Agenda and minutes

1.         This meeting is to be webcast. Members are reminded of the need to activate their microphones before speaking.

2.         The Chairman will read the following announcement:

“Due to public interest the first item of this meeting will be webcast for subsequent uploading to the Internet for later viewing. Copies of recordings may be made available on request.

By entering the chamber’s lower seating area you consenting to becoming part of the webcast.

If you wish to avoid being filmed you should move to the public gallery or speak to the webcasting officer.”

The Chairman advised that due to Item 7 of the agenda, Park Homes Licences – Progress Report and Consideration of Further Issues, being deferred to a later date, there would be no webcast recording of the meeting.

It was noted that Mr S Hyde, the Co-Opted Member of the Panel representing the Tenants and Leaseholders Federation had sent his apologies.

(Assistant to the Chief Executive)  To report the appointment of any substitute members for the meeting.

It was noted that Councillor Mrs J Lea was substituting for Councillor Mrs A Mitchell, and Mrs M Carter was substituting for Mr S Hyde of the Tenants and Leaseholders Federation.

(Assistant to the Chief Executive). To declare interests in any items on the agenda.

In considering whether to declare a personal or a prejudicial interest under the Code of Conduct, Overview & Scrutiny members are asked pay particular attention to paragraph 11 of the Code in addition to the more familiar requirements.

This requires the declaration of a personal and prejudicial interest in any matter before an OS Committee which relates to a decision of or action by another Committee or Sub Committee of the Council, a Joint Committee or Joint Sub Committee in which the Council is involved and of which the Councillor is also a member.

Paragraph 11 does not refer to Cabinet decisions or attendance at an OS meeting purely for the purpose of answering questions or providing information on such a matter.

Pursuant to the Council’s Code of Conduct, Councillor D Stallan declared a personal interest in the following item of the agenda by virtue of having been the Housing Portfolio Holder when this issue had been discussed in January 2011. The Councillor had determined that his interest was prejudicial and would leave the meeting for the duration of the discussion on the item and voting thereon. In addition he apologised to the Panel for not having made this declaration at the Panel meeting on 25 October when this issue was discussed there. The item is as follows:

• Item 9 Fire Safety in Flat Blocks

To agree the notes of the Panel meetings held on 25 October and 28 November 2011 (attached).

RESOLVED:

That the notes of the last two meetings of the Panel held on 25 October and 28 November 2011 be agreed.

(Chairman/Lead Officer) The Overview and Scrutiny Committee has agreed the Terms of Reference of this Panel and associated Work Programme. This is attached. The Panel are asked at each meeting to review both documents.

(a)        Terms of Reference

The Panel’s Terms of Reference were noted.

(b)       Work Programme

The Panel was advised that there would be an extra meeting of the Panel on Monday 5 March 2012. The following was advised:

(i)         Item 25 Annual Review of the Housing Allocations Scheme

The item was originally scheduled for the October 2012 Panel meeting. However it was advised that it was possible for this item to be brought forward and possibly discussed in July 2012. The Director of Housing confirmed that there would be consultation with housing applicants and housing tenants following consideration by the Panel and prior to final decision by the Cabinet.

(ii)        Item 32 Homelessness Strategy – Revision and Update

This would be reviewed in March 2012.

(Director of Housing) Both the park home site owners and the park home residents associations have been invited to nominate one representative from each interest group (site owners and residents associations) to attend the meeting, to orally summarise the views of their interest group on the issues in the report. However, they will not take part in any subsequent debate. Report attached.

It was advised that this item had been deferred to a future meeting of the Panel with the Chairman’s permission as officers were awaiting documentation from Essex Fire and Rescue.

(Director of Housing) To receive a presentation and consider the attached report.

The Panel received a report from the Assistant Director of Housing (Operations) regarding the evaluation of the Social Housing Fraud Pilot Scheme. In attendance at the meeting was the Housing Officer (Social Housing Fraud) Mr D Eyles.

In May 2010 the Cabinet agreed that a new part time post of Housing Officer (Social Housing Fraud) should be appointed on a temporary part time basis (22.5 hours per week) for a Social Housing Fraud Pilot Scheme for a 12 month period. The Council appointed a candidate to the post in May 2011. The Cabinet had asked that after 10 months of the commencement of the project, a formal evaluation should be undertaken and report submitted detailing the findings and future action proposed.

Since the part time Housing Officer (Social Housing Fraud) took up his post in May 2011, 37 cases of potential social housing fraud have either been, or continued to be, investigated.

The following results had been achieved, including the potential recovery of 6 properties:

(a)               Two fraudulent Right to Buy applications had been prevented, avoiding the Council giving discounts of around £68,000;

(b)               One property was found to be sub-let and had been re-possessed and let to an applicant from the Council’s Housing Register;

(c)               One property was not allocated to a housing applicant as they were found to be providing false information on a housing application form;

(d)               One case was being investigated by Housing Benefit Fraud Investigators, which may result in the recovery of overpaid housing benefit;

(e)               Two further cases were close to being resolved which were expected to result in two properties being received due to non-occupation or sub-letting and re-let to legitimate Housing Register applicants.

In view of the success of the Social Housing Fraud Pilot Scheme, it was proposed that the scheme should be made permanent, and that the existing part time post of Housing Officer (Social Housing Fraud) be made both permanent and full time, with an increase in hours from 22.5 hours to 36 hours per week. The cost of these additional 13.5 hours per week would only be £8,200 per annum, and would be funded from the HRA.

The £68,000 alone that the post had saved the Council within the past 8 months by identifying and investigating the two Right to Buy frauds, amounts to more than treble the annual cost of employing one full time Fraud Officer.

The Panel also considered the possibility of a Senior Housing Officer (Social Housing Fraud) post being appointed, and the benefits this could bring.

The Panel thanked Mr D Eyles for his attendance and presentation at the meeting.

RECOMMENDED:

That the following be recommended to the Cabinet:

(1)        That the Cabinet notes the outcome of the formal evaluation of the Social Housing Fraud Pilot Scheme undertaken by Housing Scrutiny Standing Panel;

(2)        That the existing part time post of Housing Officer (Social Housing Fraud) be made with immediate effect, both permanent and full time, with the increase of 13.5 hours per week  ...  view the full minutes text for item 41.

(Director of Housing) To consider the attached report.

Officer Report – Page 53

(a)        CLG Letter to Councillor D Stallan (then Housing Portfolio Holder) – page 63

(b)        Essex County Fire & Rescue Service Letter to Councillor J Knapman – page 65

(c)        Essex County Fire and Rescue Service Letter to P Ledger – page 67

The Panel received a report from the Assistant Director of Housing (Property) regarding Fire Safety in Flat Blocks.

In January 2010, following consultation with the Housing Scrutiny Panel, the then Housing Portfolio Holder agreed a policy on fire safety in flat blocks. The policy stated that personal belongings, fitted or loose lay carpets, mats and any other items stored in common parts of flats be prohibited and removed, with the exception of the following concessions agreed with the Working Fire Safety Officer of the Essex Fire and Rescue Service:

(1)        Pictures hung on the wall, provided that they did not contain glass in the frame;

(2)        Mats placed outside front doors, provided that these were rubber backed (non slip) and have a chamfered edge all around;

(3)        Curtains at windows that were flame retardant; and

(4)        Non-flammable items which were aesthetically pleasing stored in recesses away from any means of escape routes, and not on window cills.

Letters were sent to all tenants and leaseholders in the blocks advising them of these concessions. Following the introduction of that policy, a small number of residents requested further review as they felt the policy was too risk averse and prevented them from making their flat blocks feel more homely.

In January 2011, the then Housing Portfolio Holder temporarily suspended the policy relating only to carpets in the common parts until such time as a further feasibility study was carried out.

The former Housing Portfolio Holder sent a letter to the Housing Minister in March 2011 expressing the concerns of members about the lack of clarity and guidance available to local authorities when assessing fire safety in flat blocks following the regulatory reform (Fire Safety) Order. A response was received from the Parliamentary Under Secretary of State in July 2011. The response made reference to the Local Government Improvement and Development (LIGD) part of the Local Government Group being given grant funding to develop and own practical and proportionate fire safety guidance specifically for residential buildings.

Fire Safety Guidance

The Local Government Group’s fire safety guidance advised that:

(a)   Very few deaths occurred from fires in a neighbour’s flat or the common part;

(b)   This was due to fire separation walls;

(c)   Common parts should therefore be free of all sources of ignition and material that could help spread flames;

(d)   Nearly all deaths occurred in flat in which the fire started; and

(e)   It was strongly discouraged that smoke detectors should be installed in common parts as this led to false alarms, chaotic evacuation and possible complacency from residents.

Additional guidance had also been sought from Due Diligence, a specialist company employed by the Council to undertake fire risk assessments. They advised that along with allowing carpets to be fitted, there should be a clear policy involving regular monitoring. Their advice went onto say that there should be a clear policy which would stipulate that these were professionally fitted using non-flammable adhesives and inspected on a regular basis for wear and tear.  ...  view the full minutes text for item 42.

(Director of Housing) To consider the attached report.

The Panel received a report from the Director of Housing regarding the Council’s proposed response to CLG Consultation Paper on “Reinvigorating the Right to Buy and one for one replacement.”

In late December 2011, the Department for Communities and Local Government issued a consultation paper on “Reinvigorating the Right to Buy and one for one replacement.” The closing date for responses was 2 February 2012.

A proposed response by the Council to the consultation paper was attached to the report. It was suggested that rather than attempting to provide a response to each question raised in the consultation paper, the response only comments on these aspects of the consultation paper which it was felt warranted comment from the Council.

Consultation - Proposals for Caps, Discount Rates and Eligibility

The Government proposed to raise the upper limit on the Right to Buy discount entitlement to £50,000 throughout England. This more than tripled the cap currently applied in most of London and provided a substantial increase in the rest of England. However, for the East of England, it only amounted to an increase of £16,000 from the current maximum of £34,000. The Government was interested in views on whether there was a case for charging the minimum and maximum discount rates applied to houses and flats, or the rate at which tenants qualified for increased percentage discounts.

Consultation Question 1 – we would welcome views on the proposals outlined above.

Response:

(1)        The resultant effect and level of tenant interest would vary in different parts of the country;

(2)        The maximum RTB discount in the District’s region was £34,000, the Government’s proposals would therefore result in the maximum discount, for this region, as increased by 47%. In London where maximum RTB was £16,000, the maximum discount was increased by 210%. Therefore it was likely that the take up by tenants in London would be greater than in similarly high priced areas like Epping Forest;

(3)        The Council felt that the current discount rates were very generous and should not be changed to further reinvigorate Right to Buy;

(4)        The Council welcomed the Government’s intention not to change the qualifying period for eligibility.

The Right to Acquire

Paragraph 37 of the Consultation Paper pointed out that, as assured tenants, some housing association tenants benefitted from the Right to Acquire.

The suggested response explained that many housing association tenants were eligible for the Right to Acquire, but did not necessarily exercise this right, due to the financial benefits being less than even the current Right to Buy Scheme.

The proposed response stated that since many housing applicants on council housing registers were now nominated to housing associations for accommodation, it was now inequitable to have a different purchase scheme for housing association tenants and council tenants. It was the Council’s view that arrangements and discounts for sitting tenants to purchase either their council property or their housing association property should be the same. Therefore the Council believed that the proposals within the  ...  view the full minutes text for item 43.

The Housing Scrutiny Panel are asked to note that there will be a Member Information evening on the Localism Act on Tuesday 28 February 2012 at 7pm in the Council Chamber.  In addition, the Council’s Benefit’s Manager will be giving a briefing to Members on the current position regarding the proposed Welfare Reforms.

This is a very important event as it is an opportunity to update Members on a number of discretionary powers being given to Local Authorities and Housing Providers under the Localism Act which means that more decisions about the provision and management of housing can be taken locally. These include:

·         Ability to offer new tenants fixed term Flexible Tenancies

·         Changes to succession rules for all new tenants and the possibility of granting additional rights above the level set out on the Act

·         Having an eligibility criteria for homeseekers joining the Housing Register

·         Having the ability to discharge the homelessness duty in the private rented sector without the agreement of the applicant

At future meetings, the Panel will be considering a number of related issues including:

1. The Council’s response to the Government’s Draft Statutory Guidance on the Allocation of Accommodation and Armed Forces Regulations;

2. Recommending to the Cabinet subsequent changes under the Review of the Housing Allocations Scheme; and

3. Considering a report on the Council’s new Tenancy Policy making recommendations to the Cabinet on potential tenure reforms.  

It is considered to be essential that all Members attend this event as it will assist them throughout the process.

The Housing Scrutiny Standing Panel noted that there would be a Member Information Evening on the Localism Act on Tuesday 28 February 2012 at 7p.m. in the Council Chamber. In addition, the Council’s Benefit’s Manager would be giving a briefing to Members on the current position regarding the proposed welfare reforms. This was an opportunity to update members on a number of discretionary powers being given to local authorities and housing providers under the Localism Act.

It was advised that it was essential for all Members to attend this event as it would assist them throughout the process.

To consider which reports are ready to be submitted to the Overview and Scrutiny Committee at its next meeting.

There were no reports being submitted to the forthcoming Overview and Scrutiny Committee.

The Panel agreed to an extra-ordinary meeting scheduled for 5 March 2012 at 5.30p.m. in Committee Room 1. The following meeting will be on Tuesday 13 March at 5.30p.m., also in Committee Room 1.

There were two meetings programmed for the Panel, they were as follows:

Monday 5 March 2012 at 5.30p.m. in Committee Room 1; and

Tuesday 13 March 2012 at 5.30p.m. in Committee Room 1.