STAIRs publication scheme – do we need to publish board papers and minutes?

As many of you will already be aware, the STAIRs Publication Scheme requirements come into force in October 2026. We run a STAIRs working group, with representatives from a wide range of private registered providers (PRPs) in attendance. One of the key concerns that working group participants have raised recently is whether PRPs need to publish board papers, agendas and meeting minutes as part of the Publication Scheme.

The PRPs we have spoken to are keen to ensure that their Publication Scheme is as comprehensive as possible, and contains useful information to ensure they are operating openly and transparently with their tenants and stakeholders. The concerns in this particular area are more to do with the practicalities, resource and usefulness of uploading hundreds of pages of board and committee packs and minutes.

Although there is no official position on this yet from the Housing Ombudsman or the Regulator of Social Housing, our view is that there is no requirement to do so. This is because:

1. The Policy Statement does not explicitly require PRPs to publish board papers and minutes

   Whilst tenant meeting minutes are included under the ‘governance and decision making’ requirements at Table 1, board meeting minutes are not. It is our view that if the intention was for board papers and minutes to be part of the Publication Scheme this would be clearly stated in the Policy Statement.

2. STAIRs differs from the Freedom of Information Act 2000 (FOIA)

   The FOIA publication scheme guidance sets out the ‘Classes of information’ that are required to be published. The ‘how we make decisions’ category lists ‘policy proposals and decisions’; here there is a requirement to publish the actual decisions.

   In contrast, the STAIRs policy statement, under the ‘governance and decision making’ class of information, states the information typically included here are ‘decision making processes and policies’; we understand the requirement to be around informing tenants how decisions are made, rather than what decisions are made.

3. The format of board papers and minutes

   STAIRs places an emphasis on ensuring that information is easily accessible for tenants. However, board papers and minutes are primarily governance documents and may not always be presented in the most accessible format for a general audience.

4. The content of board papers and minutes

   STAIRs only applies to information held by a PRP which is ‘relevant information’. ‘Relevant information’ is “information related to the management of a registered provider’s social housing”. It is likely that board minutes contain a lot of information which is not ‘relevant information’ or is otherwise exempt from disclosure, for example information which is commercially sensitive in nature. This could require considerable resources to review and redact these documents prior to publication.

5. There is no requirement to create new information

   In light of points 2 & 3 above, some PRPs we have spoken to have indicated that they are considering producing a ‘tenant friendly’ version of their board minutes for publication. The Policy Statement makes clear that there is no requirement to do this (although obviously organisations can do so, if they wish to).

6. Where information in board papers and minutes is ‘relevant information’ it can be requested in an Information Request

   In April 2027 phase 2 of STAIRs comes into force, after which tenants will be able to request any ‘relevant information’ which is found within the board papers and minutes. This will ensure that tenants will always be able to get the information they are entitled to which is contained within these documents, without PRPs having to spend a disproportionate amount of time routinely reviewing, redacting and / or re-writing the entire suite of board papers and minutes for publication following each board meeting.

The National Housing Federation (NHF) STAIRs guidance, at Appendix 1, includes board papers, agenda and meeting minutes in its model publication scheme. As the guidance makes clear, the template publication scheme seeks to set out “a more detailed list of documents for PRPs to consider making available as part of their own publication scheme”; this is only a suggestion and is not an absolute requirement.

Whilst it is our view that there is no legal requirement for board papers and minutes to be published as part of the Publication Scheme, we recognise that some PRPs may still opt to do so. The Consumer Standards require organisations to ensure they are transparent in how they operate and all RPs will be considering how to achieve this outcome. Some PRPs may still opt to disclose board minutes in some shape or form, and others may simply wish to disclose the output from such meetings as and when it becomes an agreed strategy or policy. This is a decision for each organisation to make.

If you work at a PRP and would like to join our STAIRs working group, or if you have any STAIRs related questions, then please get in touch with Sarah Greenhalgh or Laura Cook.

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