Housing Associations Are 'Hybrid-Public Authorities'

Big stuff in the housing world - and potentially in the world of government strategy for 'choice and the small state' as well. Housing Associations, it seems, are 'hybrid-public authorities' according to the Court of Appeal. So they have obligations under the Human Rights Act. Why? Because:

• Their significant reliance on public funding.
• Their close working relationship with local authorities in the allocation of their stock.
• Their provision of subsidised housing should be properly regarded as a governmental activity.
• They act in the public interest.
• They are regulated by a Government agency in such a way as to promote governmental policy objectives.
• They have some functions of a public nature e.g. in relation to anti-social behaviour.

Which strikes me as potentially also being true of quite a lot of other charities and so called third sector organisations in other fields, such as social care or even health and education. A world of Judicial Review against such bodies might be about to emerge. ( Perhaps with Mr. Coates leading the charge?)

At least as interesting to me, however, is the link that the Housing Associations own trade body make to a 'separate, but allied, cause for concern': are they public bodies? Because, if they are, then their borrowing will count against public sector borrowing requirements - and their relative attractiveness compared to Councils as agents of housing development will lessen to governments of any colour. The NHF say:

"...it seems likely that carrying out a “function of a public nature” for the purposes of the Human Rights Act does not necessarily give rise to reclassification as a “public body”. However, it is stressed that classification as a “public body” does not depend on any single factor, but it based on the totality of an organisation’s relationship with the state. In this context a decision such as Weaver is certainly unhelpful even if not determinative in itself."

But its getting closer by the day, you can feel it can't you?