Supported Living Explained

Supported living has seen rapid expansion in both provision and those seeking provision. From the enquiries we receive at W&P, it also seems to be a much-misunderstood service – even down to the fundamental question of whether it is regulated or not. This is perhaps not too surprising, however, as the answer can be both!

Supported living premises are overseen by local authorities through contractual arrangements for each individual that is referred by them to the provider. The premises are checked and approved for use in terms of facilities, fire safety and staffing.

Premises

Each local authority sets out its own supported living requirements, which mirror the needs of the individuals they need to accommodate. Younger people with learning disabilities and older, vulnerable adults can now be part of the supported living environment. Some of the older providers still have 9-12 tenants per premises, while newer provision is moving to smaller premises that accommodate 3-5 tenants.

Things to consider:

• The size of the premises is important in terms of any House of Multiple Occupation (HMO) rules that may apply, including any need to register as a HMO.
• Those living in supported living premises are tenants with full tenancy rights. The important consideration here is whether they have capacity to consent to the tenancy?
• If, as the provider, you do not own the premises but lease it from a third party, all appropriate insurances must be in place and the third-party owner informed of the use of the premises for supported living purposes.
• Private landlords are subject to different rules to local authorities or housing associations, which may also offer supported living accommodation. It is vital to understand the requirements for your premises before any financial outlay.

Tenants

As a supported living provider, your tenants will be assessed by the local authority using its eligibility criteria. They are usually funded by direct payments and government benefits. Some however are still fully funded by the local authority e.g., Section 117 funding.

All tenants must have a tenancy agreement, which is between the provider and the individual tenant, unless the local authority contract sets out different arrangements. For your own protection as the provider, your tenancy agreement should include who is responsible for repairing any damage to the property, subject to any contractual obligations set out by the local authority.

Supported living and the Care Quality Commission

The Care Quality Commission (CQC) does not currently register supported living premises; however, if you, as the provider, wish to provide personal care services to your tenants, you would need to register as a domiciliary agency.

It is worth remembering that tenants funded by direct payments retain the right to chose their own personal care providers. Feedback from current supported living providers, who have provided personal care services for years, are now finding that tenants are being reminded of their choices at reviews. For some providers, the loss of a personal care support package has a huge impact on their financial viability, as premises costs are continuing to rise, year on year.

And finally…

• Do your homework. In particular, check your local authority website to find out if they have a need for supported living premises.
• If classed as a large HMO, premises are subject to licensing with a set annual charge for the license.
• If classed as an HMO, you are liable for the council tax. All local authorities differ in their requirements so checking the details is paramount.

As a provider of supported living premises, you will need policies and procedures for a non-registered service or the appropriate set for a domiciliary service or learning disabilities. W&P offers a complete range of policies and procedures, as well as support and advice services for both existing providers and those thinking of starting up a supported living business. For more information about how we can help, contact us.