Sheltered Accommodation (Residents) Bill

House of Commons

Session 2009 - 10
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Other Bills before Parliament

Sheltered Accommodation (Residents) Bill

Sheltered Accommodation (Residents) Bill

Contents

1

Challenging local authority decisions

2

Nature of challenge: representations and appeals

3

Regulations: adjudication panels, membership etc

4

Specific powers and grounds of appeal

5

Protection of funding

6

Interpretation

7

Orders and regulations

8

Expenses

9

Extent, commencement and short title

Bill 38

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Sheltered Accommodation (Residents) Bill

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A

Bill

To

Make provision for residents in sheltered accommodation to challenge certain

local authority budget decisions which affect them; to ensure that funding

provided by central government to local authorities for sheltered

accommodation warden services is not allocated to other services; and for

connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and

consent of the Lords Spiritual and Temporal, and Commons, in this present

Parliament assembled, and by the authority of the same, as follows:—

1

Challenging local authority decisions

(1)

The Secretary of State must by regulations make provision entitling a resident

of sheltered housing to challenge a budget decision affecting the services

which they receive.

(2)

A “budget decision” means any decision made by a local authority that has or

5

is likely to have the following effects—

(a)

a reduction in the type, quality or extent of the services received by the

resident in connection with their residence in sheltered housing,

including any services provided by a warden;

(b)

a need or requirement for the resident to move from the sheltered

10

housing to any other residence; or

(c)

the closure of the sheltered housing in which the resident resides.

2

Nature of challenge: representations and appeals

The entitlement of a resident to challenge a budget decision under section 1

must include each of the following—

15

(a)

the right to make representations to the local authority;

(b)

an obligation on the local authority to provide a written response

explaining the reasons for accepting or rejecting the representations

made under paragraph (a); and

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Sheltered Accommodation (Residents) Bill

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(c)

the right of the resident to appeal to an adjudication panel if the local

authority does not accept the representations made under paragraph

(a).

3

Regulations: adjudication panels, membership etc

Regulations under section 1 must make provision for and in connection with—

5

(a)

the appointment of adjudication panels, including a requirement for

each panel to consist of three members;

(b)

the qualifications and experience required to be appointed as a panel

member;

(c)

the terms of office of panel members;

10

(d)

the grounds on which representations and appeals may be made;

(e)

the powers, duties, procedures and funding of adjudication panels;

(f)

the time period within which representations, responses and appeals

may be made;

(g)

a requirement for local authorities to give residents of sheltered

15

accommodation notice of the rights conferred on them under this Act.

4

Specific powers and grounds of appeal

(1)

The grounds for making representations and appeals under section 3(d) must

include the failure of the local authority to reach a reasonable budget decision

with regard to the well-being of residents or any group of residents.

20

(2)

The powers of an adjudication panel under section 3(e) must include the

following—

(a)

to request such information from the local authority as the Secretary of

State may by regulations specify;

(b)

to require the local authority to reconsider a budget decision;

25

(c)

to require the local authority to take specific action in addition to, or

instead of, implementing a budget decision.

5

Protection of funding

(1)

The Secretary of State must ensure that any qualifying grant paid to a local

authority in England—

30

(a)

specifies the amount of the grant that is to be used for the purposes of

providing warden services to residents in sheltered accommodation;

and

(b)

imposes a condition that the specified funds are to be used solely for the

purposes of providing warden services.

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(2)

A “qualifying grant” means any grant that is paid—

(a)

by the Secretary of State or a Minister of the Crown;

(b)

to a local authority; and

(c)

for or in connection with the provision of sheltered housing.

(3)

The Secretary of State may by regulations make such amendments to primary

40

or secondary legislation as considered necessary to ensure that conditions can

be imposed on local authorities in accordance with subsection (1).

Sheltered Accommodation (Residents) Bill

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6

Interpretation

In this Act—

“local authority” has the same meaning provided by section 33 of the

Local Government Act 2003;

“sheltered housing” means any dwelling or group of dwellings in

5

England—

(a)

which are particularly suitable, having regard to their location,

size, design, heating systems and other features, for occupation

by elderly persons,

(b)

which it is the practice of the landlord to let for occupation by

10

persons aged 60 or more, or for occupation by such persons and

disabled persons, and

(c)

which provide special facilities and services including a

resident or non-resident warden;

“well-being”, in relation to individual residents, includes their well-being

15

with regard to any of the following—

(a)

physical and mental health,

(b)

protection from harm and neglect,

(c)

emotional well-being,

(d)

the contribution made by them to society,

20

(e)

social and economic well-being,

(f)

securing their rights.

7

Orders and regulations

(1)

A power to make regulations under this Act is exercisable by statutory

instrument.

25

(2)

A statutory instrument under this Act may not be made unless a draft of the

instrument has been laid before, and approved by a resolution of, each House

of Parliament.

8

Expenses

There shall be paid out of money provided by Parliament—

30

(a)

any expenditure incurred under or by virtue of this Act by the Secretary of

State, and

(b)

any increase attributable to this Act in the sums payable under any other Act

out of money so provided.

9

Extent, commencement and short title

35

(1)

This Act extends to England and Wales.

(2)

This Act comes into force at the end of the period of 2 months beginning with

the day on which it is passed.

(3)

This Act may be cited as the Sheltered Accommodation (Residents) Act 2010.