The actions (or inaction) of social housing providers are increasingly being scrutinised throughout the inquest process in relation to the health and safety of residents. 

One recent inquest considered the death of a five-year-old girl with learning disabilities, who sadly left her home without her mother’s knowledge and drowned in a nearby canal. The coroner concluded that because the social housing provider in question did not know where the property boundary finished, they had failed to assess the safety barrier to the canal - despite having received previous complaints from residents concerning the safety of the barrier. 

In light of this, the coroner expressed concerns about the culture of the organisation and issued a formal report requiring action to be taken to prevent deaths occurring in similar circumstances in future.

This case also acts as a timely reminder to consider safety risks in a holistic way, given the Regulator of Social Housing’s increasing focus on resident safety. The changes made to consumer regulation (under the Social Housing (Regulation) Act 2023) strengthen the accountability of social landlords, with the clear message that social housing providers must consider the health and safety of their residents throughout their operations 

In similar cases, housing providers may be at risk of being prosecuted and receiving significant fines, as outlined in our past ebriefing from 2019. Whilst this case focused on the actions of a local authority, social housing providers must be aware of other risks which may be present on their estates, including the risks associated with ‘street furniture’. 

We are increasingly being asked to help our social housing clients navigate and understand the new regulatory framework in relation to health and safety and how this will impact their operations more generally. In the unfortunate event that something goes wrong, we support our clients in navigating crises of this kind and assist with formal proceedings. 

For further information or legal advice on the new regulatory regime, health and safety-related matters or formal proceedings, please contact me.