A proposal to ensure an independent right of appeal for Registered Social Landlords (RSLs) against decisions made by the Scottish Housing Regulator (SHR) will be introduced as an amendment to the Scottish Housing Bill, see https://www.scottishhousingnews.com/articles/msps-back-independent-right-of-appeal-against-scottish-housing-regulator-decisions
The current position
Currently, a RSL which disagrees with a decision of SHR can make an appeal through their internal process: https://www.housingregulator.gov.scot/for-landlords/statutory-guidance/how-to-request-a-review-of-a-regulatory-decision-or-an-appeal-of-a-regulatory-decision/
RSLs may, under this process, appeal some of the most significant decisions by SHR, including exercise of their statutory powers in relation to matters such as appointment of statutory managers etc. This is in addition to a specific statutory right of appeal to the Court of Session in respect of certain very limited matters under the Housing (S) Act 2010.
A request must be made within 15 working days of the decision. Grounds for appeal include errors, new evidence, failure to follow procedure, failure to take account of relevant issues and the nature of the decision was so unreasonable that no reasonable regulator would have taken it.
The appeal is heard by two SHR Board members and a third person who is not an SHR staff or Board member who acts as an advisory member of the Panel.
The only alternative to the internal SHR appeals process is a court action for judicial review of a decision made by SHR, which can be time consuming and costly.
The new position
Evelyn Tweed MSP introduced the proposed amendment, which has been welcomed by the sector and particularly SFHA who have been campaigning for an independent right of appeal for many years.
Appeals will be able to be heard by the First Tier Tribunal for Scotland, in a move which makes the process similar to that for an appeal against a decision by OSCR.
The Charities and Trustee Investment (Scotland) Act 2005 provides that a decision of OSCR can be appealed to the FTT following an initial appeal to OSCR. Any appeal to the FTT must be made with 28 days of any confirmation by OSCR. The FTT has the power to quash a decision of OSCR and direct it to take such other action as the FTT thinks fit, or to remit the matter back to OSCR for reconsideration. OSCR has 14 days to reconsider, revoke or confirm the decision.
A right of independent appeal is beneficial both to RSLs and to SHR as a public body to ensure appropriate scrutiny of SHR’s decisions and to maintain transparency in how SHR regulates. We regularly advise RSLs in all matters of regulatory compliance and so please contact our team with any queries.
