Legal Classification of Housing Associations

You asked

I wish to make a freedom of Information request regarding the following.

Could you please state the legal classification of housing associations? Whether or not they are classified as a public body or not and any changes that have been made in their classification during the past two years since 2014 to date.

Could you please state if any changes to housing associations classification are being made by proposals and is a draft power to deregulate already in the Housing and Planning Bill and what effect will it have regarding housing association classification?

Could you please state if housing associations have to comply with freedom of information act requests at the present time?

We said

Thank you for your Freedom of Information request received on 22 February 2016.

Responding to your three questions in turn;

1. Could you please state the legal classification of housing associations? Whether or not they are classified as a public body or not and any changes that have been made in their classification during the past two years since 2014 to date.

   The term housing associations is a general term used to refer to non-profit bodies that provide social housing. Within the statistical classifications used in the National Accounts there are housing associations both in the private and public sector. In September 2015, the Office for National Statistics (ONS) reviewed the classification of registered providers of social housing in England resulting in a decision to reclassify them from the private to public sector. This classification decision applies specifically to housing bodies in England registered with the Homes and Communities Agency. These bodies include both non-profit institutions (‘housing associations’) and for-profit institutions. There have been no other changes in the classification of housing associations within the last 2 years. The attached classification announcement may be of interest.

2. Could you please state if any changes to housing associations classification are being made by proposals and is a draft power to deregulate already in the Housing and Planning Bill and what effect will it have regarding housing association classification?

   The ONS is not in a position to provide information on this question as it is not a party to policy making. Additionally, ONS cannot confirm whether or not any changes to an existing policy or legislation will affect a classification decision. Once any relevant legislation has been passed, or policy enacted, then ONS would consider whether it has any bearing on the existing classifications of housing associations and if so update appropriately the ONS Public Sector Classification Guide. The Department for Communities and Local Government (DCLG) may be best placed to respond to this part of the question.

3. Could you please state if housing associations have to comply with freedom of information act requests at the present time?

   As with the second question, ONS is not in a position to provide guidance on whether or not an institution has to be compliant with the Freedom of Information Act (FOIA) requests. Schedule 1 of FOIA provides a detailed list of public authorities that are subject to the act. If you have any further queries on this subject, please contact the Information Commissioner's Office: https://ico.org.uk/