AHBRA Investigations – Frequently Asked Questions
The Approved Housing Bodies Regulatory Authority (AHBRA) is the statutory regulator for Approved Housing Bodies (AHBs).
What is AHBRA’s remit?
AHBRA is responsible for regulating Approved Housing Bodies (AHBs) in accordance with the Housing (Regulation of Approved Housing Bodies) Act 2019. Its role includes protecting homes provided by AHBs, ensuring good governance, financial management, tenancy and asset management and safeguarding public investment in social housing.
How does AHBRA regulate?
AHBRA is a risk-based regulator. Risk-based regulation ensures its approach, and the use of its powers, is appropriate, measured, and proportionate. It allows AHBRA to focus on important risks and to have different levels of engagement with individual AHBs depending on their risk profile. By doing this, resources can be targeted to where they are most effective.
What powers does AHBRA have?
AHBRA has a range of powers and actions available to it under the 2019 Act. These include the ability to compel an AHB to provide it with information, conduct assessments of an AHB’s compliance with the Standards for AHBs, enter an AHB into a compliance plan, and carry out investigations into the affairs of an AHB. AHBRA also has enforcement powers to address non-compliance by AHBs with the Act and the Standards, including removing an AHB from its register and obtaining High Court orders.
What is an investigation?
Under the 2019 Act, AHBRA may, where it considers it necessary for the performance of any of its functions, appoint inspectors to investigate the affairs of an AHB. Inspectors are independent of AHBRA and have a number of powers to compel AHBs and other relevant persons to provide them with documents and other evidence. In addition, inspectors can require a relevant person to answer questions under oath or affirmation in order to provide an explanation of a decision, course of action, system or practice.
What is its purpose?
The purpose of an investigation is to:
- Establish relevant facts in order to clarify what happened, when, how and why
- Investigate risks to governance, financial management, or tenancy/property management practices within AHBs
- Determine whether an AHB is meeting the requirements of the 2019 Act and the Standards for AHBs
- Where breaches or failures are identified, an investigation may facilitate the implementation of corrective measures to bring the AHB back into compliance with the 2019 Act and the Standards for AHBs
What happens when an investigation is complete?
AHBRA carefully considers the contents of an investigation report once received from the inspectors. AHBRA may give the AHB an opportunity to respond to the report and indicate what actions it is going to take to address any matters of concern identified, where applicable. AHBRA will take into account any response received as part of this process.
AHBRA will consider any next steps required on foot of the investigation report and what, if any, regulatory action is appropriate under the Act. This may include other regulatory intervention, publication of the report and/or circulation of the report to one or more of the persons referred to in the Act. AHBRA at all times adheres to any applicable statutory or legal requirements, including fair procedures.
Will an investigation report be made available to the public?
AHBRA may, at its discretion, publish an investigation report. The decision to publish a report shall be made after due consideration of relevant factors including, but not limited to, the public interest, the severity of the findings, and the potential impact on stakeholders.