Rutland County Council telephone: 01572 722 577 Catmose fax: 01572 758 307 Oakham email: [email protected] Rutland web: www.rutland.gov.uk LE15 6HP 15 March 2021 330/21 - FREEDOM OF INFORMATION REQUEST Dear Sir/Madam Your request for information has now been considered and the information requested is provided below. Request: Freedom of Information Request: policy and practice documents concerning housing affordability assessments. We write to request certain information from your authority’s housing department, under the Freedom of Information Act 2000 (the Act). We would like to request copies of all your authority’s documents currently in use relating to how housing officers assess whether a household’s last settled accommodation was affordable for them, when they present in need of housing advice and assistance. The Request 1. Please can you send us copies of all documents currently used by your housing officers to conduct these housing affordability assessments (such as guidance notes, briefings, training sessions and template forms). If any of these documents are already in the public domain, please can you send a link to where we can retrieve these exact documents? These documents could include (but not be limited to): (a) Guidance for housing officers on how to carry out affordability assessments; (b) Training materials on how to assess affordability; (c) Template income and expenditure forms; (d) Details of what costs are regarded as essential living needs; and (e) Costs of essential living needs, for different family types, used in affordability assessments. 2. If not included in the above documents, please can you send us the following information: (a) A list of items that are regarded as essential living needs, for the purpose of assessing affordability; and (b) A list of costs of essential living needs, for different family types, that are used for the purpose of assessing affordability. Response: Rutland County Council’s Housing Options Team signpost our clients to Citizens Advice for affordability assessments. We do not do them in the team. You are free to use any documents supplied for your own use, including for non- commercial research purposes. The documents may also be used for news reporting. However, any other type of re-use, for example by publishing the documents or issuing copies to the public will require the permission of the copyright owner, where copyright exists. Such a request would be considered separately in accordance with the relevant Re-use of Public Sector Information Regulations 2005 and is not automatic. Therefore, no permission is implied in the re-use of this information, until such a request to re-use it has been made and agreed, subject to any appropriate conditions. Any request to re-use the information should be made to me at the address below. If you are dissatisfied with the handling of your request please contact the Data Protection Officer, Rutland County Council, Catmose, Oakham, Rutland LE15 6HP You can also complain to the Information Commissioner at: The Information Commissioner's Office Wycliffe House, Water lane Wilmslow, Cheshire SK9 5AF Tel: 01625 545700 Yours faithfully FOI Administrator Business Support Team Rutland County Council By email to the Local Authorities listed in the Annex London Freshfields Bruckhaus Deringer LLP 100 Bishopsgate London EC2P 2SR T +44 20 7936 4000 (Switchboard) F +44 20 7785 2251 (Direct) LDE No 23 www.freshfields.com Doc ID LON60476067/2 Our Ref 140651-0022 11 March 2021 Dear Sir / Madam Freedom of Information Request: policy and practice documents concerning housing affordability assessments We act for Shelter, National Campaign for Homeless People Limited (registered charity number 263710 (England and Wales) and SC002327 (Scotland)) (Shelter), in relation to its training, policy and research activities, as well as targeted litigation related to homelessness. We write to request certain information from your authority’s housing department, under the Freedom of Information Act 2000 (the Act). We would like to request copies of all your authority’s documents currently in use relating to how housing officers assess whether a household’s last settled accommodation was affordable for them, when they present in need of housing advice and assistance. We believe that the information requested does not fall under any of the exemptions set out in the Act. We therefore hope that the information can be provided within the 20 working days stipulated in the Act, i.e. by no later than close of business on Monday, 12 April 2021. We would be grateful if you could send the information sooner than this, if possible. The Request 1. Please can you send us copies of all documents currently used by your housing officers to conduct these housing affordability assessments (such as guidance notes, briefings, training sessions and template forms). If any of these documents are already in the public domain, please can you send a link to where we can retrieve these exact documents? These documents could include (but not be limited to): (a) Guidance for housing officers on how to carry out affordability assessments; Freshfields Bruckhaus Deringer LLP is a limited liability partnership registered in England and Wales with registered number OC334789. It is authorised and regulated by the Solicitors Regulation Authority (SRA no. 484861). For further regulatory information please refer to www.freshfields.com/support/legal- notice. A list of the members (and of the non-members who are designated as ‘partners’) of Freshfields Bruckhaus Deringer LLP is available for inspection at its registered office, 100 Bishopsgate, London EC2P 2SR. Any reference to a ‘partner’ means a member, or a consultant or employee with equivalent standing and qualifications, of Freshfields Bruckhaus Deringer LLP or any associated firms or entities. 210 (b) Training materials on how to assess affordability; (c) Template income and expenditure forms; (d) Details of what costs are regarded as essential living needs; and (e) Costs of essential living needs, for different family types, used in affordability assessments. 2. If not included in the above documents, please can you send us the following information: (a) A list of items that are regarded as essential living needs, for the purpose of assessing affordability; and (b) A list of costs of essential living needs, for different family types, that are used for the purpose of assessing affordability. Please share your authority’s information excluding any information which could be considered personal information under the Data Protection Act 2018. This information will be used for Shelter’s research and work around homelessness during COVID-19. The research will help us and Shelter to understand the different ways that local authorities are responding to the current situation and to help influence national policy. Exemptions As set out above, we consider that the information requested does not fall under any of the exemptions set out in the Act. However, we understand that the one exemption that might be considered by you to apply to this request in whole or in part is that described in section 12(1) – 12(4) of the Act, which state that “the authority estimates that the cost of complying with the request would exceed the appropriate limit”. Without prejudice to our client’s position on this issue, if the authority does refuse the request by relying on section 12 of the Act, we respectfully ask that it comply with the Information Commissioner’s advice and confirm whether or not this information is held by the authority. Should you have any concerns about this request, we respectfully ask that you consider your duty “to provide advice and assistance” under section 16 of the Act. We also note that the Information Commissioner’s advice states that “a public authority should consider in these circumstances how it can provide advice and assistance to help an applicant narrow, reform or refocus their request”. About us and Shelter As you may be aware, Shelter is a charity that provides legal and practice advice, support and services to millions of people every year struggling with poor housing or homelessness. Shelter’s work also involves training, policy and research activities in relation to homelessness and poor housing. Freshfields Bruckhaus Deringer LLP is an international law firm. Our London office supports Shelter in its work in relation to homeless or inadequately housed people and their families. LON60476067 /2 140651-0022 310 Responses We and Shelter are grateful for your support in responding to this request. Please send your response by email to: [email protected]. Yours faithfully Freshfields Bruckhaus Deringer LLP LON60476067 /2 140651-0022 410 Annex Adur District Council Allerdale Borough Council Amber Valley Borough Council Arun District Council Ashfield District Council Ashford Borough Council Babergh District Council Barking & Dagenham, London Borough of Barnet, London Borough of Barnsley Borough Council Barrow-in-Furness Borough Council Basildon District Council Basingstoke & Deane Borough Council Bassetlaw District Council Bath & North East Somerset Council Bedford Borough Council Bexley, London Borough of Birmingham City Council Blaby District Council Blackburn with Darwen Borough Council Blackpool Council Bolsover District Council Bolton Metropolitan Borough Council Boston Borough Council Bournemouth, Christchurch and Poole Bracknell Forest Council Bradford Metropolitan Council Braintree