Just wondering if people have any thoughts on the following.
Most of my supported schemes claim to fall under ‘old’ reg.11 – therefore much more difficult (i.e. almost impossible to restrict!). The criteria as most are probably aware is they are registered charity, HA etc and care. support or supervision is provided by them or on their behalf. It is the 2nd part of this definition that is starting to cause me problems.
Unfortunately I have made the mistake of looking at how some of support providers are set up, and seem to uncovering some interesting things. Apparently it is the Housing Act 1996 that is to blame where the discretion for LA’s to pay supported housing fees to private landlords was removed!
The set-up is as follows:
Housing Arm is set up as a HA i.e. provide accommodation etc and are not for profit. Details of which are confirmed by their memorandum of association and companies house documents.
A seperate company (same name but care added to the name) is then created and they provide the care. Has all the same directors etc and is registered with companies house – however they are not for profit.
Support charges are funded by Supporting People and Social Services. The contract for provision of funding care is between Supporting People and the care arm of the company.
Sorry for long message, getting there now. In this type of set-up (especially looking at Sheffield Commissioners decision) can you say the Housing Company are providing or on their behalf care, support and supervision is being provided.
As an aside when I pointed this out to one of my providers I then get a list to say the Housing Arm also provides support and supervision. Examples listed are: supervising – cooking, budget management, cleaning room, laundry and attendance at house meeting.
Have to be honest the area of supported accommodation is now become such a minefield and the goal posts are changing and things being set-up to take advantage of ‘old’ reg.11. Problem is how do we trawl through this and get the sensible outcome.
To highlight the providers I’ve got, these particular ones are geniune providers and I’m not bring their service into question. Just whether ‘old’ reg.11 does in fact apply.
Comments most welcome.
