PAPER B

 

For Decision

 

            REORT TO THE EXECUTIVE

 

Date:               12 FEBRUARY 2003

 

Title:                PART 6 OF THE HOMELESSNESS ACT 2002 AND THE COMMON HOUSING REGISTER

 

REPORT OF THE PORTFOLIO HOLDER FOR SOCIAL SERVICES AND HOUSING

 

 

 

SUMMARY/PURPOSE

 

1.                  This paper is to inform members of new provisions enacted within the Homelessness Act 2002 that amends the duties placed on local authorities to maintain a statutory housing register.

 

2.                  It also updates members on the progress made in developing the Common Housing Register in partnership with the four main housing associations operating on the Island.

 

BACKGROUND

 

3.                  Members received a report in November that detailed changes to the homeless legislation introduced as a result of the Homelessness Act 2002. 

 

4.                  Section 14 of the Act introduces changes to the framework for determining allocations and comes into force from January 31st 2003.  The main effect of this section is to repeal the obligation on local authorities to maintain a traditional waiting list.  This is designed to facilitate the introduction of flexible, choice-based lettings schemes to be developed which

 

STRATEGIC CONTEXT

 

5.         In 2001 it was agreed to develop a Common Housing Register.  A project implementation team was convened which included representation from the four main Island-based housing associations and the Council.  A project manager was appointed.

 

6.         Following a competitive exercise Scout Solutions was commissioned to develop a software package that enabled the CHR to be implemented.  The target date from which the CHR is due to operate is 31st March 2003.

 

7.         The objectives for the CHR are:

 

·        A common and centralised method of identifying need on the Island;

·        Improved communication between the Registered Social Landlords and the Council


·        A more coherent approach to dealing with homelessness on the Island

 

8.         The implementation of the CHR will be delivered through the terms of a Service Level Agreement (SLA), the core details of which are contained in a series of appendices to this report.

 

9.         The nature of the SLA is to establish a series of contractual obligations and protocols which are binding on each member of the CHR to ensure that consistency is achieved and that allocations can effectively reflect housing need on the Island.  Performance of all parties to the agreement will be monitored regularly to ensure that the CHR is delivering its objectives.

 

10.       The CHR will be centrally co-ordinated by the Council with housing associations inputting details of all void properties and their tenants wishing to be considered for housing.

 

11.       The housing associations will contribute 80% of their void relets to be allocated through the CHR.  This will leave the remaining 20% of vacancies to be allocated according to individual association’s own priorities. 

 

12.       Under normal circumstances, allocations will be made strictly with reference to points levels.  Homelessness clearly remains the major priority in meeting the Government’s bed and breakfast target. However, some flexibility is built into the system to reflect specific factors relating to either applicants and/or property.  Thus, the creation of stable and sustainable communities is also facilitated.

 

CONSULTATION

 

13.       Currently, consultation has been largely confined to the housing associations signing up to the Service Level Agreement.  At this advanced stage of the process any major changes would prove costly in terms of delays and further development work.  Information on the content and nature of the new CHR will, however be widely disseminated.

 

FINANCIAL IMPLICATIONS

 

14.       £80,000 has been allocated for capital expenditure in 2002/3 to purchase the software and hardware requirements to enable the appropriate linkages between the Council and its housing association partners.

 

15.       The annual running costs for the CHR will average £35,000 per full year, which will be apportioned between the Council and the housing associations. 

           

            2002/3            2003/4            2004/5            2005/6            2006/7

 

            24,846            33,883            35,105            42,948            37,236

 

The associations will contribute £15,000 in the first full year and this will be reviewed annually in the light of actual costs incurred.  The marginally uneven distribution of the costs represents the additional strategic benefits, which will accrue to the Council on the implementation of the CHR. 

LEGAL IMPLICATIONS

 

16.       The Council is bound by the terms of the SLA to maintain the infrastructure through which the CHR will operate.  However, the SLA also provides the means for the Council to enforce its strategic role of ensuring that housing need is properly addressed on the Island.

 

OPTIONS

 

17.       The introduction of a CHR is not a statutory requirement and it would be possible for the Council to continue to operate the type of system currently in place.  However, some amendments would need to be introduced to take account of the requirements of the Homelessness Act 2002.

 

18.       However, there is considerable evidence that the benefits to be accrued from implementing the CHR will be significant over the medium to long terms.  These will be manifested in terms of greater consistency over needs assessment, increased control over allocations meeting strategic objectives, and a further cementing of the partnership between the Council and the housing associations on the Island.

 

EVALUATION/RISK MANAGEMENT

 

19.       Failure to implement the CHR presents the Council with a number of risks relating to non-compliance with the homelessness legislation and in not delivering the most effective use of the Island’s housing resources.

 

20.       However, risks also remain in proceeding with the new policy.  These relate to both the technical and project management issues inherent in any new project of this nature. 

 

21.       Currently, the full software package necessary to run the CHR has not yet been fully completed and will therefore require rigorous testing to ensure reliability and consistency of service delivery.

 

22.       The Internet-based nature of the software programme is also highly dependent of the speed of telephone connections to ensure speedy data entry and retrieval.   There have been problematic to date, but the imminent introduction of a new faster proxy server for the Council promises to overcome these early difficulties.

 

23.       The third potential area of risk relates to the performance of the housing associations in inputting their cases onto the new register.  Progress has been patchy to date, but all associations are committed to meet the proposed date of 31st March to go live.

 

24.       The main risks in proceeding with the implementation of the CHR are that:

 

1.      the new register will not go live on the proposed date

 

2.      the new register will not deliver the quality of service required, due to software, hardware or process-related issues.

 

25.       These risks are currently being managed through regular meetings of the CHR Board and CHR Project Team and there is a high level of optimism that the target date can be met.  At the time of reporting, approximately 1,000 applications have been entered on to the new system, which represents slightly less than 30% of the total number.

 

 

26.       RECOMMENDATIONS

 

            Members are asked to note the changes introduced in section 14 of the          Homelessness Act 2002.

 

            Members are asked to approve the introduction of the Common Housing Register and the terms of the Service Level Agreement as             from 31st March 2003.

 

 

 

BACKGROUND PAPERS

 

Homelessness Act 2002 – Report to Executive 19th November 2002

Homelessness Act 2002

 

ADDITIONAL INFORMATION

 

Appendix 1    Review Body functions and operation

Appendix 2    Allocations Policy

Appendix 3    Pointing System

Appendix 4    Equal Opportunities Policy

Appendix 5    Policy for Suspension of Application

Appendix 6    Procedure and form for Medical Assessment

 

Contact:          Martyn Pearl Ext.3061

 

 

J DOYLE

Acting Strategic Director

Social Services & Housing

R MAZILLIUS

Portfolio Holder for

Social Services and Housing

 

 

                                               


           

Appendix 1  

Review Body Functions and Operation          

 

1.                 Section 9 of the Service Level Agreement refers to the appointment of an ongoing Review Body for the operation of the Isle of Wight Housing Register.  This appendix outlines the functions and operation of the body.

 

2.                 Constitution:

 

2.1.           The Review Body shall consist of the following persons:

 

·      Head of Housing Services for Isle of Wight Council

·      Head of Information and Communication Technology Services for Isle of Wight Council

·      Chief Executive Officers of the participating Registered Social Landlords

·      Any of the above may appoint a deputy for the purposes of a meeting or review period.

 

2.2.           The Review Body shall consider the following areas of the operation of the Isle of Wight Housing Register in relation to:

 

·      Performance standards

·      Financial position

·      Equal opportunities

 

2.3.           The Body shall meet on a quarterly basis, normally in April, July, October and December, with an annual review of the previous year instigated at the April meeting and reporting to the July meeting.

 

2.4.           If a vote is required on any issue, this shall be by simple majority vote.  Should a majority not be reached the Head of Housing will have a casting vote.

 

2.5.           In the event of a dispute arising from a review meeting or from the Process, Section 11 of the Service Level Agreement (above) shall apply.

 

3.                 The audit and review process

 

3.1.           The following information shall be analysed on a quarterly basis by the Members of the CHR Review Body to ensure that performance is being maintained at an acceptable level:-

 

3.2.           At each meeting the following shall be considered.

 

3.3.           Statistics in relation to:

 

·      Refusal of offers

·      Best use of housing stock

·      Offers made under the priority as calculated by the pointing system

·      Waiting times for the highest pointed households

·      Timescales for the provision of information to RSL’s from the Provider

·      Timescales for the provision of information from RSL’s to the Provider

·      Timescales in relation to IT system being updated by the Provider

·      Review and accuracy of the register

·      Ongoing assessment by all Members in terms of exercising Equality of Opportunity, health and safety, probity and confidentiality.

·      Current position of revenue costs of operating the Register for the year to date.

·      Targets for the remainder of the year in the light of the above.

·      The meeting will also consider any changes of policy which may have arisen from changes in the law or Council procedures; and whether any changes to the terms of the Service Level Agreement are necessary.

 

3.4.           The meeting will also review any unresolved complaints or suspension cases brought to it following any appeal against a decision by the Council’s complaints procedure regarding an application to or suspension from the Register.

 

3.5.           At the October meeting the following shall also be considered.

 

·      Ongoing capital costs of the Register over a three year projected period

·      Anticipated shared revenue costs in the present year ending in March

·      Projected annual revenue budget for the Register for the following year beginning in April.

 

 


 

                                                                                                            Appendix 2

 

ALLOCATIONS POLICY

 

 

Background

 

The Following organisations have joined together to form the Isle of Wight  Housing Register Project Team.

 

 

“The Parties                                                  Reference in the Policy

 

The participants                                            “The Council” and “Registered Social Landlords”

Isle of Wight Council                                     “The Council”

Vectis Housing Association                        “Registered Social Landlord/RSL”

Isle of Wight Housing Association              “Registered Social Landlord/RSL”

Medina Housing Association                      “Registered Social Landlord/RSL”

South Wight Housing Association              “Registered Social Landlord/RSL”

 

It is the aim of the Team to cover the whole range of housing needs on the Island and all parties are committed to a policy of fair housing, to ensure that all individuals and groups have access to their properties and services.

 

Principal Objectives

 

The principal objectives of the Common Allocations Policy are as follows:

 

·      Equal and fair access to housing

·      A centralised method of identifying need on the Island

·      A single point of contact for the customer accessible from various sites

·      The improved use of Island housing

·      Matching people with appropriate properties in appropriate locations

·      Improved partnership working with participants as well as other agencies

·      The generation of up to date, accurate and easily accessible information

·      To overcome, as far as reasonable, potential clashes of lifestyle

·      To avoid, as far as possible, over concentrations of one particular household or need type

 

Basis of the Allocations policy

 

All of the Association’s (Registered Social Landlords’) flats, houses and bungalows are for rent (or shared ownership).  Demand exceeds supply and an allocations policy is therefore required.

 

Individual RSL’s may retain flexibility in their allocations from the main register, providing that these give regard to or possibly enhance the main principles of the Common Housing Register.

 

In drawing up the following priorities, attention has been paid to Annex 3 of the Guidance to the Homelessness Act 2002 - Appendix 1A.  Priority will be given to the following category of applicant.

 

·      Households who are homeless

·      Households who have been accepted as homeless and to whom the Council has a duty to arrange suitable housing.  This includes households who are occupying temporary housing arranged by the Council

·      Households who are living with housing which is in poor condition or who are overcrowded

·      Households who need to move on medical or welfare grounds

·      Households who need to move to a particular locality to avoid hardship to themselves or others

·      Households who are homeless as a result of violence (or threats of violence likely to be carried out) who require urgent re-housing

·      Households who need to move for urgent medical reasons

 

 

Other factors to be taken into account include:

 

·      Households with dependant children, or where a child is expected

·      Households containing persons vulnerable because of health, age or particular needs.

·      People without permanent homes

·      Location of family/carers

·      Location of other facilities essential to the applicant

·      Needs of Key workers to live within reach of their work

·      Requirements of households who need to move to a different location for the purposes of work, education or training

·      Needs of households where members are forced to live separately

·      Hidden households (who are staying in someone else’s home)

·      Households requiring move-on and/or floating support following a period in a hostel or housing providing care and support

 

 

Exclusions from application to the Register are as follows:

 

·      Persons under 16 years old as main applicant.  (Persons between 16 and 18 will be assessed on the merits of the case and in accordance with relevant Acts of Parliament.)

 

·      Certain persons who are subject to Immigration Control within the meaning of the Asylum and Immigration Act in place at the time, having regard to the eligibility criteria set out within the Homelessness Act 2002.

 

Assessment procedure

 

In order that the selection process can be seen to be as fair and reasonable as possible a system is operated whereby points are awarded according to the answers provided by applicants on the standard application form.

 

The pointing system is shown at Appendix 3.

 

All applicants are assessed on the basis of housing need.  Where the application indicates the possible need for support attached to housing an assessment will be arranged by the Council (Housing Services) in liaison with the Isle of Wight Supporting People Team.

 

There is no requirement for applicants to be resident on the Isle of Wight.

 

If there is a query or clarification required regarding circumstances the Council may arrange to visit the applicants in their own home.

 

Any unsuccessful applicants have the right to appeal against a decision not to register their application by writing to the Council within seven days of receipt of notification that their application has been refused on that occasion.  Applicants may further appeal to the Housing Ombudsman’s Service, provided that the Council’s complaints procedure has been exhausted.

 

A record is maintained on the Common Housing Register system of all applications to enable queries to be answered.  Applicants may call at the Council’s Housing Services office to inspect such information as is held about them.

 

The parties will seek notification of a continuing requirement for housing at intervals of six months.  All applicants will be sent circulars fore this purpose.

 

Allocation procedure

 

Registered Social Landlords considering the offer of a tenancy to an applicant on the Register may visit to verify application details, obtain further information, check arrears or issues relating to the current landlord, and introduce the RSL to the potential tenant.

 

All details of visit, offer, discussion and acceptance or refusal and the reason will be recorded on the System.  In the case of applicants from outside the Isle of Wight the Council will arrange a home visit at an early stage.

 

If an applicant rejects two offers of accommodation by any of the participating landlords, then the council will decide if the applicants’ reasons are valid and whether any further offers will be made for a period of at least twelve months.

 

In the case of the property available being unsuitable to the applicants all applicants who have been visited will be reconsidered if and when appropriate alternative accommodation becomes available from any of the RSL’s.

 

The right is reserved to make selection on the basis of each RSL’s lettings policy, which may include reference to agreed Local Lettings Policies, and charitable and other rules by which the RSL is governed.

 

Equal Opportunities

 

Allocations made from the Common Housing Register will be made in line with the Equal Opportunities Policy shown at Appendix 4

 

Suspense Policy

 

In some cases an applicant may be suspended from consideration for allocation of a property through the Common Register for a set period of time.  The Suspense Policy and arrangements are outlined at Appendix 5.

 

Medical pointing

 

A procedure and supplementary form in respect of medical pointing is attached at Appendix 6.

 

Monitoring arrangements

 

Monitoring of nominations and reasons for allocation of a particular household to a home is carried out by the Council in order to ensure that allocations are made fairly and to appropriate households in greatest need of the home which has become available, and on the basis of the Equal Opportunities Policy.

 

Such monitoring will be carried out by the Council’s Head of Housing.


Appendix 3

Points Scheme

 

CRITERIA

DESCRIPTION

DETAIL

POINTS

General applicant points selected from *

Statutory homeless points selected from *

Roofless, hostels, succession points selected from *

 

 

 

 

 

 

 

a) Housing condition

Lacking a bedroom

Same sex age 16+

25

*

 

 

 

 

Bedsit only

25

*

 

 

 

Sharing bedroom

Age dif > 8 years

25

*

 

 

 

 

Opposite sex age 10+

25

*

 

 

 

Lacking amenities

Bath/shower

20

*

 

 

 

 

Indoor WC

20

*

 

 

 

 

Kitchen/cooking facilities

20

*

 

 

 

 

Cold/hot water

20

*

 

 

 

 

Heating

20

*

 

 

 

Sharing amenities

Bath/shower

5

*

 

 

 

 

WC

5

*

 

 

 

 

Cooking

5

*

 

 

 

Condition of home

Moderate

25

*

 

 

 

 

Serious

50

*

 

 

 

 

Urgent

100

*

 

 

 

Under-occupation

Per excess bedroom

20

*

 

 

 

 

 

 

 

 

 

b) Tenure

 

NOSP/NTQ served

30

*

 

 

 

 

Possession order served

50

*

 

 

c) Medical/Health

 

Basic (from application)

30

*

*

*

 

 

Points increased to

60

*

*

*

 

 

high

90

*

*

*

 

 

subject to

120

*

*

*

 

 

assessment

150

*

*

*

d) Economic need

Unable to buy own accommodation to suit needs of household

 

25

*

 

 

e) Homelessness

 

Accepted as statutory homeless

500

 

*

 

 

 

Discretionary succession

250

 

 

*

 

 

Roofless, not statutory homeless

250

 

 

*

 

 

In hostels seeking move-on

250

 

 

*

 

 

with initial support

 

 

 

 

 

 

 

 

 

 

 

f) Social need

 

Low

25

*

 

*

 

 

Medium

50

*

 

*

 

 

High

150

*

 

*

g) Local connection

Isle of Wight residency

1 year

5

*

 

*

 

 

2 years

10

*

 

*

 

 

3 years

15

*

 

*

 

 

4 years

20

*

 

*

 

 

5 years +

25

*

 

*

 

 

 

                                                                                                            Appendix 4

 

Equal Opportunities Policy

 

The Isle of Wight Housing Register will be operated in relation to the Equal Opportunities Policy of the Council.  All participant landlords on signing the Service Level Agreement are expected to assent to this.

 

The participants in the Isle of Wight Housing Register scheme aim to ensure equality of treatment for all people making applications to it.

 

Nobody applying for housing will be treated less favourably than anybody else on the grounds of:

·      Age

·      Gender

·      Disability

·      Ethnic origin

·      Religious belief

·      Sexual orientation

 

and particular regard will be paid to needs relating to

 

·      people living with disability or chronic illness including those relating to HIV

·      Older people

·      People on low incomes

·      The needs of carers and people responsible for children and other dependants

·      People with mental health problems

·      People with learning disabilities

·      Other disadvantages groups as identified

 

The scope of the Policy extends to:

 

·      Enquiries, advice and interviews by phone or in person

·      Speed and treatment of applications

·      Pointing and assessment for property suitability

·      Assistance in the offer process

·      Regard to reasons given for refusal

 

Applicants subject to immigration control

 

It is noted that the Register is required to operate within the terms of the Homelessness Act 2002 in relation to access to the Register by persons who are subject to immigration control.

 

In relation to the above, all investigations will be carried out fairly and with respect to the applicant; regardless of the anticipated or actual outcome.

 


                                                                                                            Appendix 5

 

Protocol for Suspension of Application

 

 

Principles

 

It is recognised that individual RSL’s may have their own grounds for not offering to a particular application (exceptional cases).

 

The CHR System will allow for suspension for a period as defined below, but the actual act of placing an application in or out of suspension will be carried out using the System by personnel within Housing Services.

 

There will be no built in concept of “indefinite suspension” - the long stop is 2 years at which point the case can be reviewed (and suspended again if necessary).

 

Suspended applications will show up in short lists but with suspended status.

 

Lists should be able to be called up of those applications suspended for arrears and for unacceptable behaviour.

 

A suspended applicant may appeal against a decision regarding their suspension under the Council’s complaints procedure.  Such a decision will be reviewed by the Review Body for the Register.

 

 

Unacceptable behaviour

 

Violence and/or threats including racial and sexual harassment and domestic violence.

Serious nuisance or annoyance to neighbours or the neighbouring community.

Use of property for illegal or immoral purposes

Also deliberate fraud, physically meddling with System, bribery (criminal offences dealt with by criminal court but treated as above in terms of the Register).

 

 

Indicator

Legal case or conviction in respect of any of the above

Past or pending eviction for such by Council or RSL.

Grounds (actual or notional*) under Part 1, Schedule 2 s84 of Housing Act 1996.  (i.e. where a case would have resulted in prosecution if carried forward)

* From para. 4.22 of DTLR Consultation Paper “Allocation of Accommodation” Nov 2002

 

Period of suspension

Pending outcome of case if pending? (i.e. Court finds innocent)

2 years then reviewed (right reserved to re-suspend or offer Assured Shorthold tenancy after the period)

 

Outstanding arrears

 

To Council, RSL (not private landlord)

 

            Period of suspension

            Until paid off (suspension can be reversed when appropriate) or

Until agreement entered to pay off is reviewed after 6 months - evidence of regular payment can undo the suspension (human judgement).

 

Turn down reasonable second offer made under CH Register

(Unreasonable grounds found after appeal would not result in suspension)

 

            Period of suspension

1 year

           

Deliberate change of circumstance in order to gain points advantage/intentional homelessness

 

(Not a suspension issue - but Housing Services will re-calculate points as per what need was before the deliberate change, and the review process will pick up subsequent changes - effectively the 6 months review = 6 months reduced pointing).

 

False declarations on application

(Actual deliberate untruths or non-declarations of interest rather than “overstatements” on e.g. Social Need, which will be checked in any case).

 

            Period of suspension

6 months from acceptance of corrected details to be added to the form.

 

 

 


                                                                                                            Appendix 6

 

Medical pointing framework

(Procedure and form)

 

 

The Code of Guidance for local housing authorities for the 2002 Act states;

 

Where it is necessary to take account of medical advice, housing authorities should contact the most appropriate health professional who has direct knowledge of the applicant’s medical condition, as well as the impact their medical condition has on their housing needs.

 

This does not imply a GP, a specific doctor working for the Authority, or a panel.

 

The “most appropriate person” might be from amongst those stated on the application:

 

Social Worker or Care Manager

Occupational Therapist

Health Visitor or District Nurse

Community Psychiatric Nurse

GP or consultant

 

Process

 

If the applicant states that their medical condition or that of a member of their household affects present or future housing needs, a medical assessment form should be sent for their completion. At this stage they will be awarded the “baseline” level of medical points.  The need for further details will be highlighted from the Application From question E2 - questions which highlight age/infirmity, physical disability, progressive or chronic illness or medical condition, alcohol or substance misuse or another need which might be “medical”.

 

On receipt of the completed form, members of the Combined Housing Partnership will carry out as assessment as to banding of medical points.  Five bands are proposed and the raising (or lowering) of medical pointing will be based upon the answers to the questions - which may be supported by a professional contact named by the applicant in the form.

 


 

SUGGESTED FORM

 

Name, address, etc. (details from the form submitted)

 

In your recent application you stated that reasons for wishing to move included...................................................

 

 

 

In order to help us assess your needs please could you supply us with further details.

 

Please list any matters regarding medical conditions or disability which you would like to be taken into account in consideration for housing.

 

 

 

 

Please answer in the spaces below how any of the matters stated above affect how you live in your present home, and what facilities you would need to help matters.

 

·      Your ability to enter or leave the home

(This might involve steps, stairs or steep path or driveway)

 

 

 

 

 

·      Your ability to move inside the home between rooms

(This might cover living rooms, bathroom, bedroom, kitchen)

 

 

 

 

 

·      Your ability to get from the home to transport, shops or other services which you need.

 

 

 

 

 

·      Any problems you experience connected with noise inside your home or from other homes,

 

 

 

 

 

·      Any need you might have to live with or close to family or carers.     

 

 

 

 

·      Any need you might have a parking space because of medical condition or disability.

 

 

 

 

(If you are presently in hospital or other residential care)

·      How your present circumstances mean that you are unable to move back to your usual home?

 

 

 

 

We may wish to check on the information you have supplied or seek further information which may help you.  Please provide details below a person we may contact who understands your circumstances. This may be a doctor (GP or Hospital), Social Worker or Care Manager, Occupational Therapist, Health Visitor, District Nurse, Community Psychiatric Nurse or someone else.

 

Name of person to contact:

 

 

Address of person to contact

 

 

 

 

Telephone number (daytime) of contact

 

 

 

 

 

 

Signed.......................................

Applicant