The House of Commons Library has published a briefing which maps the main elements of the United Kingdom's uncodified constitution. The document synthesises the main elements of the UK's constitutional framework, drawing from various sources including legislation, royal prerogative, case law, and conventions. The briefing highlights the flexible and pragmatic nature of the UK constitution, as affirmed by the Supreme Court in the Miller II judgment. It focuses on the current state of constitutional arrangements, encompassing both legal and ceremonial aspects, and acknowledges the ongoing evolution of constitutional conventions through regular updates to official documents. The briefing aims to serves as a navigational aid for legal practitioners and scholars seeking to understand the complex landscape of the UK's constitutional structure.

The Housing (Cladding Remediation) (Scotland) Act 2024 received Royal Assent on 21 June 2024. This legislation empowers Scottish Ministers to identify external wall cladding systems on residential buildings that pose risks to human life and to address those risks, as well as establishing a Cladding Assurance Register. The Act also enables the establishment of schemes to require contributions from those in the building industry for assessing and remediating dangerous cladding.

On 14 May 2024, the Scottish Parliament passed the Housing (Cladding Remediation) (Scotland) Bill. The Bill empowers the Scottish Ministers to assess and remediate certain types of buildings with unsafe cladding. These assessments and any remediation works completed will be recorded in a ‘Cladding Assurance Register’. The Scottish Ministers will also be empowered to create a ‘Responsible Developers Scheme’ (RDS). The RDS is intended to be similar to the Responsible Actors Scheme established in England under the Building Safety Act 2022. The RDS will require certain parties in the building industry to address, or contribute to the costs of addressing, ‘risks to human life created or exacerbated (directly or indirectly)’ by the external wall cladding on residential buildings. Confirmation of when the Bill will receive Royal Assent and come into force is awaited.

Local Government analysis: This judicial review concerned Lewisham Council’s 2022 Housing Allocation Policy and its impact on Gloria Elsy Rodriguez Robles, a long-standing applicant on the housing register. Ms Rodriguez lived in a one-bedroom flat with her adult daughter in conditions which were later accepted as being statutorily overcrowded. Under the council’s previous scheme drafted in 2017, Ms Robles was placed in Band 3 (moderate priority) with effect from May 2021. However, following policy reform in 2022, she was reclassified to Band 4 (low priority), as the new scheme distinguished between statutory and non-statutory overcrowding. Ms Robles submitted a change of circumstances form in December 2022, and as a result she was reassessed and placed back into Band 3. However, her Band date was reset to 27 December 2022, rather than retaining her original date of 10 May 2021. Ms Robles challenged that decision, arguing that her circumstances had not changed and therefore she should retain her earlier priority. Hugo Keith KC, sitting as a Deputy High Court Judge dismissed the claim. It was held that Lewisham had lawfully exercised its discretion under the Housing Act 1996 (HA 1996). The 2022 scheme was a substantive policy change, not a continuation of the previous framework. The Council was entitled to reclassify applicants and reset Band dates to reflect current eligibility. The scheme was not irrational, nor was the council’s application of it unlawful. While the communication around the change was imperfect, it did not invalidate the policy or its implementation. Written by Clive Adams, partner at Birketts LLP.

The Housing, Communities and Local Government Committee has published a report calling for faster and more extensive commonhold and leasehold reform. The report states that while the draft Commonhold and Leasehold Reform Bill represents a significant step towards giving leaseholders control over their buildings, further reform is required to meet leaseholders’ expectations and previous government commitments. The Committee recommends amendments to strengthen the proposed reforms, including implementation of the proposed £250 annual ground rent cap for existing leaseholders by late 2027 and reconsideration of the proposed 40-year transition to peppercorn ground rents. The report also calls for the establishment of an independent regulator for property managing agents, enactment of outstanding Law Commission recommendations on commonhold, clarification of shared ownership voting rights and modernisation of HM Land Registry systems to support implementation of commonhold reform.

The statute which enshrines the principle of adjudication in the construction industry

Part II of the Housing Grants, Construction and Regeneration Act 1996 (HGCRA 1996) came into force in May 1998 and applies to 'construction contracts' (as defined in the HGCRA 1996)—it requires them to include specific provisions relating to payment and adjudication. HGCRA 1996 is also commonly referred to as the ‘Construction Act’.

The Housing Ombudsman has published the latest Independent Reviewer of Service Complaints report covering the period between 1 October 2022 to 31 March 2023. The report provides a sample of complaints received, the responses by management and recommendation on how the approach could be improved.

The Housing Ombudsman Service has launched a consultation for social housing landlords on its principles of Good Practice in the carrying on of housing activities. The Ombudsman is seeking views on the delivering of Good Practice as well as other topics including deciding on appropriate levels of compensations, effective complaint handling and effective root cause analysis of complaints. The Ombudsman’s current approach to Good Practice is to encourage landlords to self-assess their properties and improve areas of concern rather than waiting for a complaint or an order from the Ombudsman to act. The consultation closes on 24 May 2024.

The Housing Ombudsman Service (HOS) has published its Annual Complaints Review for 2023-2024, highlighting an increase in interventions to resolve disputes between residents and landlords. Key findings include 21,740 interventions to address resident complaints, 73% of decisions resulting maladministration due to landlords not following legal requirements and nine landlords being given more than five failure orders for non-compliance with the Complaint Handling Code. HOS has noted that the impact on residents' lives due to poor services and conditions is evident in investigations throughout the year and has encouraged landlords to learn from this review.

The Housing Ombudsman Service has published its latest severe maladministration report. This report shares valuable insights from social housing decant cases, highlighting key lessons to enhance landlord services and safeguard residents' well-being. As social housing providers strive to deliver safe and secure homes for millions, this report offers critical guidance. Timed ahead of the introduction of Awaab's Law, which sets new standards for temporary moves involving health and safety risks, this report prepares landlords for the upcoming legislation. Key takeaways includes streamlining processes to minimize resident stress and anxiety and fair treatment of subsistence costs, such as food and travel expenses.

The Housing Ombudsman Service has published its first complaint handling report since its Complaint Handling Code was given statutory status. While 95% of landlords report the Code has helped foster a positive complaint culture, the Ombudsman highlights ongoing concerns. These include a high number of Complaint Handling Failure Orders (CHFOs) being issued, with some landlords receiving multiple orders. The report emphasises the need for landlords to adopt an ethical stance in complaint handling, ensure adequate resources, and use complaints to test organisational culture. The Ombudsman stresses that failure to address these issues could erode trust and have wider community impacts.