Agenda and minutes

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

There were no substitutions made at the meeting.

RESOLVED:

That the notes of the last Panel meeting held on 19 March 2013 be agreed.

(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.

There were no declarations of interest made at the meeting.

(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. Also attached is a report requesting that the Panel’s Terms of Reference be amended to incorporate the functions of the recently disbanded Housing Repairs Advisory Group.

(a)        Terms of Reference

The Panel’s Terms of Reference were noted. In addition, the Panel was advised that their current Terms of Reference required amending to absorb the responsibilities of the disbanded Housing Repairs Advisory Group, it was requested that they should consider matters relating to the performance of the Council’s Repairs Management Contract and to make any recommendations to the Housing Portfolio Holder or Cabinet, as appropriate.

The report would be recommended for endorsement at the Overview and Scrutiny Committee.

RECOMMENDED:

That the Overview and Scrutiny Committee be asked to confirm an amendment to the Housing Scrutiny Standing Panel’s Terms of Reference that they absorb the responsibilities of the disbanded Housing Repairs Advisory Group.

(b)       Work Programme

The Panel’s Work Programme was noted. It was advised that two new items had been added regarding a review of parking enforcement on housing managed grassed areas and a review of the perceived difficulties with improving communal areas of flat blocks with leaseholders, following requests from two members agreed by the Overview and Scrutiny Committee.

(Director of Housing) To consider the attached report.

The Panel received a report from the Assistant Director of Housing (Operations), Housing Options Manager and Area Housing Manager (North) regarding the draft Conditions of Tenancy.

At its meeting on 15 April 2013, the Cabinet adopted the Council’s new Tenancy Policy. Under the Localism Act 2011 providers of social housing had the option of using Flexible Tenancies which in most cases must be for a minimum period of 5 years or between 2 and 5 years in exceptional circumstances. Flexible Tenants generally enjoyed the same rights as secure tenants, including the Right to Buy subject to the current qualifying criteria.

On expiry of the fixed term, the tenant would be assessed against an agreed Assessment Criteria to determine whether or not a further tenancy should be granted, either of the same or another Council property. If another tenancy was not offered, there was a requirement to provide the tenant with advice and assistance. It was noted that sheltered housing tenants must be provided with Secure Tenancies in accordance with the Act.

The Cabinet had previously agreed that the Council should introduce a Pilot Scheme for Flexible (fixed term) Tenancies, to be granted to all new tenants who signed up to the tenancy of a property of three bedrooms or more for a fixed term of 9 years. Flexible tenancies would include an additional introductory period of 12 months resulting in a 10 year fixed term.

The Panel had been asked by the Cabinet to review the success of the Pilot Scheme after 12 months of commencement and submit a report to the Cabinet on its review including to consider:

(a)        Whether to discontinue, continue or extend the scheme to include 2 bedroom properties; and

(b)        Whether in future to means test tenants as part of the Assessment Criteria at the end of the Flexible Tenancy period.

The Cabinet had also agreed the new Housing Allocations Scheme at the same meeting and agreed that the new Scheme would be implemented from 1 September 2013. It was therefore necessary for the Council to have a new Flexible Tenancy Agreement in place by 1 September 2013 as well.

Officers had undertaken a detailed review of the tenancy conditions relating to the Council’s current Standard Tenancy Agreement. As the new agreement would have a bearing on the work of officers across the Housing Directorate, the opportunity had been taken to use the exercise as a Staff Development Project. As part of their personal development, two officers involved had been selected to present the proposed changes to the tenancy agreement to the Panel.

In order for generally the same Conditions of Tenancies to be applied to both Flexible Tenants and Secure Tenants in the future, it was proposed that the Council formally varied the Standard Tenancy Agreement for all existing and future Secure Tenants in accordance with the requirements of Section 102 of the Housing Act 1985.

The proposed Conditions of Tenancy had been considered by an external Legal Advisor being a QC in  ...  view the full minutes text for item 5.

(Director of Housing) To consider the attached report.

The Panel received a report from the Director of Housing regarding a review of the Housing Service Standards and Performance 2012/13.

In 2007, following consultation with this Panel and the Tenants and Leaseholders Federation, the Housing Portfolio Holder agreed a range of Housing Service Standards, covering all of the Housing Directorate’s main areas of activity, and that the Service Standards should be reviewed annually.

It was also agreed that the Housing Directorate’s performance against the Housing Service Standards should be considered annually. All tenants were provided with a leaflet setting out all of the agreed Housing Service Standards, which was included as part of the Tenants Handbook given to new tenants.

The Director of Housing had reviewed the Housing Service Standards, having regard to performance in 2012/13, and changes in legislation and Council policy. As a result, a number of changes were proposed, including new Service Standards. The recommendations were made to the Portfolio Holder for approval.

RECOMMENDED:

(1)        That performance against the previously agreed Housing Service Standards in 2012/13 (where measured) be noted;

(2)        That, subject to the views of the Tenants and Leaseholders Federation, the proposed changes and additions to the Housing Service Standards be recommended to the Housing Portfolio Holder, and that the relevant leaflets be updated at an appropriate time; and

(3)        That the Housing Service Standards, and performance against the Service Standards in 2013/14 be reviewed again in July 2014.

(Director of Housing) To consider the attached report and appendix.

The Panel received a report from the Director of Housing regarding Quarterly Progress of the Welfare Reform Mitigation Action Plan.

The Panel was reminded that in view of the significant effect that the Government’s welfare reforms would have on the Council and residents, a Welfare Reform Mitigation Project Team was formed in September 2012, chaired by the Director of Housing and comprising officers from across the Housing Directorate and the Benefits Division. The team had considered and implemented ways that the effects of the welfare reforms could be minimised, or at least reduced.

The Project Team formulated a Welfare Reform Mitigation Action Plan, which was adopted by the Cabinet in October 2012. The Action Plan identified around 60 separate actions, with lead officers and target dates provided for each action.

In addition to progress with the Action Plan being monitored at officer level by the Project Team, the Cabinet had also asked the Scrutiny Panel to monitor progress with the delivery of the Action Plan at its quarterly meetings, which began in January 2013.

Progress to Date

The third Quarterly Progress Report had shown good progress in delivering the 59 actions of the Action Plan.

The budget for providing tenants with financial incentives to downsize to smaller accommodation had been doubled for 2013/14, from £22,000 p/a to £44,000 p/a. Officers would be recommending to the Housing Portfolio Holder that the incentive scheme for downsizing should be extended to tenants who downsized through a mutual exchange.

The Epping Forest Re-Use Project had been launched, which had leased a warehouse at Bowers Hill, Epping. The scheme provided used furniture to those in need, with reduced prices for those in receipt of benefits. The first quarterly payments had been made.

The CAB’s two new temporary Debt Advisor posts had now been filled and were operational from the three CAB offices and the Limes Centre, Chigwell, funded by a grant of £67,900 from the Council.

An appointment had been made to the additional post of Homeslessness Prevention Officer following the Cabinet’s decision to use part of the CLG’s funding for homelessness prevention to create the additional post. The new post holder had started on 6 June 2013.

The Finance and Technology Portfolio Holder had agreed the Council’s new Discretionary Housing Payments (DHP) Policy which included the use of DHPs for rental loans. Since April 2013 47 applications for DHPs had been considered, of which 26 applications had been accepted and 21 had been refused. The cost of the accepted claims to date amounted to £20,600 per annum, representing 10% of the Council’s DHP allocation of £206,000.

The Council’s Management Board had also identified that the effects of the welfare reforms on the Council and the community represented one of the Council’s 8 most significant risks.

RECOMMENDED:

That the latest Quarterly Progress Report on the Welfare Reform Mitigation Action Plan, as at 1 June 2013 be noted.

(Director of Housing) To consider the attached report.

The Panel received a report from the Assistant Director of Housing (Operations) regarding the ethnic monitoring of applicants registered on the Housing Register and housing allocations made to applicants.

The Council had a Policy Statement for Equal Opportunities in the Provision of Housing Services. The Statement included a requirement for an annual review of the ethnicity of applicants on the Housing register, compared with the ethnicity of those allocated accommodation.

The review was to identify whether or not there were any indications to suggest the Council may have been discriminating against any one ethnic group.

Although a large number of housing applicants did not disclose their ethnicity, it was evident from the analyses shown that the ethnic make up of the Housing Register mirrored the allocation of vacancies sufficiently for the Council to be confident that its Allocations Scheme did not racially discriminate either directly or indirectly.

The Panel agreed that for 2013/14, the response should be considered in October 2014 and in conjunction with a report on the Review of the Housing Allocations Scheme.

RECOMMENDED:

(1)        That no changes be recommended to the Housing Portfolio Holder regarding Ethnic Monitoring from the Council’s Housing Allocations Scheme as a result of the ethnic monitoring review; and

(2)        That the response for 2013/14 be considered in October 2014, in conjunction with a report on the Review of the Housing Allocations Scheme.

(Director of Housing) To consider the attached report.

The Panel received a report from the Director of Housing regarding Housing Key Performance Indicators (KPIs) 2012/13 Out-Turns and 2013/14 Targets.

The Council had adopted a number of Key Performance Indicators (KPIs) which, for 2012/13, included 9 KPIs relating to the Housing Service. Performance against all of the Council’s KPIs were monitored on a quarterly basis by the Finance and Performance Management Scrutiny Standing Panel.

Consideration of the Council’s end of year performance in relation to the Housing KPIs was included within the Panel’s Annual Work Programme. At its last meeting on 12 March 2013, the Finance and Performance Management Scrutiny Standing Panel considered and agreed the list of Council KPIs to be collected and monitored for 2013/14 together with associated targets which were also considered by the Panel.

RECOMMENDED:

That performance in relation to the Housing Key Performance Indicators (KPIs) in 2012/13, and the targets agreed by the Finance and Performance Management Scrutiny Standing Panel for Housing KPIs in 2013/14, be noted.

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

The Chairman would advise the Overview and Scrutiny Committee that the following reports had been given support:

(a)        Conditions of Tenancy;

(b)        Review of Housing Service Standards; and

(c)        Welfare Reform Mitigation Action Plan.

The next meeting of the Panel is scheduled for Tuesday 23 July 2013 at 5.30p.m. in Committee Room 1 and then on:

(1)        Tuesday 22 October at 5.30p.m.;

(2)        Wednesday 22 January 2014 at 5.30p.m.; and

(3)        Tuesday 25 March at 5.30p.m.

The next meeting of the Panel was scheduled for Tuesday 23 July 2013 at 5.30p.m. in Committee Room 1.