Arms
Length Management was introduced in the 2000 Housing Green Paper
and seen by many as a rescue clause for councils and tenants who
didn't want to transfer.
Under the 2001
government guidance, councils would separate their housing strategy
work from their landlord functions. An arms length company or board
would take over the housing management service. The council still
owns the homes and tenants are still council tenants with a secure
tenancy but the arms length management organisation has a significant
degree of independence from the local authority.
Models for
Arms Length Management
ALMOs are companies
that are 100% owned by the local authority. They have a Board of
Directors which includes tenants and independents, as well as councillors.
Housing staff are transferred to the new company and are no longer
council staff. The contract with the council is set out in a Management
Agreement and the ALMO is paid a Management Fee for carrying out
its housing duties. Rents are still set by the council (or in reality,
by the government) and councils still control the housing revenue
account and capital investment although the arms-length board has
the freedom to set its own service standards, capital programme
and most policies - with the exception of the council's Lettings
Policy.
There is strong
emphasis from the government on local management and diversity -
so initially a limit of more or less 12,000 homes was set for each
arms-length company. This limit seems now to have been abandoned
in practice and a group structure with area panels is seen as the
solution for councils wanting to set up whole-stock arms-length
bodies. Tenant management organisations can also become arms-length
bodies.
Housing management
staff transfer to the ALMO under TUPE protection of employment rules.
ALMOs are encouraged by the Audit Commission to re-tender council
contracts and opt-out of corporate tendering strategies. This may
have a wider impact on the council's workforce.
ALMOs and the
Decent Standard
The original
aim in setting up Arms Length Management Organisations was for councils
to achieve the Decent Standard by 2010. ALMOs qualify for extra
resources, if they meet the Audit Commission's standards for a 2
star good service or 3 star excellent service in their Best Value
inspection. This funding can be used to borrow more from the government
loans board - enough to finance the investment plans of the arms-length
organisation. Four funding programmes for ALMOs have been agreed
by government since 2002 and another two rounds were launched in
the 2004 Spending Review. Public funding for ALMOs was £321
million in 2003/04 and £590 million in 2004/05. The ALMO's
extra borrowing rights and revenue to support the borrowing has
to be re-negotiated with government every two years
By 2005 there
were 58 ALMOs in 53 local authorities, managing 870,000 council
homes. By the end of the 6th round of ALMOs, half of all remaining
council homes will be under arms-length management.
Tenant Participation
under the ALMOs
Tenants can
become directors of the Arms Length Management Organisation, alongside
councillors and independents. In many cases they have become the
majority group on the Board. It is questionable whether this makes
any difference in practice. The Audit Commission guidance is clear
that tenants on ALMO or RSL boards are not there as representatives,
or to reflect the views of a constituency. They are there as directors
and their first loyalty is to the company. They have a responsibility
to make sure the company is financially sound and in some cases
work to a code of conduct which lays down their duty to take advice
from the company's chief executive. The ALMOs' trade body argue
that tenants have gained greater participation under the ALMOs and
certainly satisfaction rates are up around 75%. The inspection framework
of the Audit Commission has been a key factor behind improvements
in performance and a widening of participation opportunities.
Future of the
ALMOs
The National
Federation of ALMOs are currently arguing (Winter 2006) that arms
length management should be here to stay - and ALMOs should continue
long after they have achieved the Decent Homes standard. They argue
that tenants have been empowered by ALMOs and will not want to lose
them. They are lobbying the government for extra financial powers.
These powers could give ALMOs significant freedoms from local authorities,
including the right to borrow on the open market and could possibly
see ALMOs leasing or taking over the ownership of council housing.
Some commentators
have raised concerns about arms-length management calling it "a
stepping stone to privatisation." They have called for a 4th
option to allow councils to invest and keep their stock. |