Exempt Accommodation
Bureaucracy vs Humanity: The Quiet Burden of Getting it Right
What is supported or ‘exempt’ accommodation?
Supported accommodation refers to housing that is provided alongside care, support, or supervision for individuals who may be vulnerable or unable to live independently. This includes, but is not limited to, people experiencing homelessness, survivors of domestic abuse, individuals with mental health needs, care leavers, and people in recovery from addiction.
The term "exempt accommodation" comes from the Housing Benefit (HB) regulations. Under regulation 75H of the Housing Benefit Regulations 2006 (SI 2006/213), certain types of supported accommodation are “exempt” from standard local housing allowance (LHA) caps. Specifically, it refers to accommodation provided by non-profit organisations where tenants receive a level of care, support, or supervision, and the landlord is responsible for more than just housing, they are expected to actively contribute to the tenant’s wellbeing. This exemption allows higher levels of Housing Benefit to be paid, reflecting the higher costs of managing and supporting vulnerable residents. However, the legal complexity of defining and regulating this kind of provision has led to growing scrutiny.
Why is exempt accommodation under debate?
In recent years, the exempt accommodation model has come under the spotlight in Parliament and across local authorities. While the majority of providers deliver essential services, working tirelessly to fill the housing gap councils cannot cover alone, there have been a small number of documented abuses of the system. These include cases where providers claim higher rents without delivering the promised support, exploiting both the system and its residents.
MPs, councils, and charities have broadly acknowledged that most providers are not unscrupulous, in fact, they carry the weight of a housing and support crisis that would otherwise fall entirely on the shoulders of underfunded local authorities. A 2022 report by the Levelling Up, Housing and Communities Committee recommended urgent reform, but with careful balance, recognising the critical role played by ethical, community-driven organisations that often act as the last safety net for society’s most vulnerable.
The Government’s Supported Housing (Regulatory Oversight) Act 2023 (which received Royal Assent in August 2023) is one step toward that reform. It enables local authorities to implement licensing schemes and sets a framework for national standards. The intention is clear: root out rogue landlords, but preserve, and protect, the essential service that good providers deliver.
But herein lies the challenge…
This is where we move from policy to people, from regulation to responsibility. A central concern among those working in the sector is whether new laws and local authority enforcement efforts will inadvertently drive out the very providers the system relies on. If regulation becomes too burdensome or too inflexible, there’s a risk that decent, well-intentioned organisations will find themselves unable to continue,
In many ways, this blog post ties together the theme of bureaucracy vs humanity, In the heart of every legal framework, every clause, regulation, and tribunal ruling, there lies an intention: to create order, to offer protection, and to deliver fairness. But intentions alone are not enough. Too often, we witness moments where bureaucracy overtakes humanity. Systems designed to help can end up obstructing; processes meant to protect can cause harm, and it's rarely the law itself that fails, more often, it’s how we, as humans, interpret, apply, or misunderstand it.
Working within this environment, especially when supporting vulnerable individuals, brings a unique and heavy weight. The stakes are rarely abstract. They are real people, with real fears, facing eviction, destitution, discrimination, or the erosion of dignity. In those moments, getting it right matters, deeply, and yet, the path to justice is rarely clear-cut.
One of the great paradoxes of legal work is this: we are trained to separate emotion from reasoning. To work within a framework of principles, standards, and precedents. And yet, humanity is the key to resolution. The law is only as effective as the empathy and understanding that drives its application.
In practice, this means balancing two worlds:
On one hand, the responsibility to remain objective, to follow due process, to protect against bias, and to respect the integrity of legal mechanisms.
On the other, the moral obligation not to let people fall through the cracks of a system that they cannot navigate alone.
This work demands a difficult discipline: staying calm in the storm of someone else's crisis, holding space for pain without becoming consumed by it, and being strong enough to challenge institutions that may have forgotten their own founding principles. It also means being willing to say, "This is what the law says, but here’s how we can work within it to make it better." The quiet, heavy burden of getting it right. For every clause in legislation, there is a real person behind the policy, and for every provider who gets it wrong, there are many more simply trying to do the right thing, often against difficult odds.
Councils cannot meet the demand alone. Collaboration is essential. Not just across agencies, but across experiences, between lawyers, researchers, housing officers, mental health advocates, educators, and the people themselves. Understanding why a piece of legislation exists, its intent, its history, and its boundaries, can shift a conversation from conflict to clarity. It can build trust and unite people in a shared goal.
Supported accommodation, when done well, is not just a service, it's a lifeline. If local authorities and genuine providers are willing to work together, transparently and proactively, there is an opportunity not just to regulate the sector, but to transform it into something sustainable, accountable, and most importantly, humane. Ultimately, the law is a tool. It can be wielded coldly, or it can be wielded wisely. For those of us who walk alongside the vulnerable, this is not just a job, it is a responsibility. One that calls us to hold bureaucracy accountable without losing our own humanity in the process.
Because when we get it right, together, the result isn’t just legal compliance. It’s dignity. It’s justice. And it’s hope for those who need it the most.
References
Levelling Up, Housing and Communities Committee (2022). Exempt Accommodation: Third Report of Session 2022–23. HC 21. London: House of Commons. Available at: https://publications.parliament.uk/pa/cm5803/cmselect/cmcomloc/21/report.html
Supported Housing (Regulatory Oversight) Act 2023. Chapter 50. London: The Stationery Office. Received Royal Assent on 29 August 2023. Available at: https://www.legislation.gov.uk/ukpga/2023/26
Housing Benefit and Council Tax Benefit (Consequential Provisions) Regulations 2006, SI 2006/217. Regulation 75H. Available at: https://www.legislation.gov.uk/uksi/2006/217/contents
