Transparency data

Whistleblowing report 2019-20

Published 29 September 2020

Applies to England

About RSH

The Regulator of Social Housing (the regulator) regulates registered providers of social housing to promote a viable, efficient and well-governed social housing sector able to deliver homes that meet a range of needs. Registered providers of social housing include housing associations, housing cooperatives, local authorities and for-profit providers.

The objectives of the regulator are set out in the Housing and Regeneration Act 2008. We publish information about who we are and what we do on our website. We also publish more detailed information about how we regulate the sector.

What is whistleblowing?

The term whistleblowing is used to describe the actions of a worker who reasonably believes they are acting in the public interest by passing on information which may indicate certain types of wrongdoing. In passing on that information, they are making a disclosure. The wrongdoing will typically (although not necessarily) be something they have witnessed at work.

The Regulator as a ‘prescribed person’

Since 5 November 2019, the regulator has been a prescribed person under the Public Interest Disclosure Act 1998 in relation to matters relating to registered providers of social housing. Prior to that date, the prescribed person was the Homes and Communities Agency, which calls itself Homes England.

The role of a prescribed person is to provide workers with a mechanism to make their public interest disclosure to an independent body where the worker does not feel able to disclose the matter directly to their employer, or where they have made a disclosure, but their employer has failed to act.

As a prescribed person, the regulator must report annually on qualifying disclosures made to it.

‘Qualifying disclosure’ means any disclosure of information which, in the reasonable belief of the worker making the disclosure, is made in the public interest and tends to show one or more of the following:

(a) a criminal offence has been committed, is being committed, or is likely to be committed;

(b) a person has failed, is failing, or is likely to fail to comply with a legal obligation;

(c) a miscarriage of justice has occurred, is occurring, or is likely to occur;

(d) the health and safety of an individual has been, is being, or is likely to be endangered;

(e) the environment has been, is being or is likely to be damaged;

or that information tending to show any matter falling within any one of the preceding paragraphs has been or is likely to be deliberately concealed.

Receiving referrals

The regulator considers all referrals and information received, including those which take the form of whistleblowing disclosures. We consider whether we have the remit to investigate the referral, and where we do, we follow the approach explained on our web pages (links above). In cases where the issue referred is outside our remit, we consider whether it would be appropriate to refer the matter to another organisation better placed to respond.

Number and outcome of workers’ whistleblowing disclosures

Between 1 April 2019 and 31 March 2020, the regulator received 36 referrals which we considered qualifying disclosures about matters relating to the regulation of registered providers of social housing in England (Disclosures).

Number of Disclosures received and subject to initial review	36
Number of Disclosures referred for more detailed consideration	32
Number of Disclosures investigated	18
Number of Disclosures resulting in or contributing to regulatory action	4

Summary of the action taken

All of the disclosures received were subject to an initial review by our Referrals and Regulatory Enquiries team who considered whether the matters raised were within our remit and whether they represented a possible breach of our regulatory standards. As a result, 32 cases were referred through our internal processes for more detailed consideration.

Of the 32 cases subject to a detailed consideration, we went on to investigate 18 cases. The remaining 14 cases were not taken forward because, in our assessment, the issues raised did not demonstrate a breach of the regulatory standards or an issue which required regulatory intervention.

In each of the 18 cases which were investigated, we contacted the registered provider and sought their response to the issues raised. In some of these cases, we also asked the whistle blower for further information or evidence to substantiate the allegations. For the 14 cases which we closed following our investigation, we obtained assurance from the registered provider that it was aware of the issues raised and was responding appropriately, taking action to manage and mitigate any risks arising as a result. In closing the cases at this stage, we were satisfied that there had not been a breach of our regulatory standards and that tenants were not at risk as a result of the matters raised.

The remaining four cases which we investigated resulted in or contributed to regulatory action being taken against a registered provider (in the form of the publication of either a Regulatory Notice or a Regulatory Judgement). Where we conclude that a registered provider is non-compliant with our regulatory standards, we will engage with them intensively as they take action to resolve the issues. We worked with the providers as they developed plans to remedy the breach of the standards and continue to hold them to account for delivering those plans.

How disclosures impact on our objectives

During the reporting period, there was no impact from the above Disclosures on the regulator’s ability to perform its functions and meet its objectives.