Appendix 2 Discretionary policy options Eligibility Age of applicants Verification and reference checks - Type of information required from applicants Current Stockton Policy with regard to allocations Be aged over 18 years Or Be aged over 16 years and feature within the Council’s Young Person’s Protocol with CESC for Care Leavers & vulnerable children under the terms of the Children’s Act 1989. proof of identification for everyone on the application to be housed proof of address for everyone over the age of 16 years on the application Evidence received from: Evidence received from: Erimus Homechoice (Middlesbrough) Including reference to Erimus’ current and draft future policies People over the age of 16 are able to join the scheme. Subject to… 4.7 Any vulnerable household or person/s under the age of 18 years will have a full housing need assessment completed to identify their support needs in conjunction with other agencies. Your Choice Homes (Newcastle) 4.8 At the point of registration and before a firm offer of accommodation is made to an applicant who has successfully bid against a property, verification and reference checks will be carried out to determine eligibility, these checks will include one or more of the following: - Applicants can join the general scheme when they are 18. However, they are allowed to count their length of current tenure from the age of 16. (Those between 16 and 18 can be helped through a Housing Management let if they are in priority need.) YCH require: Standard proof of ID. Details of current circumstances similar to Erimus, but also the names of 2 referees. These are generally ex-landlords. YCH require proof of length Officer Recommendations Retain current policy and not prevent access to 16 and 17 year olds. Homelessness amongst young people is a key issue which the Local Authority can respond positively to in a planned and strategic manner? DCLG Code of Guidance identifies that ‘Eligibility requirements were not found to be unduly restrictive in the case study authorities. The main barriers to access included applicants living outside of the area, young people under 18 and owneroccupiers, unless in financial need.’ Retain current policy. To consider - Stockton does not restrict access to those who can financially secure alternative accommodation but some LA’s and RSL’s do on the principle that social housing should be for those who need it and have no 1 Appendix 2 Discretionary policy options Current Stockton Policy with regard to allocations copy of current tenancy agreement if a private tenant immigration status previous/current rent arrears – all tenures previous /current property damage – all tenures Applicants or a member of the household to be accommodated with the applicant are subject of a current Acceptable Behaviour Contract for anti-social behaviour against other residents. Applicants who since being accepted onto the Register, have Evidence received from: Evidence received from: Erimus Homechoice (Middlesbrough) Including reference to Erimus’ current and draft future policies proof of identification immigration status previous/current rent arrears previous /current property damage previous legal action - antisocial behaviour/harassment history of offending relationship to any members of staff or board members confirmation that the eligibility criteria for the property has been met adequate equity to meet current housing need Your Choice Homes (Newcastle) of current tenure. The scheme uses this to decide between more than one applicant to the same property. Officer Recommendations other option. A high proportion of our older persons accommodation is taken up by owner occupiers. No means test is applied It is made clear that verification checks may be carried out at any point during the process. YCH make clear that onus is on customer to provide required information. 2 Appendix 2 Discretionary policy options Current Stockton Policy with regard to allocations Evidence received from: Evidence received from: Erimus Homechoice (Middlesbrough) Including reference to Erimus’ current and draft future policies Your Choice Homes (Newcastle) 4.10 If the verification checks are not satisfactory, the applicant may not be offered the property. In certain circumstances, the applicant may be offered the property, subject to specific conditions determined at the YCH provide guidance to applicants if they fail to meet the eligibility criteria. Applicants are provided with an explanation of why they have been excluded, Officer Recommendations themselves, or a member of the household to be accommodated with the applicant, been guilty of unacceptable behaviour, which is serious enough to make them unsuitable to be a tenant of the authority and would entitle the authority to a possession order, will have their registration cancelled. relationship to any members of staff or board members Unsatisfactorily referenced applicants If the verification checks are not satisfactory, the applicant may not be offered the property. In certain circumstances, Adopt Middlesbrough’s approach which meets with Government’s proposed Code of Guidance. 3 Appendix 2 Discretionary policy options Current Stockton Policy with regard to allocations the applicant may be offered the property subject to specific conditions determined at the discretion of THL and SBC. The application is ‘deferred’ until the applicant can prove that they should no longer be deferred Evidence received from: Evidence received from: Erimus Homechoice (Middlesbrough) Including reference to Erimus’ current and draft future policies discretion of Erimus. Erimus may take into account the behaviour in question in determining priorities between applicants, rather than classing an applicant as ineligible after applying the ‘Unacceptable Behaviour Test’ as described in the Code of Guidance. This means that where more than one applicant has bid for a property and each have the same level of priority, the behaviour of the applicants may be used to choose between which one of them receives the offer of accommodation. Erimus will refer to the Suspension Policy in deciding whether to apply a suspension period, if the applicant is not offered the property on the grounds of their unacceptable behaviour. If an applicant is overlooked on the grounds of their previous unacceptable behaviour, s/he will be notified of the reasons in writing, together with an explanation of what action needs to be taken to remedy the situation. Your Choice Homes (Newcastle) Officer Recommendations and steps needed to rectify their situation. Applicants may be originally eligible, but will not be offered properties if they have since displayed behaviour that would render them ineligible. In exceptional cases, offers of properties may be made, but will be subject to conditions such as Acceptable Behaviour Contracts. Normally such offers would be outside the general scheme, through a direct Housing Management Let. 4 Appendix 2 Discretionary policy options Advertising of properties Local Lettings Policy Current Stockton Policy with regard to allocations N/A N/A Evidence received from: Evidence received from: Erimus Homechoice (Middlesbrough) Including reference to Erimus’ current and draft future policies Vacant properties are currently advertised on a 2 weekly bidding cycle. The first week allows customers to bid; the second allows for shortlisting, verification checks and arrangement of viewings. However, the proposals are to introduce weekly bidding cycles as the 2 weekly cycle had a negative impact on relet times and lost rental income. Your Choice Homes (Newcastle) 6.0 In creating balanced, mixed and sustainable communities and to make best use of housing stock, Erimus may introduce local lettings policies on some estates. Local lettings policies will allow specific criteria to be applied in advertising properties in order to attract certain groups of people, if for example there have been particular issues concerning sustainability, high void turnover or low demand. Erimus will work with local residents in developing local lettings initiatives and will take into account the views of residents groups and the wider community to ensure that these YCH normally operate a weekly bidding cycle. Belief that a daily cycle would only be possible on a web-based system, but concerns over exclusion of some customers. Two-weekly cycle during periods of low demand such as bank holidays, school holidays. This is a potential future development area for YCH. Centres on Area Boards looking at types of tenancies and tenants, then attaching conditions on properties that become available. Foreseen that in any case: ‘the majority of lettings will be made from the general lettings category rather than direct Housing Management lettings or Local Lettings plans. Even in exceptional cases these Officer Recommendations Adopt Erimus’ new weekly cycle proposals. They have tested 2 weekly and cycle and have identified weaknesses which will be resolved via weekly cycle. Associated costs of increased frequency for advertising etc is expected to be offset by the reduced loss of rental income Adopt Middlesbrough’s approach. This is good practice and acknowledged within the proposed DCLG Code of Guidance “Local lettings policies may be used to achieve a wide variety of housing management and other housing policy objectives. So for example, local lettings policies may be used to lower the proportion of older children/young adults on an estate to reduce the incidences of anti-social 5 Appendix 2 Discretionary policy options Current Stockton Policy with regard to allocations Evidence received from: Evidence received from: Erimus Homechoice (Middlesbrough) Including reference to Erimus’ current and draft future policies initiatives are flexible and sensitive to their needs. Your Choice Homes (Newcastle) Proposed policy. Prioritisation of applicants This refers to the general method of prioritisation; whether banding, points system, priority cards, or a combination of these. N/A Current Erimus policy is for the use of four bands (ie. no a and b). New policy reflects need to reflect extra priority need for those with multiple needs. Proposal follows consultation with their legal section and SHELTER. special lettings will not exceed more than 50% or available properties in each neighbourhood.’ Applicants are placed within the general scheme when they are first accepted. If applicants consider themselves to have an immediate and urgent housing need, they can 8.1 Each person applying to become a apply for priority status by member of the CBL scheme will have indicating their his or her housing needs and circumstances on the requirements assessed at the point of registration form, or at any registration and will be placed in one time afterwards. of 4 bands, according to their level of housing need. Section 167(2A) of the If approved applicants Act allows allocation schemes to (such as homeless, severe make provision for determining disability, overcrowding) are priorities in relation to applicant’s who given a time-limited priority fall within the reasonable preference status, normally valid for 3categories and any additional months, and are able to bid preference categories. The Code of for properties which they Guidance published by the former match the criteria for. ODPM outlines how allocation schemes should be framed to take If more than one person Officer Recommendations behaviour; or to deal with concentrations of deprivation by setting aside a proportion of vacancies for applicants who are in employment.” Adopt Middlesbrough’s proposals. DCLG proposed Code of Guidance states ‘Generally speaking banding schemes are simpler for applicants to understand and simpler for housing authorities to operate than points-based systems.’ ‘Complexity within a banding scheme may be given effect to either by increasing the number of bands or by employing mechanisms for differentiating between applicants in the same band. While a scheme which involves a large number of bands may seem more complex, it is likely to be easier for applicants to understand 6 Appendix 2 Discretionary policy options Current Stockton Policy with regard to allocations Evidence received from: Evidence received from: Erimus Homechoice (Middlesbrough) Including reference to Erimus’ current and draft future policies into account reasonable preference categories. Erimus Housing’s CBL scheme has been framed to prioritise people in these defined categories. Since these categories can be cumulative, this scheme has been developed to account for multiple housing needs. Bands 1 – 2 have been split into (a) and (b) to account for multiple needs within the defined categories. Your Choice Homes (Newcastle) Band 1 a) and b) – Applicants with homes subject to demolition. No time limit for this band Band 2 a) and b)– All other priority members of the scheme such as those who are homeless, living in unsatisfactory conditions, have medical need. Band 3 – Those with no urgent housing need. Includes those from broke relationships, intentionally homeless and non-priority homeless; these placed in band 3a). All others in 3b). Band 4 – Applicants from out of area with no urgent requirements; owner occupiers. with the same priority status express and interest for the same property, the date priority was awarded is taken into account. If someone has qualified for priority status by having multiple needs and falling across more than one priority category. Applicants automatically lose their status after 3months, but are allowed to remain on the general scheme. Special circumstances do apply, for instance, priority may be extended if someone has been unable to find the specially adapted property that they require. Officer Recommendations than a scheme which has only a limited number of bands but a complex mechanism for determining priorities within those bands.’ After 12 months of delivering their CBL scheme Middlesbrough has proposed to create ‘sub-bands’ to reflect that individuals may have complex needs and not ‘one fits all’ banding can proritise fairly. Homeless applicants: if a successful bid is made, this counts as the offer with which YCH discharge their 7 Appendix 2 Discretionary policy options -Reasonable preference (eg. Erimus include in Band 2 )– extension of this to cover those with young family living in flats/maisonettes? Current Stockton Policy with regard to allocations To reflect the shortage of houses in the borough applicants with children of any age can request a flat as long as it has its own entrance. However, within the current policy we still reflect the unsuitability of accommodation for those who do not see flats as suitable for their children e.g Evidence received from: Evidence received from: Erimus Homechoice (Middlesbrough) Including reference to Erimus’ current and draft future policies Homeless applicants are given Band 2 status for initial period of 2 months. If no suitable property becomes available then this may be extended. If no bids have been made for available suitable properties, homeless officer will bid on applicant’s behalf. The first successful bid will be offered to applicant and will count as the discharging of Erimus’ statutory duty. If properties are refused for no good reason then priority status can be removed. Applicant moved to Band 3. Your Choice Homes (Newcastle) 8.3 Families with children aged 14 years or under or expecting a child, living in a flat or maisonette above ground floor level Officer Recommendations duty. If this is refused, then priority status may be withdrawn but applicant can remain on general scheme. Homeless applicants may ask YCH to make an offer as soon as a property arises eg without having to bid. However, refusal will lead to loss of priority status. Those intentionally homeless will be given preference by being given a direct offer of property No additional preference is given to those living in this situation. The issue to consider is whether or not it should be regarded as reasonable or not for families with children to occupy flats which have their own entrance or whether it should remain as we currently have whereby if the applicant does not feel it reasonable we agree and award them preference over others for accommodation. Flats are still desired by households with children 8 Appendix 2 Discretionary policy options Current Stockton Policy with regard to allocations preference is given to An expectant mother/couple or single parent who are tenant of a multistorey flat with children/child under the age of 14 years. Evidence received from: Evidence received from: Erimus Homechoice (Middlesbrough) Including reference to Erimus’ current and draft future policies Your Choice Homes (Newcastle) Officer Recommendations who cannot acquire a house in the area that they wish to live. A couple or any parent who are tenants of a maisonette or flat/bedsitter with children under the age of 8 years.(only if they were allocated the property when they did not have children under 8 years in the household)- if they were allocated the property with children under 8 years, the additional points for this category will only be awarded when the child(ren) has(ve) attained 3 years of age). 9 Appendix 2 Discretionary policy options - Reasonable preference (eg. Erimus include in Band 2 ) – unborn children and children with shared parentage Current Stockton Policy with regard to allocations This is not reflective of current SBC policy whereby an unborn child is only included in the assessment at 28 weeks into the pregnancy and shared parenting arrangements are only included within the assessment when the child resides there for 3 nights or more. Overcrowding will be assessed on the household composition and the current housing status i.e. number of people wanting to be rehoused and number of bedrooms currently occupied. Evidence received from: Evidence received from: Erimus Homechoice (Middlesbrough) Including reference to Erimus’ current and draft future policies 8.3 People living in severely overcrowded housing conditions i.e. 2 bedrooms or more short under current criteria, refers to the whole household that has naturally increased over a number of years. If someone in the household is expecting a child, the number of rooms will be calculated as if the child has already been born. Children from current or former relationships will only be counted as part of the household if they live with the family for more than 50% of the time. Applicants who have brought about overcrowding by deliberately worsening their own circumstances will not be awarded priority status. Your Choice Homes (Newcastle) Children under 1 year old are not brought into the equation. A child will normally be treated as a member of the household of an adult who is responsible for the day to day care of the child including situations involving equal joint care but not where the child visits only at weekends and holidays. Officer Recommendations The 28 weeks was adopted due to the fact that when we had an oversupply of property and accommodation could be accessed fairly quickly, an expectant single woman who was only recently pregnant could access a house straight away. The pregnancy may not for whatever reason have continued and a single person would have the tenancy of a 2 or 3 bedroomed house. The 28 weeks was agreed as being reasonable for the child to be viable and therefore part of the household. Middlesbroughs policy regarding children with shared parentage reflects ‘whole time’ e.g half of a week, whenever that is. We currently consider the need to have bed space for sleeping overnight 3 or more 10 Appendix 2 Discretionary policy options Reasonable preference (eg. Erimus include in Band 2 ) – age of children sharing bedrooms Deciding between bids for the same property Current Stockton Policy with regard to allocations Stockton currently states 8 years should be the limit N/A Evidence received from: Evidence received from: Erimus Homechoice (Middlesbrough) Including reference to Erimus’ current and draft future policies Your Choice Homes (Newcastle) 8.3 Children over the age of 10 years should not be expected to share a bedroom with anybody of the opposite sex. Newcastle state 10 years. 8.4 Where more than one applicant in the same band has successfully bid on the same property, the applicant with the earliest priority date will be ranked first. However if the priority date is the same, the applicant with the earliest date of registration will be YCH uses the length of time spent at current home to decide between bidders; this extends across all types of tenure. If length of tenure is identical, date of registration is then taken Officer Recommendations nights a week. The issue to consider is when it should be deemed that provision for children needs to be responded to in a situation whereby the child(ren) do not live with the applicant all the time. This is purely preference. There is no guidance. However when considering the reasonableness of different sex children sharing bedrooms then clearly what needs to be decided is at what age is it felt that children would be uncomfortable sharing with a sibling of different sex because of lack of personal privacy. Puberty may be an influencing factor? DCLG proposed Code of Guidance states “ when operating a banding scheme it is important to have a mechanism for determining allocation priorities between two or 11 Appendix 2 Discretionary policy options High interest properties Current Stockton Policy with regard to allocations N/A Evidence received from: Evidence received from: Erimus Homechoice (Middlesbrough) Including reference to Erimus’ current and draft future policies ranked first. Your Choice Homes (Newcastle) into account. Only CBL scheme to do this. Aim is to stimulate commitment to homes, and encourages people to sign up only when they want to move rather. Analysis of lettings so far suggests noone has been unfairly treated through this. 8.5 If there are more than 160 bids placed on a property, when the No special conditions are bidding cycle has closed and brought in if this situation providing there is no interest from arises. applicants in Band 1, priority status will be invalid and the applicant with the earliest registration date in Bands 2 and 3 will be ranked first. This will be subject to regular review to ensure that the reasonable preference categories are not disadvantaged. Officer Recommendations more households with similar levels of need. The simplest way of doing this is by taking into account the length of time they have been waiting for an allocation (in the case of new applicants this will normally be the date of their original application and in the case of transferring tenants, the date they applied to transfer). The Secretary of State considers that such an approach would be sensible and fair This area is not included within any guidance etc it is purely a preference of the particular authority. It basically means that when a highly demanded property is available and there are no high priority bidders, it will be allocated to the bidder who has been waiting the longest. 12 Appendix 2 Discretionary policy options Number of bids per applicant Issue of refusals/Void bids (continuous refusals) Current Stockton Policy with regard to allocations N/A N/A Evidence received from: Evidence received from: Erimus Homechoice (Middlesbrough) Including reference to Erimus’ current and draft future policies 8.9 Applicants placed in Bands 1 and 2 can place up to 4 bids per cycle, as opposed to applicants who are not in priority need in Bands 3 and 4 who can bid for up to 3 properties per cycle Your Choice Homes (Newcastle) 21.2 If an applicant consistently makes successful false bids, e.g. successfully bids for a property but then does not reply to any correspondence and this happens on more than 3 occasions, the applicant will be contacted for an explanation. However if the applicant fails to respond to any further correspondence the membership 3 bids allowed per applicant per cycle, regardless of status. No penalties are brought in for continuous refusals. This only affects those given priority status. Officer Recommendations There is no code of guidance around the number of bids that should be allowed but DCLG proposed Code of Guidance states “Authorities may seek to limit the number of refusals by restricting the number of bids which applicants can make at any particular time. This approach restricts the amount of choice available to applicants and is not recommended.” Middlesbrough have adopted their policy having worked the scheme for a year or so and should be considered favourably. It seems that the introduction of CBL could lead to an increase in refusal rates initially. This is because people bid for properties they do not want alongside those that they do; they then refuse the ones they do not want if those bids are successful. Robin Newby (DCLG CBL 13 Appendix 2 Discretionary policy options Current Stockton Policy with regard to allocations Evidence received from: Evidence received from: Erimus Homechoice (Middlesbrough) Including reference to Erimus’ current and draft future policies may be suspended. The same will apply to those applicants who fail to keep appointments for accompanied viewings. Your Choice Homes (Newcastle) The applicant’s reasons for refusal, failure to respond to correspondence or inability to keep an appointment will be assessed individually and discretion will be used before a final decision is reached in applying a suspension period. It will be the responsibility of a senior member of staff in the Homechoice Team for making a decision on whether to reactivate a suspended applicant. The number of refusals has been consistently dropping at Erimus. At Erimus, the refusal rate for properties that have been bid for is currently at 42%, down from 56%. (Current refusal rates at Tristar are similar to Erimus. Sometimes they are down to their 15th offer before a home is accepted.) To reduce the rate further, Erimus are using the idea of having multiple viewings for hard to let properties/those in areas of Officer Recommendations Adviser) has reported a similar phenomenon in other schemes around the country. People are testing the system by using their first bids for ‘dummy runs’; people are bidding even if they don’t really want any properties! It is possible that the number of bids available to people could be linked to the increase in refusal rates. At Erimus, those in band 1 and band 2 are able to exercise up to 4 bids, but there is no guarantee that all 4 bids are always used on properties people actually want. DCLG proposed Code of Guidance states “Housing authorities should not, as a matter of course, impose penalties on applicants who refuse an offer of accommodation which they have applied for…”. “This is particularly the case where applicants are expected to apply for properties before 14 Appendix 2 Discretionary policy options Current Stockton Policy with regard to allocations Provision for N/A vulnerable clients and those with special needs Definition of special needs Evidence received from: Evidence received from: Erimus Homechoice (Middlesbrough) Your Choice Homes Including reference to Erimus’ (Newcastle) current and draft future policies low demand. The top-5 qualifying applicants for a property will be invited to view it on the same day, and it is likely that at least one of them will accept the offer on the day. 10.2 Special needs applicants are categorised as applicants with housing needs that fall into one or more of the following groups: Medical / disability related needs Older people requesting sheltered housing Hospital leavers Carers and those requiring care Applicants with mental health needs Applicants with learning disabilities Those indicating special needs are flagged in order to alert the Disabled People’s Housing Service (please see Officer Recommendations they have had a chance to view them. Rather, authorities should ensure that applicants receive sufficient information about the property which is advertised to enable them to make an informed decision as to whether or not to bid for it” Middlesbrough’s approach appears fair. DCLG proposed Code of Guidance states “In many cases it may be relatively simple to identify those individuals who need assistance at the initial application stage.” And that we should “ Identify which type of applicants are likely to need assistance in order to choose accommodation that is appropriate to their needs and ensure that suitable assistance is available.” There is no specific requirement to identify those 15 Appendix 2 Discretionary policy options Advocacy for vulnerable clients Owner occupiers Current Stockton Policy with regard to allocations N/A Stockton currently accepts owneroccupiers onto Register regardless of financial status. The demand from our properties from owneroccupiers is for those seeking ground floor accommodation. Evidence received from: Evidence received from: Erimus Homechoice (Middlesbrough) Including reference to Erimus’ current and draft future policies sub-regional briefing note). Your Choice Homes (Newcastle) 10.9 All applicants who are supported will be individually case managed by named officers in the Disabled People’s Housing Service and can actively bid for properties of their choice advertised on the scheme. A bid shall however only be deemed successful if the property bid against meets the applicant’s assessed needs and requirements. During the registration stage, YCH assess whether customers need a sponsor to help them through the process. Questions on the form determine whether customers understand the process of bidding and whether anyone is available to bid on their behalf if necessary. Anyone over 18 can join the scheme regardless of current housing circumstances. 13. Erimus Housing will accept owneroccupiers who wish to join the scheme where they do not have sufficient equity to meet their current housing need. Generally applicants in this group will receive an offer of Length of tenure is still accommodation, only if there is no counted in the normal way. interest from members on the scheme in Bands 1 – 3. Owneroccupiers will generally be placed in Band 4. However if an owner Officer Recommendations client groups to whom special provision will be made. Consideration may wish to be given to a ‘cover all’ statement as opposed to a list of groups? We have no such dedicated team at Stockton. In identifying our vulnerable clients we would need to consider in the delivery of the scheme how we would adopt the advocacy role. A high proportion of our older persons accommodation is taken up by owner occupiers. No means test is applied. It is unlikely that under normal circumstances an owneroccupier without ‘special circumstances’ would be successful in acquiring a property. But if they are 16 Appendix 2 Discretionary policy options Transfer applicants Notice of termination period Current Stockton Policy with regard to allocations Stockton currently states that our tenants are not eligible to move until they have been a secure tenant for 1 year. Any offer their tenancy starts the Monday after viewing unless very Evidence received from: Evidence received from: Erimus Homechoice (Middlesbrough) Including reference to Erimus’ current and draft future policies occupier is assessed as being in unsuitable accommodation and falls within the reasonable preference categories, s/he will be placed in Band 2(a) if there are additional multiple needs or Band 2(b) if there are no additional multiple needs. Your Choice Homes (Newcastle) 14.1 Existing tenants of Erimus Housing can apply to become members of the scheme and will have their applications considered on the same basis as new applicants. Starter Tenants will generally not be eligible to move within the first year of their tenancy, unless there is an urgent need for rehousing, but they can join the scheme and accumulate valuable waiting time. Existing tenants of Erimus Housing applying to transfer within the scheme will be placed in the relevant category within Band 3, unless there is an urgent need for housing, in which case the applicant will be placed in the relevant priority banding 14.3 If an Erimus Housing tenant is successful in bidding for a property the notice of termination for the Existing Council tenants are encouraged to consider direct exchanges with both other Council tenants and tenants of other landlords. Notice of termination is 1 week. Officer Recommendations awarded priority due to a medical condition etc their tenure status is not taken into account or their financial circumstances. The issue that also needs to be considered is the Right to Buy. (see appendix 1) Middlesbrough’s approach is similar to ours but we currently do not accept applications until they are eligible to be offered accommodation therefore they do not accumulate ‘valuable waiting time’. Any offer their tenancy starts the Monday after viewing unless very special 17 Appendix 2 Discretionary policy options Current Stockton Policy with regard to allocations special circumstances Direct Housing Management Lets N/A Evidence received from: Evidence received from: Erimus Homechoice (Middlesbrough) Including reference to Erimus’ current and draft future policies previous tenancy will in most instances be one week. Your Choice Homes (Newcastle) 15.1 In certain circumstances, some applicants registered on the CBL scheme will be directly matched to vacant properties, which will not be advertised on the scheme. Applicants in the following categories require urgent rehousing on exceptional grounds because they are at risk if they remain in their own home or because they are part of rehabilitation programme supported by other statutory / voluntary agencies or a supporting people programme. Erimus will also make best use of housing stock by directly matching tenants that are under occupying their current accommodation to a property suitable to their household size and needs. Emergency rehousing (flood / fire damage) Other management lettings & special circumstances Witnesses of crime, or victims of crime, who would Officer Recommendations circumstances Similar to Erimus. Circumstances exist where YCH can use Housing Management Lets: one reasonable offer of accommodation. People having to move from areas affected by major repairs or demolition. Asylum seekers/national priorities Fire/flood/major incident victims Witness protection schemes Homeless cases where the victim is ineligible/there is need to move people rapidly from temporary Advise to adopt Middlesbrough’s approach. DCLG Code of Guidance states “There may be occasions, however, when it is not advisable or practicable to offer a choice of accommodation to a particular applicant or category of applicants. This category could include sexual or violent offenders where the need to manage the risk which they pose to other individuals or the community in general could limit the amount of choice they can reasonably be allowed.” There will always be the need to respond out of the ‘scope’ of the CBL process and Middlesbrough’s approach seems fair. It Is 18 Appendix 2 Discretionary policy options Review of scheme Current Stockton Policy with regard to allocations Each year all applicants are asked if Evidence received from: Evidence received from: Erimus Homechoice (Middlesbrough) Including reference to Erimus’ current and draft future policies be at risk of intimidation amounting to violence or threats of violence if they remained in their current accommodation Victims of racial harassment amounting to violence or threats of violence Same sex couples who are victims of harassment amounting to violence or threats of violence Serious offenders subject to MAPPA arrangements eg sex offenders Supported housing project leavers including young people leaving care Foster carers Erimus tenants occupying accommodation with 2 or more bedrooms surplus to their requirements Erimus Housing employees leaving tied accommodation Your Choice Homes (Newcastle) 17.1An annual review will be completed on the CBL scheme. Applicants There is an yearly review of scheme membership. accommodation to avoid use of B&Bs/priority status has expired and Council has a duty to provide accommodation Witness Protection Scheme Other exceptional housing management reasons Officer Recommendations suggested that it is made apparent that the list is not exhaustive. It is suggested that Middlesbrough’s policy is 19 Appendix 2 Discretionary policy options membership Property advertising criteria Current Stockton Policy with regard to allocations they still wish to remain on the Housing Register N/A Evidence received from: Evidence received from: Erimus Homechoice (Middlesbrough) Including reference to Erimus’ current and draft future policies will be asked to confirm if they wish to remain registered, by either telephoning the office, returning the return notification slip from the letter or visiting an Erimus office. If there is no further contact from the applicant, a reminder letter will be sent and contact will be made with any agency involved, prior to cancelling him/her from the scheme. Your Choice Homes (Newcastle) 18.1 To ensure a fair and consistent policy for all applicants Erimus Housing will be responsible for determining the property labelling criteria for each property advertised under the scheme. A property labelling criteria is for the purpose of: Assisting customers in making informed choices when Used in Newcastle as with Middlesbrough. This is to ensure the best use of available stock; consequently it is normal for every property advertised to have a minimum/maximum size of household condition attached. In addition local Officer Recommendations adopted. DCLG proposed Code of Guidance states “Rigorous management of the waiting list is important to ensure that the usefulness of waiting list numbers, as an indicator of demand, is not compromised. Authorities are also reminded that data protection legislation requires that personal information is kept up-todate and is not held for longer than necessary. It is, therefore, strongly recommended that authorities review their waiting list on an annual basis.” DCLG proposed Code of Guidance states “Restrictive labelling may be used, for example, to give effect to a local lettings policy e.g only people of a particular description may apply for that particular accommodation; or 20 Appendix 2 Discretionary policy options Current Stockton Policy with regard to allocations Evidence received from: Evidence received from: Erimus Homechoice (Middlesbrough) Including reference to Erimus’ current and draft future policies considering available properties Your Choice Homes (Newcastle) Ensuring best use of stock matching the needs of tenants to suitable properties reducing the levels of over crowding and under occupying. housing managers may attach criteria to properties, in order to fulfil any local lettings plan in operation or for reasons specific to a particular property. Officer Recommendations people of a particular description will be given preference for that particular accommodation Same criteria as Erimus Helping to develop balanced and sustainable communities Making new customers aware of local lettings initiatives which are in operation in specific areas to ensure sustainability. The criteria can include: -No children -Age -Minimum family size i.e. number in household -Or advertised as: family; single; couple; elderly; large family; disabled accommodation -Preference to customer requiring care or support due to age -Preference to persons with mobility difficulties/ wheelchair users 21 Appendix 2 Discretionary policy options Low Demand Property Applications from staff and board members Current Stockton Policy with regard to allocations N/A although this is similar to Stockton’s Homes to Go initiative. All offers of accommodation to Staff Members, Board Members, Ward Councillors and/or their close relatives are authorised by the Head of Housing (SBC) and Housing Director (THL) Evidence received from: Evidence received from: Erimus Homechoice (Middlesbrough) Including reference to Erimus’ current and draft future policies -No dogs -Community lettings initiatives Your Choice Homes (Newcastle) 19.1 If a property has been formerly advertised with a descriptive property labelling criteria for 1 cycle and no suitable applicants are identified, the property will be re- advertised as “Property of the week” with suitable incentives to encourage applicants on the scheme to bid for it. The property will be offered to the first suitable applicant who has made a bid on the property of the scheme, providing the applicant meets the eligibility criteria and satisfactory verification checks are completed. If properties have been formally advertised twice without a successful let, Housing Manager can decide to market the property as an ‘open market property’. These are available to the first suitable customer. This is placed at the discretion of local managers and can potentially include those who have been deemed ineligible if deemed appropriate. All such applications are screened by the Manager of Your Choice Homes. 20.2 Erimus Board Members, Erimus staff or their close relatives are entitled to join the scheme and can register in the normal way. They will also, where applicable, be given priority in the normal way. However if they are successful in their bid, prior to a formal offer of accommodation being made authorisation from senior officers within Erimus and Middlesbrough Council must be sought. Officer Recommendations Advise to adopt Middlesbrough’s policy DCLG proposed Code of Guidance states “Hard-to-let property might be one which had already been advertised under the choice based lettings scheme and had received no expressions of interest – a ‘first-come, first served’ basis will usually be appropriate.” Retain current policy which is the same as Middlesbrough 22 Appendix 2 Discretionary policy options Acceptances Current Stockton Policy with regard to allocations N/A Evidence received from: Evidence received from: Erimus Homechoice (Middlesbrough) Including reference to Erimus’ current and draft future policies 21.1 Occasionally an applicant of the scheme may be successful in bidding for more than one property. In which case, the applicant can choose which property to accept, once the verification checks are completed. The rejected property will be allocated in turn to the next qualifying applicant on the scheme. Your Choice Homes (Newcastle) Officer Recommendations Applicants are considered for both properties. No guidance but what Middlesbrough propose appears sensible. No penalty is imposed. Applicants are re-assessed on against their new situation. No guidance but clearly there needs to be a penalty imposed. Middlesbrough’s reflects our current policy. If the applicant is a homeless priority, the homeless officer dealing with the case will contact the applicant to confirm the ‘one offer’ of accommodation. Deliberate worsening of circumstances An applicant who has deliberately worsened their housing circumstances may not receive a points increase for one year. The applicant has the right to appeal against the decision through the ‘right of review’. 22. If an applicant deliberately worsens their housing circumstances in order to receive more preference within the scheme and improve their chances of being rehoused, e.g. terminated a tenancy for no apparent reason and moves into a household causing overcrowding, a Senior Officer in the Homechoice Team will review the application and decide if the application is to be suspended. The application may be suspended for a minimum period of 12 months. 23 Appendix 2 Discretionary policy options Reviews and appeals Current Stockton Policy with regard to allocations Evidence received from: Evidence received from: Erimus Homechoice (Middlesbrough) Including reference to Erimus’ current and draft future policies 24.1 All applicants of the scheme can request a review of a decision provided they do so within a period of 21 days from the date of the decision. Whilst the initial request may be verbal they should be advised to make a written representation detailing the full reasons why they think the decision is wrong, and to supply any additional information that they feel may help their case will be required. Any person with literacy difficulties will be provided with assistance upon request. Your Choice Homes (Newcastle) Officer Recommendations Appeals procedures are clearly defined; appeals can be made against eligibility decisions, length of customer’s current tenure, denial of priority status and reasonableness of offer made through priority status or a housing management let Appeals valid if received within 21 days of original decision. 24 Appendix 2 Discretionary CBL options Involvement of Registered Social Landlords within a scheme Evidence received from: Evidence received from: Erimus Homechoice (Middlesbrough) I Your Choice Homes (Newcastle) Although Homechoice mainly advertises Erimus’ housing stock, 50% of other available RSL properties eg Endeavour, Accent are advertised through the CBL scheme. YCH initially concentrated on involving RSLs from the start. YCH involves 10 RSLs alongside Newcastle City Council’s ALMO, Your Homes Newcastle. Work is ongoing to ensure that 100% of RSL properties are advertised within the CBL scheme. A sub-regional RSL group has been set up and is keen to be involved with the development of policies and procedures. Most of the RSLs in the group have experience of CBL due to their connection with Erimus Homechoice. ‘Some of the larger RSL’s operate in different parts of the country, meaning they are concerned about becoming involved in several different schemes either regionally or nationally, as multiple systems create additional costs for them. However RSL’s do recognise that the development of a sub regional scheme alleviates some of these concerns as they will be given the opportunity to contribute to one single scheme within the sub region.’ Tees Valley Feasibility Study Guidance Code of Guidance states that the Secretary of State recommends schemes work with RSLs in their district so that the majority of social housing is advertised through CBL and: - ‘best use is made of the available social housing in the district’ - ‘applicants are offered the widest choice of accommodation and, as far as possible, a single point of access to that accommodation.’ Sub-regional: If an RSL property is advertised through a sub-regional scheme, the Code states that it should be made clear which housing authority is the nominating authority, and which authority’s allocation scheme applies to which property. 25 Appendix 2 Discretionary CBL options Involvement of private landlords within a CBL scheme Evidence received from: Evidence received from: Erimus Homechoice (Middlesbrough) I Your Choice Homes (Newcastle) Erimus are looking to involve private landlords through the development of the sub-regional scheme: An accreditation scheme is in place for Private Landlords already and now the Private Landlord Forum has been incorporated into the process. There is a recognised need to get empty properties back into circulation. YHN are to provide investment in order to do this, and then YCH will act as their letting agent. A sub regional private landlord group has been established and is represented by key officers within the local authorities in the sub region. The main aim of this group is to organise a private landlord event across the sub region, to ensure that landlords are aware of the key role they play within the sub regional CBL agenda. Erimus believe that potentially this brings the benefits of a wider choice of housing for customers, with landlords gaining from a wider client base and verification checks on applicants, covering such things as past history of Anti-Social Behaviour. Due to the nature of the housing market, landlords increasingly see their properties as a capital investment; therefore, they need reassurance that any investment will be protected before they join any CBL scheme. YCH aim to provide such assurance, for example re. anti-social behaviour, by providing an effective verification check on the backgrounds of potential tenants. Guidance Code of Guidance acknowledges the role private landlords can play in further widening the housing options available for customers; but it draws attention to the need to highlight differences in type of tenure at the property advert stage, in particular: ‘that the tenant will acquire more limited tenancy rights than in respect of local authority or RSL accommodation’ and ‘the basis on which the landlord will select the successful bid, if this differs from the basis on which successful bids for social housing vacancies are selected.’ Cont. below 26 Appendix 2 Discretionary CBL options Evidence received from: Evidence received from: Erimus Homechoice (Middlesbrough) I Your Choice Homes (Newcastle) Guidance Councils and housing providers are in the position to be able to provide information on sustainable areas in order for landlords to make an informed choice on where to invest in, and then rent out, properties. Wider involvement of private landlords would provide another element towards a fully comprehensive housing options approach. Private landlords have shown a willingness to provide 2-year tenancies if they can gain the reassurance they need. YCH are looking at rent guarantee schemes to help facilitate the process if it comes to fruition. 27