Support provided on behalf of the landlord.

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    I have a charity with supported accommodation.  They have a service provider to deliver the support.  On the face of it, it looked OK. There is an agreement with the Service Provider to deliver care and support for 10 hours per week and invoice Social Services direct.  The agreement stated that the Charity have the right to visit the tenant to asses that the care is sufficient and the right to terminate the agreement if the care is not being delivered.

    New information suggests that Social Services have been providing support to the tenant which has now stopped because he did not get on with the care working and didn’t think he needed the help from the Learning Difficulties team.  Social Services are currently trying to re-engage and set up a new care package.  His partner has been given a floating support package.

    I have several questions.

    1.How does a landlord become responsible for providing support?  Can he just make the decision or is he appointed by Social Services? What do I need to check?

    2.If the Service Provider is appointed by the landlord but is paid by Social Services who do they work for?  Can they be working on behalf of the landlord? What is key to making that distinction?

    3.If the Service Provider is working for the landlord how do we ensure that the support is consistent?  It seems that these sort of cases fluctuate as it relies on the person actually accepting the support offered.

    4.If the Service Provider is paid direct by Social Services what right does the landlord have to stop them from being the provider?

    5.Can the landlord provide support in additional to any floating or direct support provided by Social Services in order to qualify under the support exempt old regulation 11 rules?


    I would have thought your charity fell into the category of exempt accommodation already. I assume that is the reason they exist. The fact that they have arranged for floating support is neither here nor there – they’re not exactly qualified to provide it themselves! As an analogy (and this is the big debate) there are a lot of sheltered schemes in the social sector where the accommodation is provided to a group of people who need support but that support is provided by social services, as part of the package. It’s still provided on behalf of the LL, as opposed to someone living in general needs accommodation who arranges the support themselves. Look at the accommodation rather than the LL

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