Agenda item - Draft Housing Allocations Policy

Report of Acting Executive Director, Economy, Environment & Culture (copy attached).

(1)          That it is agreed to defer consideration of the proposed new Housing Allocation policy until full consultation has taken place with existing tenants through the Housing Management Area Panels. 

25.1   The Committee considered a report of the Executive Director Economy Environment & Culture which presented a new Allocation Policy for approval.  City wide consultation was carried out from 1^st December 2015 to 29^th February 2016.  It was reported that over the last 5 years the Housing Register had continued to grow and now stood at over 24,000 applicants.  Data demonstrated that numbers in current allocation Bands A & B are relatively static, whereas the increase in numbers was within Bands C & D on the register. This reflected the lower priority given. The report was presented by the Service Improvement & Interim Homemove Manager.

25.2    The Service Improvement & Interim Homemove Manager reported that the Equalities Impact Assessment had now been signed off by Corporate Equalities with slight amendments which would be brought back to members. Paragraph 7.7 referred to the “Ealing Case” in which a comparable “working positive contribution” preference element was deemed to be unlawful for discrimination.   

25.3   Councillor Mears considered that it would be appropriate for the report to be forwarded to the Housing Management Area Panels so they could be acknowledged and informed of what was being recommended, and she would propose an amendment to this effect.

25.4   The Chair pointed out that the allocations policy was a city wide policy not funded through the HRA.  The City Wide Assembly had been consulted on the policy.

25.5   Councillor Hill stated that she was Chair of the North Area Housing Management Panel.  She was sure that the Chair’s note had notified tenants that a consultation was ongoing.

25.6   Councillor Gibson reported that he had spoken to his Area Panel and they had not been aware of the proposals, and wanted to be involved in the matter. Huge changes were being proposed and it seemed that the proposals were more draconian.  Councillor Gibson wanted to see safeguards for tenants before he would be happy to support the paper.  

25.7   Councillor Atkinson considered that the council had consulted as widely as possible.  It was a significant consultation and he thanked the Service Improvement & Interim Homemove Manager and his colleagues.  Councillor Atkinson considered that the increase to 5 years residency was fair.  74% of people who had been consulted agreed to the change.  The new policy was concentrating on those most in need. 

25.8   The Service Improvement & Interim Homemove Manager reported that the list of organisations that responded  to the consultation (as set out on pages 202 to 207 of the report) included all officers in Housing and Adult Social Care, Brighton Housing Trust, Rise, the Police, social workers, and housing associations and all BME organisations in the city.   He had also attended the LGBT Community Forum and Victim Support to explain the policy and respond to questions.

25.9   Councillor Moonan agreed that there had been a very wide and full consultation.  35% of respondents were people on the register.  Pages 182 to 183 of the agenda showed a strong response.  The current Allocations Policy was out of date and needed to change.  These were good proposals and she thought that councillors could view the bulk of the report very positively.

25.10  Councillor Mears stated that she had read the list of respondents, but stressed that there was an issue around the Housing Management Area Panels.  They should be consulted for the sake of transparency and openness.  Councillor Mears was also concerned that some aspects of the policy were draconian. 

25.11  Councillor Gibson emphasised that his concerns were not about avoiding change, but the need for further consultation, and receiving people’s views.  He wanted to hear from people who were at the ‘sharp end’, and wanted to know what other councils were doing.    

25.12  The Senior Lawyer reported that there was no statutory duty for the council to consult with the Housing Management Area Panels.  He stressed that there were elements in the current policy that were unlawful and at risk of challenges (paragraph 7.7 of the report).  The Senior Lawyer had seen four separate challenges to local authorities.  One was the ‘Ealing Case’.  Two challenges had been made last week.  There was constant pressure on allocation policies at the moment.

25.13  Councillor Mears suggested that there could be a special Housing Management Area Panel meeting to consider the policy.  This was why she was asking for the item to be deferred.

25.14  Councillor Hill asked for an agreement whereby should the report be deferred, it was agreed that the committee would consider the proposed policy following the Area Panel meetings.   It was agreed that the amendment put by Councillor Mears would not open up the whole consultation again. 

25.15  The Service Improvement & Interim Homemove Manager suggested that one event for all of the Area Panels be arranged. The views of the Area Panel representatives could be added to the consultation as an addendum.  

25.16  Councillor Druitt stressed that there was agreement to the broad issues in the policy and problems could have been avoided by councillors being consulted at an earlier stage.  Councillors need proper time to look at documents. 

25.17  The Chair asked what the impact of a Judicial Review would be following a deferral. The Senior Lawyer stressed that there would be no personal liability on individual members.  

25.18  At this point in the proceedings Councillor Mears proposed the following amendment which was seconded by Councillor Gibson.   The proposal was agreed by 6 votes in favour and 4 against.

          “That the Housing & New Homes Committee agrees to defer consideration of the proposed new Housing Allocation policy until full consultation has taken place with existing tenants through the Housing Management Area Panels.”

25.19 The proposal was agreed by 6 votes in favour and 4 against.

25.20  RESOLVED:-

(1)            That it is agreed to defer consideration of the proposed new Housing Allocation policy until full consultation has taken place with existing tenants through the Housing Management Area Panels.