Housing: Proportionate Dispute Resolution

Consultation paper
On 29 June 2007 we published a consultation paper Housing: Proportionate Dispute Resolution – the Role of Tribunals.  The main issue in the paper is whether a specialist tribunal should be established to resolve housing disputes.  A summary of the consultation paper is also available.

We provisionally propose that a tribunal should be set up within the new flexible structures to be created by the Tribunals, Courts and Enforcement Bill. It would incorporate the Residential Property Tribunal Service (RPTS) tribunals.  It would also have jurisdiction to deal with rented housing possession and disrepair claims, mobile home possession claims and rented housing disrepair claims.

We also provisionally propose a rationalisation of appeals from the RPTS to the Upper Tribunal to be created by the Bill. We suggest that the Upper Tribunal should also be given jurisdiction to hear homelessness statutory appeals and housing and homelessness judicial reviews.

Consultation on this project closed on 28 September 2007.  Our project deadline means that on this occasion we will be unable to accept late responses.

Issues paper
The role of courts and tribunals was one issue touched on in the issues paper Housing: Proportionate Dispute Resolution published by the public law team in April 2006. In the issues paper we took a broader view of housing dispute resolution.  The starting point was the problems that people encounter with housing, and how they can be best resolved. This fits in with the policy of the Ministry of Justice (previously the Department for Constitutional Affairs) on the need for more user-focused services (see below).  A summary of the issues paper is available.

The issues paper set out our proposals for a more coherent system of housing dispute resolution comprising:

• use of a "triage plus" process, diagnosing individual and wider housing problems, referring them to appropriate resolution methods, and collecting information about housing problems and how they are resolved;
• use of dispute resolution mechanisms such as mediation, ombudsmen and managerial techniques; and
• where needed, use of a court or tribunal. 

The values underpinning such a system should be stated explicitly. The bodies involved in the different parts of this system should inform and learn from each other. They should also feed back where possible to initial decision-takers.

Analysis of responses to the issues paper
In June 2007 we published an analysis of the responses we received to the issues paper.

Project background
In May 2004, the Department for Constitutional Affairs asked us to look at how housing disputes are dealt with. Their White Paper emphasised that:

• users should come first;
• all dispute resolution should be proportionate;
• there should be a focus on improving initial decision-making rather than relying on complaints or redress systems to correct errors.

In September 2004 we held a seminar for about 50 people including district judges, ombudsmen, Government officials, people from the voluntary sector and from landlords and tenants groups. Issues raised ranged from the need for early diagnosis of the nature of problems and the importance of services like mediation and debt counselling, to the role of ombudsmen and the need for a local focus for services. A review of that seminar is available.

Background research papers
Further research papers are available.

It is not necessary to read these papers to understand or respond to the issues paper, but they may provide further food for thought.

Alongside the issues paper we published a further analysis paper. This draws on socio-legal theory about how disputes are constructed by the dispute resolution processes themselves; examines the historical development of different housing dispute resolution mechanisms; and considers the values which should underpin the housing dispute resolution system.

For more information, contact the public law team or go to the team page.

NOTE - We are happy to provide information about our projects. However, we cannot give legal advice or deal with individual cases. Nor do we provide legal research to assist with student assignments. This does not affect your rights under the Freedom of Information Act 2000 to request information.

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