Agenda item - Chairs Communications

67.6    The Chair was also able to advise the committee that the council had submitted its proposals for the summary of spending plans for the Community housing fund to the DCLG, in line with the council’s housing strategy and the Fairness Commission action plan.

67.7    The DCLG were looking for the council to set up an independent hub and the council were well placed for the hub to get up and running swiftly subject to business plan approval to establish a programme board. This proposal focused on a Brighton based solution due to demand and established connections and the council were also looking to Greater Brighton opportunities as funding had been given to most if not all authorities in Sussex.

67.8   The council aimed to be involved through membership of the programme board and the Strategic Housing Partnership. Further information would be provided once officers had received further advice and guidance from the DCLG.

67.9   The Council were also taking the next steps to consult on the Student Housing Strategy and would be sending out the scoping document on the consultation proposals to Strategic Housing Partnership members and the universities next week including a proposed timetable for the full consultation process.  A report would also come to Housing & New Homes Committee for decision / approval at each stage of consultation and completion.

67.10  As a result of the Tenancy fraud amnesty which ran from December to January, the council reclaimed 6 properties. This means that the council had been able to reclaim a total of 21 properties so far this year as a result of the tenancy fraud investigation and enforcement. This had provided much needed social tenancies to 21 households in urgent need of housing, many of whom have been waiting in temporary accommodation for some time.

67.11  As requested at Housing and New Homes committee, the Housing team along with colleagues from Mears, Internal Audit and Health & Safety were holding a Housing Repairs & Improvement Workshop on Wednesday 22 March. The Workshop would be a mixture of short presentations and discussion covering the establishment and delivery of the repairs partnership; the roles of internal audit and Health and safety. The workshop was taking place between 9.30am and 11.30am on Wednesday 22 March, in the Council Chamber at Brighton Town Hall. Invitations would be sent to all councillors to this workshop and it was hoped that members would be able to attend. 

67.12  This spring, the council would also start consulting with council tenants on changes to the tenancy agreement. The council tenancy agreement was last reviewed in 2009 and it now needed to be brought up to date. Work had been carried out with the Neighbourhood Service Improvement Group as well as managers across the service including legal services to discuss improvements and take on board legal updates. A comprehensive mix of consultation through postal information, drop in events and reports to Area panels would take place over the next 6 months, with a report back to Housing & New Homes Committee in the autumn.

67.13  If necessary, the consultation timetable would also allow the council to address the statutory requirement to introduce flexible tenancies and changes to succession. A full briefing and timetable would be circulated to councillors for their information.  

67.14  The council had also taken the opportunity to advise residents in temporary accommodation of the Government’s proposed changes to the way Temporary Accommodation management costs were paid for. The government planned to move away from the management allowance being included in Housing Benefit to an annual grant direct to the local authority based on the number of homeless acceptances per year. Whilst all the details were still not known, officers had been advised this would be implemented with effect from April 17, and felt it was important to advise residents in temporary accommodation to ensure the 1 month notice period. A full briefing would be sent to councillors and initial feedback from residents had been positive, thanking the council for keeping them informed on up-coming changes.

67.15  The council had also had a positive outcome from the Information Commissioner’s Office with regard to a recent Freedom of information challenge. Housing had received 220 FOIs in the last 12 months and it was a difficult balance to ensure transparency and compliance with the law, along with ensuring limited capacity and resources were not wasted.

67.16  The Freedom of Information Act 2000 allowed organisations to apply exemptions in some circumstances. The council applied Section 12. This exemption meant that the council did not have to comply with a request if the cost of doing so exceeded the 'appropriate limit'. The appropriate limit was, effectively, 18 hours, and applied to time spent locating and collating the requested information. 

67.17  The Information Commissioner’s Office agreed on the council’s decision to apply Section 12 – Appropriate Costs and Time Limits and if the council did provide the information within the appropriate limit, it may not be a true representation or provide accurate data to the requestor.

67.18  The Chair stated that Item 71 – New Homes for Neighbourhoods – Scheme Approval – Lynchet Close had been withdrawn from the agenda as officers had not had time to consider the  financial, legal and policy implications of an amendment received by 9.45 this morning.

67.19  Councillor Mears referred to the Council’s Constitution which stated that amendments should be received by 10.00am.  This amendment had been submitted by 10.00am. Councillor Mears asked for clarity with regard to the constitution.

67.20  The Executive Director Neighbourhood, Communities and Housing explained that if an amendment was relatively straightforward and members could easily understand all of the implications, then the amendment should be accepted for consideration.  However, if the impact of an amendment was not something that could be easily identified in the time before the Committee, then the decision the committee took could be open to challenge. The  council had to consider not only financial but legal and policy decisions, therefore in the event that officers were unable to give enough information to the committee to make a decision on that basis then officers would speak to the Chair to request that the item is withdrawn.

67.21  Councillor Mears asked for the relevant part of the constitution which made reference to instances of withdrawing an agenda item to be provided to members.

67.22  The Senior Lawyer explained that Councillor Mears was right in what the constitution said in terms of putting an amendment. However, the constitution also did provide for withdrawal of items from the agenda.  It was written mainly for full council but applied equally to committees.  The Constitution stated in Part 3.2 – Procedural Rules for Meetings of Full Council, Committees and Sub-Committees, Paragraph 7.4 – Withdrawal of items from the Agenda – “That after consulting the group leaders the mayor may remove or withdraw any items of business from the agenda for the meeting. Consultation may take place before or during the meeting and the mayor may if he/she considers it appropriate adjourn the meeting for the purposes of undertaking the consultation.”  The constitution did not say that the group leaders had to agree the decision of the Chair and the person presiding at the meeting (procedural rule 1.4) is entitled rule on what the rules mean. Legal advice had been that in this case the implications of the amendment were far reaching.  There were policy implications, and finance officers had concern that if one particular route was taken the rent for a four bedroom property would be less than some three bedroom properties.  Those matters needed to come before the committee so it could make an informed decision which would not be vulnerable to challenge.