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”. 1 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. 2 Initialled as original copy by 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. 3 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 4 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. 5 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. 6 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. 7 Initialled as original copy by Portfolio Holder:
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