What are the principles of the system?
The key principle of the Housing Health and Safety Rating System (HHSRS) is that the dwelling, including the outbuildings and garden, should provide a safe and healthy environment for the occupants and any visitors. The system applies to all dwellings including houses, self-contained flats, non self-contained flats, and bedsits.
The dwelling is inspected using a risk based assessment process and considers the effect of any ‘hazards’ in the property. Hazards are then rated according to how serious they are and the effect they are having, or could have, on the occupants. The system also provides a means of comparing the risks associated with different types of hazard. Some are slow in their effect, like dampness and cold, whilst others are quick, such as falls. Some hazards are more likely to result in death (such as carbon monoxide); others are very unlikely to cause death e.g. noise.
It must be remembered that all dwellings contain hazards and it is not possible to remove all of these. The emphasis is to minimise the risk to health and safety as far as possible either by removing the hazard altogether or minimising the effect, as appropriate.
What are the hazards?
The HHSRS can deal with 29 hazards summarised as follows:
PHYSIOLOGICAL REQUIREMENTS
PSYCHOLOGICAL REQUIREMENTS
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Crowding and space
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Entry by intruders
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Lighting
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Noise
PROTECTION AGAINST INFECTION
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Domestic hygiene, Pests and Refuse
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Food safety
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Personal hygiene, Sanitation and Drainage
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Water supply
PROTECTION AGAINST ACCIDENTS
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Falls associated with baths, etc
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Falls on level surfaces, etc
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Falling on stairs etc
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Falling between levels
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Electrical hazards
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Fire
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Flames, hot surfaces etc
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Collision and entrapment
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Explosions
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Position and operability of amenities etc
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Structural collapse and failing elements
How are assessments made?
The assessment process is not just a question of spotting defects in the dwellings, but is about risk assessment, outcomes and effects.
When an inspector identifies a hazard, two key tests are applied – what is the likelihood of a dangerous occurrence as a result of this hazard and, if there is an occurrence, what would be the likely outcome. The hazards are assessed according to their likely impact on people designated as the most vulnerable group, such as children and the elderly, not necessarily against the current occupiers of the dwelling. The action that needs to be taken to deal with a hazard will be influenced by who is occupying the property (see ‘How will the system be enforced?’ below)
An inspector judges the likelihood of an occurrence (such as an accident) over the next 12 months which could result in harm to a member of the vulnerable age group. An accident in which an occupant could fall down the stairs is classified as an occurrence.
After judging the likelihood of an occurrence, the inspector makes the second judgement, that of the possible harm which could result from such an occurrence. There are a range of four harm outcomes, which are shown below together with some examples:
CLASS 1 (Extreme):
- death from any cause
- permanent loss of consciousness
- regular severe pneumonia
- 80% burn injuries
CLASS 2 (Severe):
CLASS 3 (Serious)
CLASS 4 (Moderate):
The above assessment allows for each hazard identified to be awarded a hazard score:
Hazard Score = the likelihood of an occurrence X severity of likely harms caused.
The hazard scores are divided into ten bands (A to J); band A is the most serious and J the least serious. Hazards which fall into bands A to C are Category 1 hazards with those in bands D to J are Category 2 hazards.
In simple terms, the greater the risk (likelihood), or more serious the outcome, the higher the hazard score. An example of a high score would be a gas water heater leaking carbon monoxide – the likelihood is high and the outcome could be death.
How will the system be enforced?
Basingstoke and Deane Borough Council is obliged to deal with poor housing conditions in their area. The hazard score does not dictate the action to be taken, but the council will focus their attention on the category 1 hazards and the more serious category 2 hazards.
The aim of intervention is to make the dwelling safer for occupation by the mitigation or removal of hazards. The choice of enforcement tool will therefore be a judgement as to whether hazards can be reduced or removed entirely, how they might be removed or reduced and, if they cannot, what other action is necessary. In making this judgement the council will take account of the vulnerability of the current occupants.
The courses of action available to the council are to:
- Serve an Improvement Notice, requiring remedial action to remedy or mitigate a hazard within a set time period.
- Make a Prohibition Order, prohibiting the use of the premises, or any part of it, for any purpose, except one approved by the Council.
- Serve a Hazard Awareness Notice, which advises the owner of the hazard concerned and the appropriate action to deal with it. It is purely advisory and there is no follow up action.
- Make a Demolition Order
- Take Emergency action where a category 1 hazard is so serious as to represent an imminent risk of serious harm
What are the grounds for appeal?
An owner or agent who has an improvement notice or prohibition order served on them can appeal the notice to the Residential Property tribunal, normally within 21 days. There is no restriction on the ground of appeal but the main grounds are likely to be that:
- The deficiency referred to in the notice does not amount to a hazard;
- Someone else is responsible for carrying out the work at the property; and/or
- The works required in the notice are unreasonable and alternative works should be considered.
If a notice is not complied with within the time allowed, the owner or agent may be prosecuted and the council may also undertake the required works in default and recover their expenses.