Agenda item

(Housing Portfolio Holder) To consider the attached report (C-069-2014/15).

The following representations from the public consultation are listed as background papers:

·         Essex County Council;

·         Loughton Town Council;

·         East Thames Housing Association;

·         Private Sector Housing Team, Epping Forest District Council;

·         North Weald Bassett Parish Council;

·         Hastoe Housing Association; and

·         Ongar Town Council.

(1)        That, as recommended by the Housing Scrutiny Panel in its report (C-069a-2014/15) and subject to the suggested changes at Appendices B and C of the Cabinet report (C-069-2014/15), the revised Housing Allocations Scheme be adopted;

(2)        That, following a consultation exercise, the comments of the Tenants and Leaseholders Federation, partner agencies, Parish and Town Councils and partner Registered Providers be noted, and the suggested resulting changes to the Housing Allocations Scheme as set out at Appendix B of the report be agreed;

(3)        That, subsequent to consideration by the Housing Scrutiny Panel, the following two amendments to the Housing Allocations Scheme following the advice received from the external legal advisor be agreed:

            (a)        the removal of paragraphs 18.13 to 18.15 from the Scheme; and

            (b)        additional criterion at Band C:

“(vii)     all home seekers to whom the Council does not owe a full homelessness              duty, where there is a requirement under the Housing Act 1996 as amended to afford reasonable preference on the ground of homelessness.”;

(4)        That the revised Housing Allocations Scheme be implemented on 1 July 2015; and

(5)        That the Housing Allocations Scheme be reviewed again after two years of operation with the reviewed Scheme implemented on 1 April 2018.

The Chairman of the Housing Scrutiny Panel presented the Panel’s report on the review of the Housing Allocations Scheme.

The Chairman reminded the Cabinet that the current Scheme had come into force on 1 September 2013. As the previous review was the most comprehensive ever undertaken, the Cabinet had requested the Housing Scrutiny Panel to review the Scheme again following its first twelve months of operation. Under Government Guidance, authorities were given powers to decide locally how accommodation should be allocated based upon local priorities. The Panel therefore noted that authorities were empowered to allocate their accommodation in any way they saw fit, provided the resulting Scheme was both legal and rational. 

The Chairman reported that the Scrutiny Panel had considered a report on the proposed revised Housing Allocations Scheme at its meeting held on 21 October 2014, which had been drafted by Officers following discussions by the Housing Portfolio Holder with his Cabinet colleagues. The main revisions to the Scheme were: increasing the residency criteria for Council accommodation from 3 to 5 years, except for existing social housing tenants moving into the District to be nearer their work, or take up a job apprenticeship or full-time training leading to employment; applicants with an income or assets exceeding £76,000 per annum to be ineligible for social housing; increasing the incentives for Council tenants moving to a smaller property to £1,000 for each bedroom released; applicants who refused two offers of suitable accommodation to have their application deferred for twelve months; and existing under occupying Council tenants who refused three offers of suitable accommodation to have their application deferred for twelve months. There were also some minor changes to the current scheme suggested by Officers which the Panel agreed.

The Chairman stated that the Panel was aware a consultation exercise would be undertaken on the draft Scheme; and furthermore, the draft revised Scheme would also be referred to an external Legal Advisor being a Queen’s Counsel specialising in housing law for consideration.  However, subject to any further changes, the Chairman commended the revised Housing Allocations Scheme to the Cabinet for adoption.

The Housing Portfolio Holder added that a consultation exercise had been undertaken on the revised Housing Allocations Scheme, as proposed by the Scrutiny Panel, with the Tenants & Leaseholders Federation, partner agencies, Town and Parish Councils, and the Council’s Registered Provider partners. Appendix B to the covering Cabinet report had detailed the comments received, as well as the responses of Officers. In addition, the Council had received advice from its external Legal Advisor which had suggested two further changes to the revised scheme. It was proposed to implement the revised Housing Allocations Scheme on 1 July 2015, and review it again after two years of operation with a further revised Scheme to be implemented on 1 April 2018.

In response to questions from the Members present, the Director of Communities admitted that it was not known exactly how many applicants currently on the Council’s Housing Waiting List would be affected by the proposed increase in the residency rule from three years to five years. The average length of time on the Housing Waiting List for applicants was also difficult to calculate due to a number of factors.

A local Member for Chipping Ongar, Greensted & Marden Ash highlighted the comment from Ongar Town Council that applying the revised Residency criteria to applicants already on the Council’s Waiting List was unfair. The Portfolio Holder responded that the public perception was applicants from outside the District were given priority and housed before residents of the District who had been waiting for a number of years on the Council’s Waiting List. The revised Policy would be popular with residents as it would give them priority for Council housing within the District. The Portfolio Holder added that the comments of Ongar/Town Council were welcomed, and Members had the opportunity to call-in the revised Scheme if they so wished. The Chairman of the Housing Scrutiny Panel opined that it was not unreasonable for people to have to live in the District for five years before they were eligible for Council housing. The local Member for Chipping Ongar, Greensted & Marden Ash reiterated that he was not opposing the revised Residency rule of five years, but its application retrospectively to applicants already on the Council’s Housing Waiting List.

The Housing Portfolio Holder confirmed that the revised Housing Allocations Scheme would be published on the Council’s website following its implementation.

Decision:

(1)        That, as recommended by the Housing Scrutiny Panel in its report (C-069a-2014/15) and subject to the suggested changes at Appendices B and C of the Cabinet report (C-069-2014/15), the revised Housing Allocations Scheme be adopted;

(2)        That, following a consultation exercise, the comments of the Tenants and Leaseholders Federation, partner agencies, Parish and Town Councils and partner Registered Providers be noted, and the suggested resulting changes to the Housing Allocations Scheme as set out at Appendix B of the report be agreed;

(3)        That, subsequent to consideration by the Housing Scrutiny Panel, the following two amendments to the Housing Allocations Scheme following the advice received from the external legal advisor be agreed:

            (a)        the removal of paragraphs 18.13 to 18.15 from the Scheme; and

            (b)        additional criterion at Band C:

“(vii)     all home seekers to whom the Council does not owe a full homelessness              duty, where there is a requirement under the Housing Act 1996 as amended to afford reasonable preference on the ground of homelessness.”;

(4)        That the revised Housing Allocations Scheme be implemented on 1 July 2015; and

(5)        That the Housing Allocations Scheme be reviewed again after two years of operation with the reviewed Scheme implemented on 1 April 2018.

Reasons for Decision:

To adopt the revised Housing Allocations Scheme as proposed by the Housing Scrutiny Panel, subject to the addition of changes from the consultation exercise and advice from the Council’s external legal advisor.

Other Options Considered and Rejected:

To not agree the revised Housing Allocations Scheme, as recommended by the Housing Scrutiny Panel, or to adopt a different approach to the review of the Policy.