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
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.
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.
3.1.
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.
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.
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 |
* |
|
* |
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