The move would bring the Scottish Housing Regulator into line with OSCR.
An MSP has announced her intention to submit an amendment at Holyrood to strengthen the appeals process against the Scottish Housing Regulator (SHR).
Evelyn Tweed, and SNP MSP for Stirling, will try to amend the Housing (Scotland) Bill to provide a right of appeal against the regulator’s decision to the First Tier Tribunal General Regulatory Chamber.
The move, if approved, would bring the process for the SHR into line with how appeals relating to the Office of the Scottish Charity Regulator (OSCR) are dealt with.
The move was backed by a number of groups in the housing sector - including the Scottish Federation of Housing Associations (SFHA), the Glasgow and West of Scotland Forum of Housing Associations (GWSF), and SHARE. Together, these groups represent or support the majority of Scotland’s Registered Social Landlords.
Ms Tweed told Scottish Housing News: “When the SHR was created by the Housing (Scotland) Act 2010, the absence of an independent appeals process was a glaring omission. Since then, MSPs have heard repeated complaints about SHR operations but have been powerless to intervene. This is unacceptable for a body that is supposedly accountable to the Scottish Parliament.
“I experienced this firsthand when I presented prima facie evidence of bullying and harassment by the SHR at Dalmuir Park Housing Association. There was a point-blank refusal to consider any independent investigation and a complete failure to engage openly with me. No public body should be allowed to operate with such impunity.
“Decisions by the SHR can profoundly impact RSLs, their staff, tenants, and the communities they serve. It’s only right that these decisions are subject to transparent, independent scrutiny—just as OSCR’s decisions are for charities.”
SHR decisions can currently only be challenged through judicial review - a process that the MSP and supporters of the amendment say is expensive and time-consuming.
Ms Tweed also told Scottish Housing News: “My amendment will ensure natural justice prevails, providing a much cheaper and quicker mechanism for resolving disputes, fostering greater transparency and trust within the sector. It addresses the concerns raised by SFHA, GWSF, SHARE, and others for open and accountable regulation.
“The only way Parliament can have full confidence in the SHR’s operations is to provide those affected by its decisions with an accessible judicial process.”
