Isle of Anglesey County Council
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ISLE OF ANGLESEY COUNTY COUNCIL Report to: Executive Committee Date: 25 April 2016 Subject: Social housing allocation scheme Portfolio Holder(s): Councillor Aled Morris Jones Head of Service: Shan Lloyd Williams Report Author: Mark Prichard Tel: 01248 752286 E-mail: [email protected] Local Members: A –Recommendation/s and reason/s Recommendations That the Executive: R1. Notes the outcome of the public consultation completed in March 2016 and the anticipated agreement of the Council’s Registered Social Landlord partners to the proposed Common Housing Allocation Scheme (CHAS). R2. Approves the proposed Common Housing Allocation Policy (CHAP), subject to adoption by the Council’s Registered Social Landlord (RSL) partners. R3. Delegates authority to the Head of Housing Services to approve procedural guidance for staff governing housing allocation, and to approve implementation of the CHAS in the second quarter of 2016-17. R4. Notes the use made by the Housing Options Team of the intentional homelessness sanction since 1 July 2015 when administering applications for help on grounds of homelessness under Part 2, Chapter 2 of the Housing (Wales) Act 2014, and the policy reasons for continuing to have regard to whether homeless applicants became homeless intentionally. R5. Approves the continuing use by the Council of the intentional homelessness sanction when administering homeless applications. Introduction The Council, in partnership with its RSL partners, have reviewed the rules governing access to the Housing Register waiting list for social housing, and the rules by which individuals are prioritised for an allocation of social housing. The proposed scheme seeks to achieve key strategic objectives (see Appendix A) previously considered by the Executive on 30 November 2015. A very short summary of the proposed scheme is on the website as a Report to Executive Committee – Social Housing Allocation Scheme – 25 April 2016 Page 1 of 6 background paper. On 30 November 2015 the Committee approved a public consultation. A draft Common Housing Allocation Policy (CHAP) was published and views sought on moving from the current points-based system to a simpler banding scheme. A wide range of organisations were consulted (see Appendix 1 within Appendix B). Responses to the consultation 452 responses were received; equivalent to 8 per cent of persons sent the consultation materials in writing and specifically invited to respond. Appendix B summarises the responses to the consultation. The responses demonstrate widespread public support for the proposed changes. 64% of respondents support the introduction of a banding scheme with only 24% preferring a points- based system. This level of support is significant, particularly since many respondents will have no experience of a banding scheme. 65% agreed that only those in housing need should be allowed onto the housing register (25% disagreed). 81% agreed that people who have previously lived or worked on Anglesey for five years should be given more priority for social housing. All of the specific proposals outlined in the consultation questionnaire were supported by a majority of respondents, with eight of the 10 consultation questions concerning policy changes being supported by over 75%. Changes made to the Common Housing Allocation Policy (CHAP) Some changes have been made to the policy (see Appendix C) from the version consulted on and previously considered by the Executive. Additional housing need categories Most significantly, following consultation with our RSL partners, additional housing need categories have been incorporated, to ensure: (a) The needs of additional groups are incorporated (see bullet points below). (b) Lettings facilitate balanced and sustainable communities. (c) There are sufficient numbers of registered applicants for the number of annual lettings, so as to avoid ‘difficult to let’ properties. The additional housing need categories are: Band 1 (see para 9.7 of the policy) . Under-occupying social housing tenants (category 14) . Persons aged 35 or over sharing accommodation (category 15) Band 3 (see para 9.10 of the policy) . Persons renting privately on Anglesey without long term security of tenure (category 28) . Displaced agricultural workers (category 29) . Persons aged 55 or over wanting older persons’ housing (category 30) Local connection definition In addition, the primary definition of a local connection – which requires five years’ previous Report to Executive Committee – Social Housing Allocation Scheme – 25 April 2016 Page 2 of 6 residence or employment – has been amended so that the residence or employment need not have occurred in the ten years prior to the date of application for housing (see Appendix C, section 9.5). It is recognised that many persons who are ‘born and bred’ on Anglesey or have previously lived or worked on the island for significant periods would not qualify as having a local connection under the previous ‘five years out of the previous 10 years’ definition. Clearly many longstanding Anglesey residents leave the island, for example to obtain employment, only to return later. In addition, the Orchard Housing ICT software is incapable of accommodating the previous definition. Consequently, retaining the previous definition would delay implementation and require an external/manual review of applications. This is highly undesirable, given that one of the key aims of the new scheme is to simplify the processing of applications, achieve efficiencies, and minimise processes that are external to the Orchard Housing software. Implementation timescale The RSL boards are considering whether to adopt the common policy. Clwyd Alyn’s board is the last to consider the CHAP, on 20 July 2016. Housing Services and the Housing Allocation Operational Working Group (OWG) are undertaking further preparatory work to enable implementation. This includes a comprehensive review of all housing applications, and formulating procedural guidance for officers administering the scheme (see Appendix C, section 1.5). It is envisaged this preparatory work will be completed by late June 2016. It is proposed the Head of Housing exercises her delegated powers to approve the procedural guidance for officers, and to approve an implementation date for the CHAS. This will enable the scheme to be launched as soon as possible, following the anticipated approval by the Council’s RSL partners. The new scheme is due to launch on Monday 1 August 2016, following Clwyd Alyn’s board meeting on 20 July 2016. Intentional homelessness On 26 May 2015 the Executive Committee approved the use of the statutory power under section 78 of the Housing (Wales) Act 2014 to consider whether homeless persons have become homeless intentionally, when deciding whether the ‘full’ homelessness duty is owed by the Council to secure ongoing temporary accommodation to applicants (under section 75 of the 2014 Act). Broadly speaking a person’s homelessness is intentional if it resulted because of their own deliberate actions, e.g. not paying rent, failing to ensure housing benefit was claimed, or vacating suitable accommodation without first arranging alternative housing. On 26 May 2015 the Executive agreed the Housing Options Team should have regard to intentionality for all priority need groups. The Executive also decided to review the matter in 12 months. It is now appropriate to report back to the Executive, given that findings of intentional homelessness will affect the status of Housing Register applicants, if the recommended Report to Executive Committee – Social Housing Allocation Scheme – 25 April 2016 Page 3 of 6 CHAP is approved. Intentionality: initial impact The Council has utilised the power to have regard to whether applicants became homeless intentionally since 1 July 2015. In the subsequent two quarters there were 194 homeless applications. Only 1 application during this period became subject to the ‘full’ section 75 duty to secure ongoing temporary accommodation (because they were in priority need and their homelessness was not relieved within 56 days of them becoming homeless). No intentional homeless decisions were made. The numbers likely to be affected by the intentional homelessness sanction under the new legislative regime are inevitably small. This is because all homeless persons are owed an assistance duty under the new legislation (HWA, s.73), which usually lasts 56 days. Homeless applicants who are likely to be found to be intentionally homeless will be advised of this fact, and helped to find accommodation, usually in the private sector, during the 56- day period. While the numbers affected are small it is suggested the policy reasons for having regard to intentionality adopted on 15 May 2015 (see background papers) remain relevant. Implication for Housing Register applicants The proposed CHAP uses intentional homelessness to sanction persons applying for social housing tenancies, with the effect that applicants needing housing are demoted to Band 3 (the lowest priority). The sanction will apply if the applicant falls into one of the housing need (banding) categories but: . there is reason to believe he or she may have become homeless or threatened with homelessness intentionally; or . a decision has been made on their homeless application that they became homeless intentionally (see para 9.8 of the draft CHAP at Appendix C). Recommendation (R5) . It is proposed the Council continues to have regard to whether homeless persons became homeless intentionally for all