Agenda item

Councillor Lesley Kelly, Cabinet Member for Housing, introduced the report.

The report proposed to Cabinet a fully revised Allocations Scheme covering the eligibility for, and letting of, council housing in the borough. The revisions took account of the new freedoms and flexibilities afforded local authorities with regard to the letting of council homes brought in by the Localism Act 2011. The revisions had been informed by thorough and detailed consultation with residents likely to be affected and stakeholders both within and outside the Council.

The report also set out a draft Tenancy Strategy for approval. It was a new requirement of each housing authority, brought in by the Localism Act 2011, that a Tenancy Strategy be published by no later than 15 November 2012 covering the authority’s approach to the use of fixed term tenancies, rather than lifetime secure tenancies.

Housing associations operating in the borough were required to have regard to the Tenancy Strategy when setting their own tenancy policies. Given this influencing role of the Strategy, it also included details of the Council’s approach to affordable rents, these being rents of up to 80% of local market rents, introduced in 2011.

The draft Tenancy Strategy had been produced following thorough and detailed consultation with residents, registered providers (also known as housing associations or registered social landlords) and other stakeholders.

Reasons for the decision:

Housing Allocations Scheme

The Localism Act 2011 gives housing authorities greater freedom and flexibility over which households are and are not eligible for social and affordable rented accommodation. The Council’s current Allocations Scheme was approved in 2005 and it was now timely to review the existing scheme in light of the Localism Act and subsequent Code of Guidance and statutory instrument.

Tenancy Strategy

The Localism Act 2011 placed a new duty on housing authorities to publish a Tenancy Strategy by 14 January 2013. Approval and adoption of the Strategy would set out clear guidance and support the Council and registered providers operating in the borough to make best use of social and affordable housing stock in the borough.

Options considered:

Housing Allocations Scheme

1.      Not to change the existing Allocations Scheme – REJECTED because the Council would not be availing itself of the new freedoms introduced under the Localism Act and people in the lowest priority bands would continue to have an unrealistic expectation of securing social or affordable rented housing.

2.      Review and amend the Allocations Scheme – PROPOSED so as to remove the problems identified above.

Tenancy Strategy

No alternative was considered because the Council had a statutory duty under the Localism Act 2011 to publish a Tenancy Strategy.

Cabinet Members were reminded that, when considering what decision to make, they were under a personal duty to have due regard to s149 Equality Act 2010, namely that the Local Authority when exercising its functions must have due regard to the need to eliminate discrimination, harassment, victimisation and any other conduct that is prohibited by or under the Equality Act; advance equality of opportunity between persons who share a relevant protected characteristic and persons who do not share it; and foster good relations between persons who share a relevant protected characteristic and persons who do not share it.  Relevant protected characteristics included age, disability, and sex.

Cabinet Members attention was drawn to the Equality Analyses which were contained in Appendices D and E of the report.. Within those documents particular attention was drawn to section 5 (Likely Impact).

Having had careful regard to the Equality Analyses, and also the Consultation responses, Cabinet members were also under a personal duty to have due (that is, proportionate) regard to the matters set out above and (i) to consider and analyse how the decision would likely affect those persons with protected characteristics, in practical terms, (ii) to remove any unlawful discrimination, harassment, victimisation and other prohibited conduct, (iii) to consider whether practical steps should be taken to mitigate or avoid any adverse consequences that the decision would likely have, for persons with protected characteristics, and, indeed, to consider whether the decision should not be taken at all, in the interests of persons with protected characteristics, (iv) to consider whether steps should be taken to advance equality, foster good relations and generally promote the interests of persons with protected characteristics, either by varying the recommended decision or by taking some other decision.

Cabinet Members were reminded that they could also take into account other considerations, such as the desirability of providing fair strategies based on local priorities.

Cabinet AGREED:

1.         To approve the draft revised Allocations Scheme attached at Appendix A to the report as the Council’s new Allocations Scheme to be implemented with effect from Monday 1 April 2013 and with local lettings policy from 1 October 2012 in accordance with section 7.3 of the Allocations Scheme.

2.                  The draft Tenancy Strategy attached at Appendix B to the report, with publication before 14 January 2013 and to be implemented with effect from Monday 1 April 2013.

3.                  To delegate to the Cabinet Member for Housing authority to make any minor amendments to the revised Allocations Scheme and/or Tenancy Strategy, necessitated by any future guidance, further legal advice, national government or operational requirements, unless these would have a significant financial impact in which case a further report would be brought to Cabinet.

4.                  To delegate to the Cabinet Member for Housing authority to approve the necessary policies and procedures for reviewing the circumstances of individual households when their fixed term tenancy comes to an end.

5.                  To delegate to the Head of Housing and Public Protection authority to review the circumstances of every household on the Housing Register to enable a reassessment of their priority for housing prior to implementation of the new Allocations Scheme, and to take measures to protect those households on the Register who had bid for a property within the last three months prior to the implementation date and their bid had been in the top five by affording the Head of Housing and Public Protection the discretion to allow them to continue to bid for a period of three months after the date of the implementation of the new scheme.

6.                  That in advance of the full implementation of the revised Allocations Scheme on 1 April 2013, Cabinet approved from 1 October 2012 giving notification to households living outside of the borough, except serving and ex-service personnel and other exceptions as included under the revised Scheme of their removal from the Housing Register from 1 April 2013.

7.                  To delegate authority to the Lead Member for Housing to approve any local lettings policies under the new Allocations Scheme, in particular Dreywood Lodge, formerly known as Snowden Court.