO) published detailed guidance discussing the use of criminal offence data in detail. Data Protection Officers and information governance teams should review the latest guidance to ensure RPs meet the obligations set out in the new guidance.

What is 'criminal offence data'?

The GDPR places obligations on organisations to put additional safeguards in place to protect 'personal data relating to criminal convictions and offences or related security measures'.

Clarity on the current stay on evictions and taking control of goods

You may have had sight of recent letters from the Lord Chancellor to the High Court Enforcement Officers Association requesting that evictions and enforcement by taking control of goods are put on hold. Firstly, whilst we were in the tiered lockdown system, he requested they don't take place in Tier 2 and 3 locations.

The Social Housing White Paper – A Brief Overview

The Government recently released its long-awaited Social Housing White Paper - The Charter for Social Housing Residents - that looks to reset the relationship between Registered Providers, residents and the Regulator for Social Housing (RSH).

The paper focuses on health & safety and tenant empowerment. The government will be working with the RSH to create a consumer regulatory regime which bolsters the formal standards against which Registered Providers are regulated.

A Warning to Water "Re-sellers"

The Royal Borough of Kingston-upon-Thames has lost its appeal to the Court of Appeal over a High Court ruling that it overcharged tenants for water.

It is not uncommon for local authority and private registered providers of social housing landlords to enter into agreements with water companies to collect water and sewage charges from their tenants. The tenancy agreements may state that the tenant is to pay water charges to the landlord as part of their rent.

The Water Resale Orders 2001 and 2006 cap the amount that landlords can pass onto its tenants as a water re-seller. In effect, landlords are made to pass on the benefit of any commission payments and deductions for voids that it may receive from the water company.

Forbes Solicitors Offers New Complaints Self-Assessment Support For Landlords

Forbes Solicitors is urging registered providers of housing to look beyond lockdown and remember to complete a new self-assessment for the Housing Ombudsman's Complaint Handling Code.

Introduced in July this year, the Code requires landlords to self-assess by 31st December 2020 in a move to promote the effective and fair handling of tenant complaints.

The National Housing Federation publishes new Code of Governance

The National Housing Federation (NHF) has this week published a new Code of Governance (the Code); the first in five years.

It is a requirement of all registered providers (RPs) of housing registered with the Regulator of Social Housing (RSH) to adopt a code of governance, with many RPs previously adopting the NHF’s 2015 code. The NHF have called on RPs to adopt the new code by 31 March 2021 and for a statement of compliance to be included within their 2021-22 annual reports. 

The new Code is a complete reworking of the 2015 version, with the NHF having focused on three key areas during drafting and the consultation stage:

• Upholding reputation of the sector.
• Ensuring equality, diversity and inclusion within all housing associations and their boards.
• The importance of being accountable to residents.

Property still open for business despite Lockdown 2

The government have confirmed the property market can continue despite Lockdown 2. How is the property market fairing during these uncertain times?

The Government says -

'You can still move home. People outside your household or support bubble should not help with moving house unless absolutely necessary.'

The Importance of Policies

CASE UPDATE:

The Board of Governors of IQRA Community Primary School (Respondent)

Ms F Mansur (Claimant)

Background

Ms Mansur was a Teaching Assistant at the Respondent school. The Claimants initial claim was direct sex/race discrimination, and unfair dismissal.

The new shared ownership model - is it a step towards addressing the housing problem or does it create more issues than it is worth?

Following the Making Home Ownership Affordable discussion paper in 2019, the government has launched a consultation on the new model to be introduced next spring. The consultation fills in some of the missing detail as to how the new model will work in practice.

The government has stated that approximately 50% of the 180,000 new homes delivered in the next 5 years will be affordable homes, with the majority being shared ownership.

Spotlight on...

Bethany Paliga

Solicitor and Accredited Data Protection Practitioner

I qualified as a solicitor in 2017 into the Governance, Procurement and Information (GPI) team at Forbes Solicitors.  Prior to qualifying, I worked as a paralegal in the Housing Litigation department where I worked on ASB and other property dispute.  Since qualifying, I have led the ‘Information Law’ element of the GPI team, focussing on data protection, GDPR and Freedom of Information advice to clients.

I specialise in advising clients in the public, quasi-public and third sectors, predominantly in the fields of social housing and education.  I obtained my Accredited Data Protection Practitioner certificate in December 2019, following lots of studying and a final 3 hour exam.

I have worked with a number of RPs since qualifying and regular advise them on the following:

• GDPR compliance;
• Supporting DPOs to discharge their statutory duties under the GDPR;
• Assessing GDPR compliance;
• Handling and supporting RPs following personal data breaches;
• Handling and supporting RPs with subject access requests and other requests made from individuals; and
• Preparing various policy and procedure documents.

Qualifications

I studied law at university before passing the Legal Practice Course with a Distinction at the College of Law in Manchester.  Last year, I also obtained the PDP Data Protection Practitioner Accreditation, achieving a Distinction.

Three words that describe me

Calm, dependable and hardworking.

Hobbies and interests

I enjoy running with my dog and pre-Covid we would make a regular appearance at our local Parkrun.  Prior to lockdown, I was training to take part in my first triathlon and I am looking forward to the event being rescheduled in the future.  I also live with avid motocross rider so my weekends are often spent watching my family ride in all weathers.  One day I hope to be able to spectate from the luxury of a campervan rather then stood outside braving the elements!

Favourite food and drink

Anyone who knows me, knows that I love to eat but as a busy professional and a mum, anything that I have not cooked myself is my favourite! A G&T on the side would also be very much appreciated.