Baroness Thornhill

Under the 'Collection of Client Level Adult Social Care Data (No 3) Directions 2023', local authorities are required to report data on gender as part of the subset of administrative data that is included in their quarterly Client Level Data return. The Department requires this data so it can be analysed and reported on at a national level, providing new and more detailed information about the characteristics of people who use adult social care.

The 2023 Client Level Data (CLD) Directions set out the specific data that local authorities are required to collect and submit to the Department, in order for the Department to produce national data on the provision of adult social care in England. The data mandated in these directions are therefore only a small subset of all the administrative data that local authorities may collect and hold.

Meanwhile, local authorities routinely collect the data and information they consider necessary to perform their functions. The 2023 CLD Directions do not preclude local authorities from collecting any further information, including for example sex, that local authorities may consider necessary to effectively discharge their legal obligations.

The 2023 Client Level Data (CLD) Directions set out the specific data that local authorities are required to collect and submit to the Department, in order for the Department to produce national data on the provision of adult social care in England. The data mandated in these directions are therefore only a small subset of all the administrative data that local authorities may collect and hold.

Meanwhile, local authorities routinely collect the data and information they consider necessary to perform their functions. The 2023 CLD Directions do not preclude local authorities from collecting any further information, including for example sex, that local authorities may consider necessary to effectively discharge their legal obligations.

Local authorities are under statutory duties to safeguard adults in their area with care and support needs from abuse and neglect. This includes making enquiries, or causing others to do so, if it believes that an adult in its area, with care and support needs, which may include learning difficulties or cognitive impairments or both, is experiencing or at risk of abuse, including sexual abuse, or neglect, and as a result of those needs is, or would be, unable to protect themselves.

Care Quality Commission (CQC) registered care providers are also required to adhere to the CQC fundamental standards, set out in the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, which include that service users must be treated with dignity and respect, and must have their support provided in a way that reflects their preferences. The CQC’s guidance on this legislative framework says that when providing intimate or personal care, a provider must make every reasonable effort to make sure that they respect people's preferences about who delivers their care and treatment. This may include requesting staff of a specific sex.

Client Level Data is the first national collection of individual social care records, and this data is collected by the Department from local authorities, rather than care providers. The purpose of the 2023 Directions is to assist the Department in its functions, in particular by enabling key aspects of adult social care service provision to be analysed and reported on at a national level. Local authorities are required to collect information about gender, but that does not preclude them from collecting other information from service users such as on sex, including where this is necessary for them to discharge legal obligations.

The Department has not made an assessment of care providers’ ability to supply single-sex services. We expect Care Quality Commission (CQC) regulated care providers to adhere to the CQC’s fundamental standards, set out in the Health and Social Care Act 2008 (Regulated Activities) Regulations 2014, which require service users to be treated with dignity and respect. The CQC’s guidance on this legislative framework says that “When providing intimate or personal care, providers must make every reasonable effort to make sure that they respect people's preferences about who delivers their care and treatment”. This may include requesting staff of a specific sex.

Social housing providers have the option to repurchase homes where shared owners are unable to sell due to building safety issues. They can use Recycled Capital Grant Funding or alternative resources to do so. This is not an automatic entitlement for shared owners and is available at providers’ discretion. Providers will have their own policies setting out when this option is available, including any relevant eligibility criteria, and they are expected to publish all relevant policies on their websites in a clear and accessible format.

The Government does not collect information about shared ownership providers’ policies regarding repurchase of homes from shared owners where building safety issues are present.

Regarding subletting requests, Homes England’s Capital Funding Guidance for shared ownership is clear. For properties affected by building safety issues, requests from shared owners to sub-let, including up to a market rent, should always be accepted by registered providers of social housing in England. Where required, the shared owner may also need permission from the mortgage lender and/or the building’s freeholder.

Social housing providers have the option to repurchase homes where shared owners are unable to sell due to building safety issues. They can use Recycled Capital Grant Funding or alternative resources to do so. This is not an automatic entitlement for shared owners and is available at providers’ discretion. Providers will have their own policies setting out when this option is available, including any relevant eligibility criteria, and they are expected to publish all relevant policies on their websites in a clear and accessible format.

The Government does not collect information about shared ownership providers’ policies regarding repurchase of homes from shared owners where building safety issues are present.

Regarding subletting requests, Homes England’s Capital Funding Guidance for shared ownership is clear. For properties affected by building safety issues, requests from shared owners to sub-let, including up to a market rent, should always be accepted by registered providers of social housing in England. Where required, the shared owner may also need permission from the mortgage lender and/or the building’s freeholder.

Social housing providers have the option to repurchase homes where shared owners are unable to sell due to building safety issues. They can use Recycled Capital Grant Funding or alternative resources to do so. This is not an automatic entitlement for shared owners and is available at providers’ discretion. Providers will have their own policies setting out when this option is available, including any relevant eligibility criteria, and they are expected to publish all relevant policies on their websites in a clear and accessible format.

The Government does not collect information about shared ownership providers’ policies regarding repurchase of homes from shared owners where building safety issues are present.

Regarding subletting requests, Homes England’s Capital Funding Guidance for shared ownership is clear. For properties affected by building safety issues, requests from shared owners to sub-let, including up to a market rent, should always be accepted by registered providers of social housing in England. Where required, the shared owner may also need permission from the mortgage lender and/or the building’s freeholder.

The Government does not collect data on the number of shared owners, impacted by building safety issues, who have sold or sublet their properties.

A number of steps have already been taken to accelerate the removal of unsafe cladding from buildings and improve outcomes for residents of all tenures, including shared ownership customers. This includes working closely with partners across the social housing sector to identify barriers to remediation and ways to overcome them. Further details of the Government’s plan to increase the pace of building remediation can be found in the Remediation Acceleration Plan, available at: Remediation Acceleration Plan - GOV.UK.

Social housing providers have the option to repurchase homes where shared owners are unable to sell due to building safety issues. This is not an automatic entitlement for shared owners and is available at providers’ discretion. Providers will have their own policies setting out when this option is available, including any relevant eligibility criteria. The Government expects all relevant policies to be published on providers’ websites in a clear and accessible format.

The Government does not collect data on the number of shared owners, impacted by building safety issues, who have sold or sublet their properties.

A number of steps have already been taken to accelerate the removal of unsafe cladding from buildings and improve outcomes for residents of all tenures, including shared ownership customers. This includes working closely with partners across the social housing sector to identify barriers to remediation and ways to overcome them. Further details of the Government’s plan to increase the pace of building remediation can be found in the Remediation Acceleration Plan, available at: Remediation Acceleration Plan - GOV.UK.

Social housing providers have the option to repurchase homes where shared owners are unable to sell due to building safety issues. This is not an automatic entitlement for shared owners and is available at providers’ discretion. Providers will have their own policies setting out when this option is available, including any relevant eligibility criteria. The Government expects all relevant policies to be published on providers’ websites in a clear and accessible format.