Homes and Communities Agency Regulation Committee

Appointment of up to 2 Members

Information Pack for Applicants

December 2017

Closing Date for Applications: Midday 2nd January 2018

Overview

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The Department for Communities and Local Government is seeking to appoint up to 2 members to the Homes and Communities Agency (HCA) Regulation Committee. The Department has announced that it proposes to take legislative steps to separate social housing regulation from the HCA.

The current HCA Regulation Committee has statutory responsibility for the regulation of social housing in England and expects to transition to the board of the independent Regulator of Social Housing in 2018. It is anticipated that the statutory objectives and powers of the regulator will remain the same but it will be a standalone organisation.

Remuneration: £11,000 per annum based on 2 days per month. However, actual remuneration will depend on any additional Regulation sub-Committee membership, pro rata for the number of days.

Time commitment: 2 days per month

Duration: 3 years

CONTENTS

Background 4-5

The Sector 5

The role of the HCA Regulation Committee 6

Person Specification 7

Terms and Conditions 8

How to Apply 9

Further Information 10

The Selection and Recruitment Process 11-12

The Seven Principles of Public Life 13

Annex A: Diversity Monitoring Form 14-17

Annex B: Guaranteed Interview Scheme 18

Annex C: Conflicts of Interest 19

Annex D: Other Relevant Information 20

Annex E: Request for References 21

Annex F: Advertisement Publicity Survey 22

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IntroductionThe Secretary of State for the Department for Communities and Local Government (DCLG) is seeking to appoint up to 2 new non-executive members to the Homes and Communities Agency Regulation Committee.

Those who serve on the boards of public bodies play a vital role in the life of this country, whether by improving the delivery of public services or providing independent advice to Government. Many people from a wide range of backgrounds across the whole of the UK participate in public life by being members of the boards of public bodies. They are involved in making decisions that develop, shape or deliver government policy and public services.

This information pack sets out the requirements for the Committee Member position along with information on the work of the HCA Regulation Committee and the appointment process.

Background The Regulator of Social Housing (the Regulator) is currently constituted as the Regulation Committee within the Homes and Communities Agency. In its current location within the HCA, the Regulation Committee operates with statutory independence from the HCA board. The government has determined that the Regulator should become an independent stand-alone legal entity so as to avoid the potential for conflicts of interest with the HCA’s growing investment role. The transition to stand alone status is intended to be implemented through a Legislative Reform Order. The Regulator has two distinct roles set out in statute – these are in relation to (i) economic and (ii) consumer regulation.

The Regulator’s statutory economic regulation objective applies to Private Registered Providers and is the main activity of the Regulator. The objective, in summary, is to ensure that those providers meet standards set by the Regulator in relation to matters such as their financial viability, governance and value for money.

The Regulator’s statutory consumer regulation objective extends to all registered providers, both Private Registered Providers and stock owning local authorities. The Regulator’s main activity in this area is to set standards related to consumer regulation matters, which are principally in relation to the services that registered providers make available to their tenants. While the Regulator sets consumer standards, the primary responsibility for resolving issues with these is between landlords, tenants and their representatives at a local level – with ultimate recourse to resolve individual complaints, to the Housing Ombudsman. The Regulator can only intervene if a consumer standard has been breached and as a result, there is serious detriment or potential serious detriment to tenants.

The Economic and Consumer regulation standards are reflected in the current regulatory framework for social housing, which came into effect on 1 April 2015 and is regularly updated. The regulatory framework sets out the requirements that providers must meet (in particular, seven outcome-focused regulatory standards) and the way in which the Regulator carries out its functions.

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The Regulator’s primary regulatory principle is co-regulation. This approach recognises that boards are responsible for their organisation’s performance, compliance with regulatory standards and adherence to their own selected code of governance. The Regulator also has a statutory duty to exercise its functions in a way that is proportionate and minimises interference.

The Committee’s members are appointed directly by the Secretary of State. There are currently five committee members: Julian Ashby (Chair and ex officio member of HCA’s Board), Simon Dow, Richard Moriarty, Ceri Richards and Elizabeth Butler.

The SectorThere are some 1,500 stock owning private registered providers. They are very disparate in size and focus. A large majority own fewer than 250 homes each while the largest have over 100,000 homes. There are 240 groups and standalone associations that own and manage over 1,000 homes – i.e. 95% of the sector’s stock of 2.8 million social housing dwellings. In 2015/16 the sector made a surplus of £3.2 billion on a turnover of £18 billion. The book value of the sector’s stock was some £140 billion funded by £45 billion of government grant and private debt finance of £63 billion. The open market value with vacant possession is estimated to be over £400 billion.

The pace of change in the social housing sector in recent years has been unprecedented. The sector was re-classified as ‘Public’ by ONS in October 2015. The government has introduced de-regulation measures which came into force on 6 April 2017, with secondary legislation to be brought forward, with a view to the classification of the sector being reversed. There are on-going changes in the previous stability of the income of registered providers: Social housing rents are subject to reductions of 1% flat per year for a four year period ending in 2020. Various changes to welfare benefits have introduced a range of income uncertainties. The sector is currently seeking to maintain margins through greater efficiency. It is responding positively to government plans to boost housing supply across a range of tenures and is consequently taking on substantially increased commercial and market exposure risks.

In addition, a number of registered providers will need to respond to any essential works required to affected properties following the Grenfell Tower fire, once there is clarity about the type of technical specification which may be applied in cases where, for example, cladding on tower blocks needs to be replaced. In addition, the boards of registered providers will want to, and are, seeking assurance that their organisation meets the full range of health and safety requirements applicable to their stock, as well as considering what steps they can take to optimise tenant protections.

The sector is becoming increasingly complex through the diversification of business models, structures and financing arrangements. Providers now predominantly look to the capital markets for long-term finance and are undertaking a wider range of activities through partnerships and joint ventures. The Regulator needs to ensure that the sector is regulated effectively as it adapts to these new economic circumstances, prepares for its new independent status and develops regulatory strategy for dealing with any potential future events.

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The role of the HCA Regulation Committee:

The Regulation Committee is responsible for: Supporting the Chair in establishing the Committee’s overall strategic direction

in line with its statutory objectives and functions; Helping to ensure that the strategic direction and operation of the Regulation

Committee secures and maintains wide confidence in the viability and stability of the social housing sector both within Government, and with the sector’s funders;

Operating and exercising the Committee’s functions in accordance with the highest standards of conduct and probity, and established good practice in decision making; and

Promoting the most effective and efficient use of resources.

The Committee takes decisions on matters such as: Maintaining and developing the regulatory framework – to keep pace with

changing sector risks and ensure an approach that can withstand emerging challenges

Regulatory standards Strategy on the use of registration powers for both non-profit and profit-making

organisations Strategy on enforcement and intervention Strategy on proactive economic regulation The use of financial and economic analysis, for example on the risk profile of

the sector Delegation of regulatory functions.

Committee members must act in accordance with the seven principles of public life, full details of which are provided on page 13.

Person Specification

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Essential Criteria An ability to operate strategically at a national level within a complex

environment; A proven ability to identify and tackle financial and other risks, acting

independently as appropriate; (One member) with senior level knowledge and experience of the capital

markets and structured products and a demonstrable understanding of the risks involved.

(One member) with senior level experience of bank finance and related products and a demonstrable understanding of the risks involved.

Experience of working with diverse groups

Desirable Criteria Knowledge of the social housing sector and the potential impacts of economic

and policy changes Knowledge of statutory regulation; The ability to advise and challenge the executive on re-structuring. The Chair would like to strengthen the Committee’s experience of northern

housing markets and maintain a reasonable gender balance on the Committee.

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Terms and Conditions

RemunerationFor this role, the remuneration is set at £11,000 per annum for a time commitment of 2 days per month.

Period of AppointmentThe appointment will be for 3 years.

LocationThe location of the Homes and Communities Agency is at, Ground Floor, Fry Building, 2 Marsham Street, London, SW1P 4DF. Committee meetings are customarily held at this location, however, a small number of meetings may be held outside London.

Conflicts of InterestAs with any public appointment, it is important that the highest possible levels of probity and integrity are maintained. To that end, we ask that you give details of any business or other interests or any personal connections which, if you are appointed, could be misconstrued or cause embarrassment to the Regulator of Social Housing, or Homes England (together, the Agency) or DCLG. These could include financial interests or share ownership, active connections within a field of expertise in which the Agency will work, membership of societies, activities, associations or employment of a partner or friend in the particular field in which the Agency will operate. The recruitment panel will explore potential conflicts of interest during the interview process.

Any statements you make will be treated confidentially and we will contact you to discuss any potential conflicts that might arise ahead of the sift process to explain what might be required if you are successful and check that you still wish your application to be considered. The sift panel may wish to explore any conflicts of interest at interview.

EligibilityTo be eligible for employment, you will need to be either a UK national or a national of another European Economic Area Member State, or a Commonwealth citizen and have the right to work in the UK. Swiss nationals are also eligible. In addition, if you have dual nationality you will be eligible as long as one of the nationalities meets the requirements.

Security clearanceBefore the appointment of the successful candidate can be confirmed, you will be subject to a Basic Disclosure Scotland check and Counter Terrorist Check.

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How to Apply

All candidates are required to complete and submit the following:1. A Curriculum Vitae which includes your education and professional

qualifications and full employment history (no more than 3 pages).2. Covering letter explaining how you meet both the essential and desirable criteria

for the role (no more than 3 pages) – please refer to the person specification section of this candidate pack. It is vital that you provide evidence through worked examples to demonstrate that you meet each required criteria.

3. Diversity (Equal Opportunities) Monitoring Questionnaire – Annex A4. Guaranteed interview scheme form – if applicable - Annex B5. Conflict of Interest form – Annex C6. Other Relevant Information Declaration Form – Annex D7. List of referees – Annex E (The referees will be approached only if you are

shortlisted for interview) 8. Publicity survey – Annex F (Please indicate how you heard about this post).

Please note that the above information and completed forms are required for each application. We cannot accept information and forms submitted with previous applications because your circumstances may have changed in the meantime and some of this information will be specific to the post being applied for - see the “Further Information” section below for further details

Your completed application should be returned to the DCLG Public Appointments Team, preferably in Microsoft Word, by email to publicappointments@communities.gsi.gov.uk by Midday on Tuesday 2 nd January 2018. Please include the reference ‘HCA Regulation Committee Member’ in the title of your email.

We would prefer electronic applications but will accept hard copies by post to the Public Appointments Team, Partnership & Delivery Unit, Department for Communities and Local Government, 1st Floor NE, Fry Building, 2 Marsham Street, London SW1P 4DF.

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Further information Diversity Monitoring QuestionnaireThe Department for Communities and Local Government is committed to providing equal opportunities for all and welcomes applications from candidates irrespective of race, age, disability, gender, marital status, religion, sexual orientation, transgender or working patterns. Please complete this form and return it with your application.  Please note that the form will not be treated as part of your application.  The data will be treated in the strictest confidence, and will be used for monitoring and statistical purposes only. 

Political Activity Questionnaire This questionnaire enables the monitoring of political activity of candidates for a public appointment insofar as the information is already in the public domain.

Guaranteed Interview SchemeDCLG uses the guaranteed interview scheme to help widen employment opportunities for disabled people.  Applicants with disabilities who meet the criteria stated in the person specification and submit a completed 'Guaranteed Interview Scheme' form will be guaranteed an interview.

Conflicts of InterestPlease give details of any business or other interest or personal connections which, if you are appointed, could be misconstrued or cause embarrassment to either DCLG or the HCA - see the “Outline Terms and Conditions” and “The Seven Principles of Public Life” sections for further information.

Other Relevant Information Declaration FormAny appointee to a Public Body could find that matters or incidents which previously attracted no attention could become matters of public interest once the person concerned holds a public appointment. Therefore, if you have answered ‘yes’ to any of the questions on the form, you must provide a statement explaining the circumstances.

Commissioner for Public Appointments All appointments are conducted in accordance with The Governance Code on Public Appointments published by the Cabinet Office. The Commissioner regulates and monitors appointments to public bodies to ensure procedures are fair, open and transparent and based on merit. More information about the role of the Commissioner and his Code of Practice is available from – http://publicappointmentscommissioner.independent.gov.uk

Contact Details for QueriesAll applications will be acknowledged within 5 working days of receipt. If you have not received an acknowledgement within 7 working days of submitting your application, please contact the Head of Public Appointments on 0303 444 2641 or email publicappointments@communities.gsi.gov.uk to ensure we have received your application. You can also contact us using these details if you would like further information on the role, the application process or the progress of your application.

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The Selection and Recruitment Process

Selection Process

The Assessment Panel will consist of:

1. Sally Randall, DCLG Director of Housing Standards & Support – Panel Chair2. Julian Ashby, Chair, HCA Regulation Committee 3. Suzanne McCarthy, Independent Panel Member

ShortlistingAfter the closing date, applications will be carefully assessed by the Assessment Panel on their merits against the criteria as published and a shortlist for interview will be drawn up.

InterviewsOn the application covering letter candidates should indicate whether they will be available on the date(s) which has been arranged for interviews. We aim to accommodate all interviewees but if they are unavailable on that date or alternatives that are offered we may have to disregard their application. A letter confirming the arrangements of date, time and venue will be sent to all short listed candidates.

Candidates who the panel considers meet the criteria for the post and merit appointment will be recommended to the Secretary of State for consideration. The Secretary of State may choose to meet with appointable candidates before making a decision. If he does, he will meet all candidates in the presence of the panel Chair or their nominated representative. The time taken between interview and a final appointment decision being made can sometimes take a number of weeks. Candidates who have been interviewed will be kept informed of progress.

Interviews will usually be held at 2 Marsham Street, London, SW1P 4DF. Reasonable travel and accommodation expenses will be payable for travel to and from the interview, in accordance with HCA guidelines. Please contact the Public Appointments Team in advance if you intend to claim travel expenses so full detail on permissible expenses can be provided.

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Post Interview - Next StepsFollowing the ministerial decision on appointment, letters will be sent to all interviewees with the result. The successful candidate will be sent a letter of appointment to sign and return. They will also be asked to provide a biography which will accompany the Press Notice which will announce their appointment to the Committee. Once the appointment commences, training or an induction may be offered as required.

ComplaintsIf at any time during the appointments procedure you have reason to question your treatment, you should first address your concerns to the administration team by email: publicappointments@communities.gsi.gov.uk or by post: Public Appointments Team, Partnership & Delivery Unit, Department for Communities and Local Government, 1st Floor NE, Fry Building, 2 Marsham Street, London SW1P 4DF.

If after investigation by the Department, you remain dissatisfied, you may take your complaint to the Commissioner for Public Appointments. Details on how to make a complaint can be found on the Commissioner’s website at: http://publicappointmentscommissioner.independent.gov.uk/what-we-do/complaints-and-investigations . Complaints should be lodged within 12 months of the appointment being made.

Anticipated TimetableIt is possible that timings may alter if interviews cannot be held on the expected date.

Milestone By

Publish Advertisement 5th December 2017

Closing date for applications 2nd January 2018

Sift W/c 15th January 2018

Interviews 2 days between 19th

February & 2nd March 2018

Minister appoints the new Committee member Late March 2018

New Committee member commences term Early April 2018

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The Seven Principles of Public LifeSelflessnessHolders of public office should act solely in terms of the public interest.

IntegrityHolders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other benefits for themselves, their family or their friends. They must declare and resolve any interests and relationships

ObjectivityHolders of public office must act and take decisions impartially, fairly and on merit, using best evidence and without discrimination or bias.

AccountabilityHolders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.

OpennessHolders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for doing so.

HonestyHolders of public office should be truthful.

LeadershipHolders of public office should exhibit these principles in their own behaviour. They should actively promote and robustly support the principles and be willing to challenge poor behaviour wherever it occurs.

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Annex A - DIVERSITY MONITORING FORM

Public appointments are made on merit in accordance with the Cabinet Office Governance Code and the Public Appointments Order in Council. By completing the attached diversity monitoring form you will be helping us meet our public sector equality duty under section 149 of the Equality Act 2010.

Your personal data will always be treated in confidence and when anonymised with data from other applicants will help compile the Annual Statistical Bulletin of the Commissioner for Public Appointments.

The Equality Act 2010 protects people from discrimination and promotes equality on the basis of a number of ‘protected characteristics’. We ask for information on your ‘protected characteristics’ in order to help us monitor our performance on equality.

In line with Government policy, and in accordance with the provisions of the Data Protection Act 1998, the information you provide will be held confidentially and can only be used if you give us your consent.

Your responses to sections 1 – 9 will never be made available to the panel considering your application.

Assessment of your suitability for the post is made purely on the information you give on the application form and your performance at the interview should you be invited. Appointments are made strictly on merit. We hope that this encourages you to complete the form. We strongly encourage all applicants to complete and return the attached questionnaire. Should you have any questions, please contact: publicappointments@communities.gsi.gov.uk

Name of Applicant:

Post Applied For:

It is important that you provide your name on this form so that we are able to analyse diversity details in respect of those who apply, are invited for interview, and are subsequently offered the posts. This information will not be shared with anyone involved in the sifting or interview process, and is purely for monitoring purposes.

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1. Gender

What is your gender?

[ ] female [ ] male[ ] I prefer to describe myself as _________________________________[ ] I prefer not to say

2. Disability

Do you consider yourself disabled?

[ ] no[ ] yes If yes, how would you describe your disability? ___________________________________________________________________________[ ] I prefer not to say

3. Ethnicity

Please mark the box that most accurately describes your ethnicity:

Asian Black

[ ] Bangladeshi [ ] African[ ] Chinese [ ] Caribbean[ ] Indian [ ] Other Black origin[ ] Pakistani [ ] Other Asian origin

Mixed Ethnic White

[ ] Of more than one ethnicity [ ] British, Irish or other White Background

[ ] I prefer not to say

4. Age

Please tick the age band you fall into:

[ ] 18-25 [ ] 26-35 [ ] 36-45 [ ] 46-55 [ ] 56-65 [ ] 66 or older[ ] I prefer not to say

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5. Sexual Orientation

What is your sexual orientation?

[ ] bisexual [ ] gay man [ ] heterosexual [ ] lesbian [ ] other[ ] I prefer not to say

6. Religion or belief

What is your religion or belief?

[ ] Buddhist [ ] Christian [ ] Hindu [ ] Jewish [ ] Muslim [ ] Sikh[ ] Other [ ] No Religion or Atheist [ ] I prefer not to say

7. What is your principal place of residence?

Please enter the County or City that you live in along with the first part of your postcode e.g. Dyfed SY23; London SE18

County/City_____________________ Post Code [ ] [ ] [ ] [ ]

8. What is your principal employment, if any?

Please describe your main employment and tick the occupational sector box that best describes you:

Employment __________________________________________

[ ] Mostly Civil Service [ ] Mostly Private Sector [ ] Mostly Third Sector [ ] Mostly wider Public Sector [ ] Mixed [ ] I prefer not to say

9. Personal details[ ] Please tick here if you are content for us (as the appointing Department) to retain your CV and contact details and to share these with the Centre for Public Appointments in the Cabinet Office. Your details will be kept on file and you may be contacted about other opportunities that may arise in the future. All information will be handled in accordance with the Data Protection Act 1998.

Only the information provided in section 10 (Political Activity in separate section below) will be made available to the Panel if you are called for interview.

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10. Political Activity

All applicants should complete the question below. Please indicate which of the following activities you have undertaken during the past five years by ticking the appropriate box and by providing details of your involvement. Name the political party or body for which you have been active. If you have been or are an Independent or have sought or obtained office as a representative of a particular interest group, you should state this. You should tick all relevant categories.

If you are successful, the information provided will be published with the announcement of your appointment.

Have you undertaken any political activity for a political party in the past five years?

[ ] No

[ ] If yes, please indicate the activity undertaken and for which party/parties:

[ ] held office [ ] public speaking [ ] stood for election

[ ] made donations to a party (if so, please say how much _______________)

[ ] any other political activity (if so, please specify ______________________)

Party/Parties___________________________________________________

Name…………………

Signed…………………

Date……………………

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Annex B

GUARANTEED INTERVIEW SCHEME

REQUEST FORM - PEOPLE WITH DISABILITIES

OUR POLICY

We are committed to actively encouraging applications from people with disabilities. Applicants with a disability are guaranteed an interview if they meet the minimum criteria for the appointment. The person specification gives you the minimum criteria.Declaring a disability for the purposes of a guaranteed interview is your decision and is entirely voluntary.

Definition of a disabilityThe Equality Act 2010 (EA) generally defines a disabled person as:

Someone who has a mental or physical impairment that has a substantial and long-term adverse effect on the person’s ability to carry out normal day-to-day activities.

Please tick, if appropriate: I consider that I have a disability under the Equality Act 2010 and I would like to

apply for a guaranteed interview, providing I meet the minimum criteria for the appointment.

Whether you choose to apply under the Guaranteed Interview Scheme or not you can still ask us to make particular arrangements for you when attending an interview. You can also contact us if you want to discuss the criteria for the role or have questions regarding your application.

Name:      

Address:      

Date:      

If you believe this applies to you, please state the type of disability you have:

…………………………………………………………………………………………If you require special arrangements, should you be called to attend an interview, please state any such adjustments below.

…………………………………………………………………………………………

Applicants with disabilities who have any queries about specific needs should contact the DCLG Appointments Team at publicappointments@communities.gsi.gov.uk

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Annex C

CONFLICTS OF INTEREST

Please give details of any business or other interests or any personal connections which, if you are appointed, could be misconstrued or cause embarrassment to either DCLG or the Homes & Communities Agency. Any particular conflicts of interest detailed here will not prevent you going forward to interview but may, if appropriate, be explored with you during your interview to establish how you would address the issue(s) should you be successful in your application.

These could include financial interests, or where you share ownership, active connections with a field of expertise in which the Homes & Communities Agency works, membership of societies, activities, associations or employment of a partner or friend in the particular field the Homes & Communities Agency operates. Any statements you make will be treated confidentially and we will contact you to discuss any potential conflicts that might arise ahead of the sift process to explain what might be required if you are successful and check that you still wish your application to be considered.

If you are not aware of any conflicts of interest or have none, please state this.

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Annex DOTHER RELEVANT INFORMATION – DECLARATION

Any appointee to a Public Body could find that matters or incidents which previously attracted no attention could become matters of public interest once the person concerned holds a public appointment.

Please provide details on a separate sheet, if you answer “yes” to any of the following questions. Have you:

Yes No

(1) ever been convicted of any offence (other than minor motoring offences) which are not spent in accordance with the Rehabilitation of Offenders Act 1974;

(2) got any charges outstanding;

(3) become bankrupt over the past 10 years;

(4) been dismissed from any office or employment over the past 10 years;

(5) ever been disqualified from either acting as a Company Director or in the management of a Company;

(6) ever been a Director, Partner or Manager of a Company which has gone into liquidation, receivership or administration;

(7) any other information which you would consider relevant to an assessment of your suitability as a public appointee; for example business interests or personal relationships, which may lead to an allegation of conflict of interest.

Please note: a YES answer to any of the questions (1) to (7) above will not necessarily disqualify a candidate for public appointment. Each case will be treated on its merits.

However, failure to disclose relevant information may result in an appointment being summarily terminated. Any potential conflicts of interest detailed here may, if appropriate, be explored with you during any interview to establish how you would address the issue(s) should you be successful in your application.

Name: ………………………………………………………………….

Signed: ………………………………………………………Date: …………………

Annex E

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REQUESTS FOR REFEREES

Please provide names and contact details of two people who may be asked to act as referees for you, at least one of whom must have knowledge of your work relating to your most recent professional and/ or voluntary activity. They will be expected to have authoritative and personal knowledge of your achievements in a professional or public service capacity. The referees will be approached only if you are invited for an interview.

#

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Reference 1:

Name:

Address:

Telephone:

E-mail:

Reference 2:

Name:

Address:

Telephone:

E-mail:

Annex F

Advertisement Publicity Survey

Title of the advertised role: HCA Regulation Committee Member

Please let us know where you heard about this vacancy. Tick as applicable.

1. Cabinet Office Public Appointment website

2. The organisation website (please specify)…………………………….

3. Diversity website (please specify)…………………………….

4. Newspaper online (please specify)…………………………….

5. Newsletter (please specify)…………………………….

6. Any others (please specify)…………………………….

Thank you.

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