From 1 April, the Audit Commission takes over inspection of housing associations. But will it be lapdog or bulldog? Vicky Richardson reports, and opposite, Roy Irwin and Bob Dinwiddy explain how the commission will work with the Housing Corporation.
In 10 days, when the Audit Commission takes over as the single inspector for social housing, registered social landlords are going to long for the good old days of Housing Corporation inspections.

Local authority housing departments have been inspected by the Audit Commission's Housing Inspectorate for three years, and if their experience is anything to go by, RSLs are in for a shock.

One metropolitan housing director says: "If RSLs are worried about the Audit Commission being tougher than the Housing Corporation, then it's not before time – they're a soft touch in comparison." A recent commission inspection of his department involved a two-week visit by seven inspectors, 13 focus groups and extensive one-to-one meetings with staff from front-line managers to directors.

Since the commission was announced as housing's new single inspector in September, RSLs have been at best wary, at worst fearful. The wariness is due to doubts that an organisation that specialises in the inspection of public bodies will be sensitive to housing associations and the fear is a reaction to the commission's reputation of being tougher than the Housing Corporation.

The latter is because, ultimately, the commission's star ratings affect investment – inspection results feed into housing investment programme ratings, these affect comprehensive performance assessment that can bring extra cash and borrowing freedoms as proposed under the Local Government Bill. As well as inspections under best value and CPA, the commission can be sent in by the government or the authority's external auditors within days if if there are concerns about certain services.

The corporation, meanwhile, only introduced inspections last April and its verdicts are presented in terms of "satisfactory" or "good" and out of 34 inspections, 30 were judged good or satisfactory. RSLs have often had up to 18 months' notice of a visit and although officially the corporation's judgements are used to "inform" funding, there is less of a direct impact on grant allocation. Perhaps in attempt to gain credibility in this area, the Housing Corporation last week introduced its "traffic light" rating system, sparking fears that the two organisations would operate overlapping and competing regimes.

  Most RSLs recognise external assessment is important, but the fear is that teams of Audit Commission inspectors will operate a "hit and run" approach with little regard for staff and tenants' morale. Angela Lockwood, housing services director at Endeavour Housing Association in Stockton-on-Tees, thinks the commission will be a very different beast from the Housing Corporation. "[The corporation] had a nice, friendly approach and understood our staff's anxieties about inspections," she says.

She also worries that the commission will have a "one size fits all" approach to inspections and that it will not understand the diversity of housing associations and the need to be pragmatic and flexible when dealing with them. "We're quite different to local authorities," she says. "We are driven by regulations rather than statute, we adopt very different routes to achieve our goals and we work across several local authorities."

But there is only one difference in the new regime that really matters, says Alistair McIntosh, director of consultant Housing Quality Network, which helps both local authorities and RSLs prepare for inspections. "The judgement made by the Audit Commission is unequivocal. It's an all-important star rating, whereas if you read a corporation report it's difficult to work out what the judgement actually is." The star system will for the first time place housing associations in a league table with clearly-defined premier and first divisions.

Critics of the Audit Commission's new role blame the decision on behind-the-scenes political manoeuvring. They claim the Treasury forced the Office of the Deputy Prime Minister to go for a single inspectorate in exchange for more money in the July 2002 spending review. The Housing Corporation's own inspection regime is only a year old and housing chiefs have a valid point when they complain that this is yet another new organisation they will have to get to grips with in a short time. Nick Imber, chief executive of Aldwyck Housing Association, says: "It's a pity we're going to have to learn another new set of rules."

However the move is not universally condemned. Barbara Thorndick, chief executive of West Kent Housing Association, welcomes a single yardstick for housing.

The Audit Commission will be a tough cookie, but that’s not something we should fear 

Barbara Thorndick, chief executive, west kent housing association

"Of course, we expect that the Audit Commission will be a tough cookie, but that's not something we should fear," she says.

"We ought to be able to stand up and be counted against local authorities and no one should be able to say that associations have a softer option."

West Kent is one of a number of associations that has employed a consultant to carry out a simulated inspection before the real inspectors arrive. Under the new inspection regime, smaller associations may also be forced to hire consultants for "dummy" pre-inspections, or at the very least spend time gearing themselves up by preparing briefing documents, briefing staff and doing dry-run interviews with tenants.

One indication of the Audit Commission's different approach to inspections is its intention to turn around reports within 12 weeks. Currently it is not unusual for the Housing Corporation to take six months to publish its findings, partly as a result of its willingness to engage in discussion with housing associations over draft reports. The commission, on the other hand, is unlikely to be kind to associations who might feel they have been misunderstood by the inspectors.

The publication last month of the Housing Corporation's report on Irwell Valley Housing Association came a full seven months after the actual inspection. Chief executive Tom Manion puts the delay down to the corporation's inability to distinguish between the subjective comments (often based on petty grievances) of staff and tenants and the real issues. Manion is actually looking forward to the Audit Commission taking over, but says he will judge its effectiveness on the credibility of the people carrying out inspections, and in particular their ability to be "scientific, rather than subjective".

Under the new regime, it is inevitable that inspections and the pre-inspection preparation will become more expensive and extensive. With the star system hanging over them, and the ultimate sanction of a government hit squad, there is a lot more at stake. RSLs are already suffering from what Manion describes as "regulation fatigue". To make the burden of paperwork worse, housing chiefs are currently trying to get their heads around the corporation's traffic lights. Sceptics in the sector view this as a last-ditch attempt by the corporation to claw back some of its influence after losing the inspection role to the Audit Commission, while others, such as Aldwyck's Nick Imber, dismiss it as "not terribly exciting and a watered-down version of what happens already".

Jim Coulter, chief executive of the National Housing Federation, has already warned that the separation of inspection and regulation risks duplication of effort. But with the drafting of a protocol to guide the future relationship between the organisations, he is confident that the two systems will complement each other rather than compete.

In the first year of commission inspections, Coulter thinks that associations are unlikely to notice many changes: "I don't think 1 April will see a revolution," he says. Likewise, the commission itself is emphasising that the changeover will be gradual.

In practical terms, on 31 March, the Housing Corporation's inspectors will simply pack their bags and move from their office near Oxford Street down the road to Westminster. But later this year, once staff have been absorbed into the commission, a discussion will follow on how the inspection methodology should change. At this point, Coulter assures associations, there will be a consultation with plenty of debate about the correct approach to inspections.

How the new regime will work

Bob Dinwiddy, assistant chief executive for regulation at the Housing Corporation and Roy Irwin, director of the Housing Inspectorate at the Audit Commission, examine how the new regime will work. The principles are:
  • It is in everyone’s interests that the transfer should be as brisk and effective as possible.
  • Inspection should transfer as a “going concern”, with as little disruption as possible. The commission’s inspections of RSLs will continue to follow the corporation’s guidance in The Way Forward: Inspection (January 2002). In the longer term, development of inspection will be subject to review.
  • The corporation and the commission will have effective liaison arrangements, such as national and regional communication, as well as operational guidance for each inspection. A project team has been working to implement arrangements to transfer inspection responsibilities and establish the new relationship between the corporation and the commission, including specifying the requirements each organisation will have from the other and performance monitoring. Central to the transfer of inspection there have been discussions about:
  • Statutory change: legislation provides for joint working between the corporation and the commission. This will be the basis for the new inspections. For the longer term, the government wants to use the Local Government Bill to clarify the inspection framework. The corporation’s inspection resources will transfer to the commission. The bill would provide powers for government to fund the commission’s inspection direct once it becomes law. The bill will also provide scope for the commission to charge fees.
  • The boundaries between inspection and regulation: inspection of housing associations will continue to be based on guidance issued in January 2002. The corporation and the commission are establishing clear processes to ensure that inspections continue to be informed by, and inform, the corporation’s wider regulatory perspective, while avoiding duplication of activity, increasing the regulatory burden on associations. For each inspection post 1 April 2003, the corporation will brief the commission beforehand, and after the inspection the commission will communicate its findings to the corporation.
  • An agreed inspection programme for larger housing associations: the corporation’s initial objective was to cover all associations with more than 250 dwellings. That programme is well underway and will be picked up by the commission, which will complete the initial round of visits to all major landlords in the sector. The commission will publish its programme for 2003/04 shortly. In programming the inspectors’ work, the corporation and commission are committed to agreeing realistic programmes and a high-quality product. Both will be looking at the practicalities of plans. This may mean some changes to the programme.
  • The impact on smaller housing associations: the corporation’s regulatory regime distinguishes between larger associations and those with less than 250 dwellings. The commission will not routinely inspect the smallest associations, unless they form part of a large group structure. The corporation will gather information from smaller associations in the normal way and may look more closely at particular ones. In some cases, it may call on the commission for help – but that will be the exception.
  • Transfer of staff: 39 employees, covering inspectors and support staff, will transfer to the commission from 1 April. Initially, they will continue to work on inspecting housing associations in their existing field structures. In the longer term, the commission will review whether any reorganisation of the Housing Inspectorate is needed. The effect of the approach adopted is that housing associations inspected in 2003/04 should experience a very similar inspection to those already visited by the corporation this year. Any subsequent major changes to the framework will be subject to consultation with the sector and discussions between the commission and the corporation. The Audit Commission’s Housing Inspectorate is looking forward to its new responsibilities, and to building upon its existing good relations with the Housing Corporation and with housing associations – as a result of the value for money studies it has carried out. Both the commission and the corporation are working hard to ensure a smooth transition at 1 April and effective communication thereafter. The expanded inspectorate will have opportunities to compare performance in the local authority and housing association sectors. This will enable the Inspectorate to support and encourage better services for tenants in social housing generally. It is an exciting challenge.
  • Better the devil you know

    Inspections of housing associations and local authorities are changing significantly, writes Louise Russell. Although January’s high-profile council “league table” announcements may have been the first many people in housing associations had heard of comprehensive performance assessments, that happy ignorance may be unlikely to continue as the single inspectorate takes over. Many may now be feeling nostalgic for the “devil they knew”. The Housing Corporation only introduced inspection last April, and seemed to have eased into its potentially controversial role with remarkably little flak or rows. Will the new housing inspectorate keep up this softly, softly approach? Negotiations about the transfer of responsibilities between the two organisations are under way, but while staff may be most concerned about pensions and working arrangements, associations will be wondering what the new regime has in store for them. The inspectorate has indicated, at least initially, that it will not change the corporation’s inspection methodology. But in the long run it makes little sense to run parallel regimes, so change can be expected. There has already been speculation as to whether associations will be subject to the same “star rating” as authorities – but other changes could be potentially more significant for prescription and regulation. In the past, the Housing Inspectorate – part of the Audit Commission – has inspected services largely on the basis of an authority’s best value review programme. Following a review of a particular service, the inspectorate examines that service, making a judgement about performance and likely improvement. Housing associations have never been tied to best value, so the Housing Corporation has inspected associations’ services in the round and inspection has been part of its regulatory programme. So far, it seems the corporation will continue with financial and governance regulation. But this too may change. The Audit Commission is moving towards comprehensive performance assessment for councils. It is also merging inspection and external audit functions to provide a more joined-up approach to its assessments. The CPA, which all top-tier authorities have experienced, reviews performance data and assesses a council’s corporate governance capacity, as well as inspecting key service areas which have not already been assessed. District councils face CPA assessments next year and draft guidance indicates that housing will be one of the two areas for “cross-cutting” inspections. The inspection will look particularly at a council’s strategic housing and enabling role, recognising that a number of districts have transferred their housing stock. Providing a snapshot of council performance, CPAs will lead to the development of a tailored programme, with greater freedom from inspections for authorities rated excellent or good, three-year inspection “holidays” for excellent authorities and re-inspections of services deemed in need of improvement. Surely housing associations should also face a more proportionate and joined-up inspection regime? It is unclear how this will work if Housing Corporation lead regulators retain responsibility for overall governance and finance assessment. There are other unresolved issues too. In inspecting housing authorities, the Housing Inspectorate looks not just at service delivery performance but also at how far authorities are contributing to government priorities, for example community safety, sustainability and IT. Will housing associations – notoriously jealous of their independence – be judged on their contribution in these wider areas? Whatever the future holds there islittle doubt that housing associations who think ahead will cast a more careful eye over local authority CPA and inspection reports in future. The history of inspections for housing associations sends a clear message that what local authorities face today, associations can expect tomorrow.

    Inspections and ALMOs

    For arm’s-length management organisations, the inspection changes are particularly critical. Hundreds of millions of pounds of additional funding was available to authorities which achieved at least a two-star rating to help them meet the decent homes target. Of the eight inspected in this first round, all met this threshold. The ALMO inspection was a new model for the Housing Inspectorate. Inspectors looked at traditional service delivery such as housing management and repairs performance, but also reviewed governance and resource management issues. Inspections focus on seven areas: governance; customer focus; diversity; housing benefit; sheltered housing; value for money; performance management; how the ALMO works with the inspection team and how it acts on criticism made in previous visits. Inspectors look for high standards in core housing management activities – repairs, rent collection, and dealing with empty homes. They expect top-quartile performance against indicators. Where this has not been achieved, councils must show what action is being taken to improve. Governance
    Arm’s-length organisations must show they are a separate entity from the council. Staff must also retain clear corporate objectives, make sure wider issues of environment and community are addressed and show the board’s capacity to lead the ALMO. Inspectors also look at how the company is developing relationships with tenant management organisations. Customer focus
    Organisations that boost tenant consultation will get good inspection ratings. This means opening the office beyond traditional less-than-nine-to-five hours, making offices wheelchair-friendly and expanding on usual methods of contact and payment such as call centres and the internet. Complaints must also be well-recorded and acted upon quickly. Diversity
    Inspectors look favourably on arm’s-length agencies that involve hard-to-reach groups and tailor services to black and minority-ethnic communities. Housing benefit and arrears
    Anything an ALMO does to improve housing benefit performance – such as debt counselling and advice – will win praise. For instance, Derby’s money advice team gives a service that inspectors judged to be well-integrated into arrears recovery. Sheltered housing
    Inspectors want action on outdated stock, particularly housing with shared facilities, and want to see if housing meets customers’ aspirations and needs. Value for money
    ALMOs win a high rating if they cut the cost of management and maintenance while improving standards. This means having the correct balance of responsive and planned maintenance, cutting the proportion of emergency repairs and showing that they have tried to challenge current working methods and procurement. Staffing
    A successful ALMO will make sure specific members of staff are responsible for hitting targets and will also monitor staff development closely. Working with the inspectors
    Inspectors want to see improvements after earlier criticism, and ALMOs must show action to correct temporary dips in performance along with a clear improvement plan, with targets and timescales. Westminster, for instance, was criticised in an earlier inspection over consultation. It has since made “considerable progress”, and is pursuing initiatives to meet the needs of BME and other hard-to-reach groups.