Decision by Portfolio Holder
Report reference: HSG-035-2014/15
Date of report:
13 May 2015
Portfolio:
Housing
Author:
Roger Wilson (Ext 4419)
Subject:
“Right to Move – Statutory Guidance on social housing allocations for local
housing authorities in England”
Democratic Services: R Perrin
Decision:
1. That the Council’s revised Housing Allocations Scheme (which comes into force later
this year), be amended in accordance with the changes set out in the table at Appendix
Two in order to comply with the Government’s Right to Move - Statutory Guidance on
social housing allocations for local housing authorities in England” published after the
Council’s latest Housing Allocations Scheme was adopted; and
2. That, as the Statutory Guidance came into effect on 20 April 2015, the Council’s current
Housing Allocations Scheme also be amended, to include all of the provisions included
in the revised Scheme, in order to comply with the Guidance with immediate effect.
ADVISORY NOTICE:
A Portfolio Holder may not take a decision on a matter on which he/she has declared a Pecuniary interest.
A Portfolio Holder with a non-pecuniary interest must declare that interest when exercising delegated powers.
I have read and approve/do not approve (delete as appropriate) the above decision:
Comments/further action required:
Signed:
Cllr Stallan
Date: 13.05.15
Non-pecuniary interest declared by Portfolio
Holder/ conflict of non-pecuniary interest
declared by any other consulted Cabinet
Member:
none
Dispensation granted by Standards Committee:
Yes/No or n/a
Office use only:
Call-in period begins: 15.05.15
Expiry of Call-in period:21.05.15
After completion, one copy of this pro forma should be returned to
Democratic Services IMMEDIATELY
Reason for decision:
To amend the Council’s current and revised Housing Allocations Scheme to ensure compliance
with the Government’s “Right to Move – Statutory Guidance on social housing allocations for
local housing authorities in England”.
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Initialled as original copy by
Portfolio Holder:
Options considered and rejected:
1. Not to amend the Council’s current and revised Housing Allocations Scheme to comply with
the Government’s “Right to Move – Statutory Guidance on social housing allocations for local
housing authorities in England”.
2. To make alternative changes to the Council’s current and revised Housing Allocations
Scheme as a result of the Government’s “Right to Move – Statutory Guidance on social housing
allocations for local housing authorities in England”.
Background Report:
1. At its meeting on 9 March 2015 (Minute 147 refers), the Cabinet considered a report from the
Housing Scrutiny Panel on the Review of the Housing Allocations Scheme. The revised Scheme
was agreed by the Cabinet. The target date for the revised Scheme coming into force is 1 July
2015.
2. As part of the Review, the Cabinet agreed that an exception be made to the Residency
Criteria for existing social housing tenants who are seeking to move into the District from
another local authority district in England (across boundaries) to be closer to their work, or take
up a job, apprenticeship or full-time training that will lead to employment. This decision was
made following consideration of the Government’s Code of Guidance which states “we expect
housing authorities to make appropriate exceptions to their residency test for social tenants so
as not to impede the labour market”.
3. In order for the exception to the Residency Criteria to be made, an additional Paragraph has
been added into the revised Scheme at 14.3(f) as follows:
Any new applicant/s who has lived in the Epping Forest District for less than five continuous
years immediately prior to their date of application, with the exception of persons who:
“Are in or have secured either permanent employment comprising of a minimum of 24 hours
each week or an apprenticeship or full-time work-related training, and currently live either in
excess of 50 miles from their current or intended place of work; and/or their return journey time
on public transport is generally in excess of 3 hours. Journey times will be based upon Internet
Journey Planners”
4. In order to comply with the above, an additional criterion was included in Priority Band C (the
lowest Band) as follows:
“All Home seekers (in accordance with Paragraph 14.3 (f) of this Housing Allocations Scheme)
who need to move to be nearer to their place of work or to take up an offer of permanent
employment, an apprenticeship or full-time work related training.”
5. At its meeting on 21 October 2014, when considering this part of the Review, the Housing
Scrutiny Panel considered and responded to the Government’s Consultation Paper on its
proposal to introduce Statutory Guidance under the “Right to Move” in order to assist social
tenants who are seeking to move across boundaries to take up a job or to be closer to their
work.
6. Officers explained that when the final Statutory Guidance is issued, should any further
changes need to be made to the Housing Allocations Scheme, then a report will be submitted to
the Housing Portfolio Holder recommending any further changes.
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Portfolio Holder:
7. The Right to Move – Statutory Guidance on social housing allocations for local housing
authorities in England was subsequently issued in March 2015 and came into effect on 20 April
2015. A copy is attached at Appendix One. Housing authorities are encouraged to review their
existing allocations policies and revise them, where appropriate, in the light of the new Guidance
as soon as possible, hence the need for this report.
8. The Guidance states that the Government wants to ensure that tenants are not prevented
from taking up an employment opportunity because they cannot find a suitable place to live. It
further states that the effect of the Right to Move regulations is to prevent local authorities
applying a local connection test that would disadvantage tenants who need to move across local
authority boundaries for work related reasons.
9. Under the Guidance, local authorities must not disqualify certain persons on the grounds they
do not have a local connection with the authority’s district. Specifically, a local connection may
not be applied to existing social tenants seeking to transfer from another local authority district in
England who need (rather than wish) to move as they work in the district, or need (rather than
wish) to move to take up an offer of employment, and if they were unable to do so, it would
cause them hardship.
10. The table at Appendix Two sets out a list of the main provisions of the Guidance and the
recommended changes to revise the Housing Allocations Scheme. The Housing Portfolio Holder
is asked to agree changes. Furthermore, it is also recommended that, as the Statutory Guidance
came into effect on 20 April 2015, that the Council’s current Housing Allocations Scheme be
amended, to include all of the provisions included in the revised Scheme, in order to comply with
immediate effect with the Right to Move Guidance.
Resource Implications:
None
Legal and Governance Implications:
Right to Move – Statutory Guidance on social housing allocations for local housing authorities in
England
Providing Social Housing for local people (DCLG October 2013)
Allocation of accommodation: guidance for local housing authorities in England (DCLG June
2012)
Safer, Cleaner and Greener Implications:
None
Consultation Undertaken:
When the Council’s Housing Allocations Scheme was revised, a consultation exercise was
undertaken with the Tenants and Leaseholders Federation, partner agencies, Parish and Town
Councils and Registered Social Landlord Partners. Responses received to the consultation
exercise were considered by the Cabinet when the revised Scheme was agreed on 9 March
2015. The revised Scheme included many of the provisions with the final Statutory Guidance.
As a result, the amendments to the Scheme set out in the report do not constitute a major
change and therefore no further consultations are considered necessary.
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Initialled as original copy by
Portfolio Holder:
Background Papers:
Current and revised Housing Allocations Scheme
Government Guidance documents set out under Legal and Governance Implications
Key Decision Reference (Y/N): No
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Initialled as original copy by
Portfolio Holder:
Appendix Two
Right to Move – Statutory Guidance on social housing allocations for local housing
authorities in England
Suggested Changes to the revised Housing Allocations Scheme
Main Provisions of the
Guidance
Suggested changes to the revised Housing
Allocations Scheme which comes into force later in
2015
The Guidance sets out the
Secretary of State’s view on the
factors that local authorities
should take into account in
determining whether a tenant
needs to move to be closer to
work or take up a job offer in
order to avoid hardship.
As all factors are not currently taken into account within
the proposed scheme, it is suggested that Paragraph
14.3 (f) be amended to:
Furthermore, following
consultation responses the
Explanatory Memorandum to
the Guidance makes clear the
Right to Move does not apply to
tenants who wish to move for
work-related training
“are existing local authority or housing association
tenants with a good tenancy record who are seeking to
transfer from another local authority district in England.
They must provide appropriate evidence that they are
permanently working in the District, or have a genuine
intention of taking up an offer of work in the District (work
does not including short-term, occasional, ancillary,
voluntary, marginal or economically insignificant
employment), comprising a minimum of 24 hours each
week or an apprenticeship. They must also demonstrate
that they are experiencing hardship as a result of the
above due to one or more of the following factors:
Any new applicant/s who has lived in the Epping Forest
District for less than five continuous years immediately
prior to their date of application, with the exception of
persons who:
(i) they live in excess of 50 miles from their current or
intended place of work
(ii) they have a return journey time on public transport
which is generally in excess of 3 hours based upon
Internet Journey Planners
(iii) the availability of transport is restrictive causing
similar difficulties set out in (i) and (ii) above
(iv) transport is unaffordable when taking into account
earnings
(v) there are medical and child care factors which would
be affected if the tenant could not move”
It is further suggested that the additional criterion in Band
C be amended and reference to “full-time work related
training” be deleted.
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Initialled as original copy by
Portfolio Holder:
Appendix Two (continued)
Main Provisions of the
Guidance
Suggested changes to the revised Housing
Allocations Scheme which comes into force later in
2015
Statutory Guidance issued
March 2015
Add the new Statutory Guidance to the list of provisions
under which the Scheme has been formulated
Paragraph 22 of the Guidance
sets out considerations of the
number of hours worked. The
Secretary of State’s view is that
less than 16 hours a week
could be considered marginal
unless the remuneration is
substantial
It is suggested that a minimum of 24 hours each week, as
previously recommended by the Housing Scrutiny Panel,
and agreed by the Cabinet in the latest Scheme remains
as this demonstrates that the work is not marginal in
terms of the number of hours worked.
Paragraph 40 of the Guidance
encourages authorities to take a
more flexible approach where a
tenant is moving within the
same local authority area.
It is suggested that tenants living within the District
should not be given any priority when moving for work
related reasons, as any travelling should be minimal
bearing in mind there are adequate transport links.
Paragraphs 41 to 45 of the
Guidance explains that the
Secretary of State considers an
appropriate way would be for a
local authority to set a Quota for
the proportion of properties that
it expects to allocate each year
to transferring tenants who
need to move into the District
for work related reasons. It is
suggested that at least 1% is
set aside. Local authorities are
also encouraged to report
locally on demand for and
lettings outcomes in relation to
the Right to Move Quota.
It is suggested that a Quota of properties is not set aside
for this purpose. If, for example, 1% of properties
allocated were set aside this would mean that only up to
around 4 properties each year could be let for this
purpose which may be too restrictive. Not having a
Quota is considered more generous than the Guidance is
suggesting.
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Initialled as original copy by
Portfolio Holder:
Due Regard Record
This page shows which groups of people are affected by the subject of this report. It sets out
how they are affected and how any discrimination they experience can be eliminated. It also
includes information about how access to the service(s) subject to this report can be improved
for the different groups of people; and how they can be assisted to understand each other
better as a result of the subject of this report.
S149 Equality Act 2010 requires that due regard must be paid to this information when
considering the subject of this report.
The group affected by the subject of the report are applicants who live outside of the District and
do no currently met with the Residency Criteria. The effect on this group is that in the
circumstances set out in the report, should they need to move into the District for work-related
reasons in order to avoid hardship, they will be eligible to join the Council’s Housing Register.
No discrimination issues have been identified as a result of the changes. The way in which they
can access the service is clearly explained in the Council’s Housing Allocations Scheme and
associated leaflets and literature which is made easily available to members of the public.
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Initialled as original copy by
Portfolio Holder: