Petition Strengthen regulation of supported accommodations

The government is clear that all supported housing should provide high quality accommodation, be well managed, and that all residents including vulnerable adults should get the support they need to enable them to be as independent as possible.

The government is tackling poor quality supported housing to ensure that residents get the care and support they need and is committed to the improvements set out in the Supported Housing (Regulatory Oversight) Act 2023 (the Act). The Act was enacted to address gaps in regulation and establish a regulatory baseline to prevent exploitation in the sector, ensuring that all providers deliver safe, adequate housing and necessary support services.

The Ministry for Housing, Communities and Local Government consulted on proposals for implementing the measures set out in the Act between February and May 2025, including on a proposal to link the payment of higher rates of Housing Benefit to licensing in England. We are working to issue the government response to the consultation as soon as possible.

The Act will give local authorities the power to challenge rogue landlords and protect residents through local licensing schemes. New Standards for the support provided to residents will also be introduced.

The Act also introduces a duty on local authorities to produce supported housing strategies which will help local authorities to identify areas of need for supported housing and make their own local commissioning decisions.

Under the Health and Social Care Act 2008, providers of health and adult social care services must, by law, register with the Care Quality Commission (CQC) if they carry out a regulated activity. If they carry out a regulated activity without being registered, they may be prosecuted and liable to pay a fine.

It is a provider’s responsibility to make sure that they are correctly registered to carry out the services they provide. Most supported living and extra care housing services require the provider to be registered for the regulated activity ‘Personal care’. For this to apply there must be separate legal agreements for the accommodation and the personal care. In some cases, they may need to be registered for the regulated activity ‘Accommodation for persons requiring nursing or personal care’. The difference will depend upon the contractual arrangements in place for the delivery of the care and of the housing. Generally speaking, where there are separate legal agreements for the accommodation and for the personal care, CQC register and regulate only the personal care provider and not the accommodation service provider.

CQC have published guidance on supported living schemes/supported living accommodation on their website here: https://www.cqc.org.uk/sites/default/files/20151023_provider_guidance-housing_with_care.pdf. Page 15 of the guidance has a flow chart explaining when a supported living provider would need to register with CQC.

Where safeguarding is concerned, any form of abuse or neglect is unacceptable. The government makes it clear, in statutory guidance of the Care Act, that local authorities must ensure that the services they commission are safe, effective, and of high quality.

Where a local authority has reasonable cause to suspect that an adult in the local authority’s area has needs for care and support and appears to be at risk of, or experiencing, abuse or neglect, and is unable to protect themselves as a result of those needs, the local authority must carry out a safeguarding enquiry. The purpose of an enquiry should be to establish if any safeguarding action is required, and if so, what and by whom. Regulated providers also have a key role in safeguarding adults. All staff are subject to employer checks and controls, and employers must satisfy themselves regarding the skills and competence of their staff.

The CQC monitors how well providers are safeguarding service users. As part of their regulatory regime the CQC checks that care providers have effective systems to help keep adults safe from abuse and neglect. Where anyone alleges poor care, neglect or abuse, we expect those providing the service, local authorities and the CQC to take swift action.

The CQC also assesses whether local authorities are meeting their duties under Part 1 of the Care Act 2014, identifying any strengths or areas for improvement, sharing good practice and enabling the Department of Health and Social Care to target support where it’s most needed. If the CQC identifies a local authority has failed or is failing to discharge its duties under the Care Act to an acceptable standard, for instance on the suitability of living accommodation, the Secretary of State for Health and Social Care has powers to intervene.

Department of Health and Social Care