Revised Homefinder Somerset Policy

Executive Portfolio Holder:	Sylvia Seal, Leisure and Culture
Strategic Director:	Vega Sturgess, Operations and Customer Focus
Assistant Director:	Steve Joel, Health and Wellbeing
Service Manager:	Kirsty Larkins, Housing and Welfare
Lead Officer:	Kirsty Larkins, Housing and Welfare Manager, Housing and Welfare
Contact Details:	Kirsty.larkins@southsomerset.gov.uk or 01935 462744

Purpose of the Report

The purpose of the report is to outline the proposed amendments to the current Homefinder Somerset Policy and seek agreement from District Executive to implement the revised policy.

Forward Plan

This report appeared District Executive Forward Plan with a anticipated Committee date of June 2016

Public Interest

The proposed changes in the report will change the way in which housing need is assessed when members of the public apply for social housing within Somerset. The changes may also impact applicants who are currently on the housing register, they may have their applications re-assessed and this could result in a change of banding.

Recommendations

District Executive approves the revised Homefinder Somerset Policy

To delegate authority to the Housing and Welfare Manager to approve the use of the plain English version of the policy.

Background

Homefinder Somerset (HFS) Partnership first went live in December 2008. The partnership consists of the five Local Authorities in Somerset and over forty social landlords. The HFS Partnership has undertaken a number of reviews since going “live” in 2008 in response to changes in legislation and welfare reform.

Over the last 12 months the HFS Monitoring Board has reviewed the common allocations policy in the response to ongoing changes to welfare reform and changes to the way applicants express an interest in properties.

The review has taken into account issues raised across the whole partnership. The draft policy has then been reviewed in detail by a variety of local authorities and registered provider groups. There was then a consultation exercise with applicants and stakeholders.

Proposed policy changes

The table below sets out the proposed policy changes, and the summary responses from the consultation feedback. Over 1,100 applicants (13.6% of the active register) responded to the consultation exercise, with all changes being agreed. The full version of the amended policy change found in Appendix 1.

Appendix 2 summarizes in more detail feedback from the consultation exercise, the full consultation report runs to over 100 hundred pages and is published on the SSDC website but not included in this paper Agenda. We will provide feedback to applicants on the outcome of the consultation process via the HFS website.

Policy Ref	Revised policy wording	Reason for amendment to wording and result of consultation feedback from applicants.
3.2	The main applicant is the individual named as such on the Homefinder Somerset application form. The application may include anyone that is reasonably expected to live together as part of the same household; this may include friends of the applicant. If a friend is included on the application then they will normally be expected to be a joint applicant and a joint tenant on any tenancy granted at the discretion of the landlord.	Change introduced to make clearer that when friends apply to the register, if they are housed they will be joint tenants with joint responsibility for the rent and any other charges. Consultation Response Strongly Agree/Agree - 70.7% No view – 24.1%
6.8	The following types of applicants may be exempt from the requirement for a financial assessment: Applicants who have an overriding medical or support need; Applicants applying for extra care housing from a Homefinder Somerset partner landlord; Applicants applying for sheltered housing Homefinder Somerset partner landlord; Applicants who are under occupying a Homefinder Somerset partner landlord property type that is in high demand in a specific area (excluding private rented tenants); Applicants that need to be decanted from Homefinder Somerset partner landlord accommodation; Applicants that are left in a Homefinder Somerset partner landlord property where the tenancy agreement states that the Homefinder Somerset partner landlord will provide the applicant with another property when the tenant dies. These exemptions will be dealt with on a case by case basis.	Additional categories of applicants that may be exempt from the financial assessment are suggested as follows: those applying for sheltered housing (because this is typically hard to let and not in high demand); applicants applying for extra care properties (again because this property is hard to let and not in high demand); applicants that need to be decanted (because they need to move quickly and their need to move isn’t of their making); and Those applicants that have been left in a property where they have a right to a new property (because the landlord has to rehouse these applicants and needs the usually larger property back for family housing). Consultation Response Strongly Agree/Agree – 62.2% No view – 33%
6.12	Removal of gold band under occupation	Under occupation is not a reasonable preference category within the Housing Act – it was included when the policy was originally drawn up (in 2007) because at that time 3 and 4 bedroom properties were in short supply and this banding was designed to free up these properties and make them available for families. Circumstances have now changed and 1 and 2 bed properties are now in higher demand so there isn’t the need to free up larger properties. In addition the majority of applicants in this band have never bid and it is felt that including these applicants in gold band is incorrectly stating housing need. Applicants will be rebanded into bronze and asked to complete a change of circumstances if they feel they should be banded in a higher band. This will affect the following numbers of applicants (correct at 27.4.16) MDC 81 SDC 155 SSDC 131 TDBC 163 WSC 41 Total 571 Consultation Response Strongly Agree/Agree – 73.5% No view – 16.9%
6.12	Supported Housing: The applicant resides within a short-term Supported Housing project (usually up to a maximum of two years) and is seeking to 'move-on' into independent accommodation. NB: The Project Manager of the scheme must confirm in writing that the applicant is ready for such a move and has acquired reasonable skills to sustain a tenancy. Until this time, the applicant will be placed within the Bronze Band. The effective date will be the date they entered the Supported Housing, or the date a homeless application was made, where the earliest date will apply.	This change is to correct a mistake in the current policy. The date referred to should be the effective date in band rather than the registration date. This change was not consulted upon as it is a correction to reflect the actual process that is being carried out.
6.12	Tenancy Succession Where the Local Authority receives written support from a Homefinder Somerset landlord that an applicant has been living in a social housing property within the Homefinder Somerset area but has no legal right to succession on that property and the landlord confirms that they intend to pursue possession of the property, or the applicant needs to move to a different property in order to make best use of stock, then the applicant may be placed into gold band. The applicant will be subject automatic expressions of interest after a 9 month period. Please refer to section 26.8 for further details.	This change was added to enable landlords to move applicants in order to make the best use of stock. Consultation Response Strongly Agree/Agree – 60.1% No view –36%
6.12	Disrepair: Based on the conditions identified by the local authority, it has been shown that your home has Category 1 hazards, Bands A - C (Housing Health & Safety Rating System) that CAN be resolved or reduced to a Category 2 hazard within 6 months and/or has shown that your home has Category 2 hazards, Band D (Housing Health & Safety Rating System).or at least 4 Category 2 Hazards of any rating. In all cases the landlord must be informed of the hazard in order for this banding to apply.	This change has been put forward to make clearer the requirements for a disrepair banding and to make clear that the landlord must be informed in all cases. Consultation Response Strongly Agree/Agree – 81% No view –15.3
Other Homeless: Homeless/threatened with homelessness applicants not accepted by the Homefinder Somerset partners under Part VII of the Housing Act 1996 or who have nowhere to live (e.g. No Fixed Abode 'NFA'). This band will be awarded 2 months before the expiry date of a valid notice to quit.	We have made clear when this banding is awarded in terms of the timescale to the expiry of the valid notice to quit. This has been happening in practice for the past 5 years we have added it to the policy to make this clearer to applicants. Consultation Response Strongly Agree/Agree – 62.3% No view –35.7%
6.12	Removal of silver band children in flats banding	This banding reason was introduced when the policy was first agreed back in 2007. Circumstances have now changed and it is felt reasonable that applicants with children that are under 10 should be able to be housed in flats and should therefore not be given a reasonable preference if they are already living in a flat. This will affect the following numbers of applicants (correct as at 27.4.16) MDC 82 SDC 81 SSDC 73 TDBC 56 WSC 23 Total 317 These applicants may well be reassessed as silver because of other housing needs. Consultation Response Strongly Agree/Agree – 53.3% No view –27.3%
6.12	Bronze Accepted An Offer That Doesn’t Meet Needs The applicant has accepted a tenancy and moved into accommodation that does not meet their housing needs.	This paragraph has been rephrased to make it easier for applicants to understand what it means. Not consulted on as this is a rewording of the policy not a change.
6.12	Bronze Sheltered Housing/Extra Care No Local Connection Applicants applying for sheltered housing or extra care housing that have no local connection and no other housing needs.	This has been added to make it easier to let these types of properties (which are typically very hard to let) by encouraging applicants without a local connection to join the register for these properties. Consultation Response Strongly Agree/Agree – 59.2% No view –29%
7.3	Removed in revised policy	This has been removed as it was felt that emergency banding was too high for this circumstance and it is now covered within gold band tenancy succession. Consultation Response Strongly Agree/Agree – 63.5% No view –31.4%
8.2	In order to give additional priority to the following groups: (a) Serving members of the armed forces or those that have served in the last 5 years. (b) serving members of the Armed Forces who need to move because of a serious injury, medical condition or disability sustained as a result of their service (c) bereaved spouses or civil partners of those serving in the regular forces where (i) the bereaved spouse or civil partner has recently ceased, or will cease to be entitled, to reside in Ministry of Defence accommodation following the death of their service spouse or civil partner, and (ii) the death was wholly or partly attributable to their service (d) serving or former members of the Reserve Forces who need to move because of a serious injury, medical condition or disability sustained as a result of their service In these cases the effective date will be backdated two years from the date of application. The backdating can only be used once by any applicant.	Clause a) has been reworded to make clear that it applies to those that are serving OR are former members of the armed forces that have left the services in the last 5 years. In addition we have now made clear that the backdating of the registration date to give additional priority will only be given once. Consultation Response wording change Strongly Agree/Agree – 60.4% No view –37% Consultation Response backdating change Strongly Agree/Agree – 57.2% No view –39.6%
9.1	If an applicant changes address and wishes to remain on the register a new housing register application must be completed within 28 days of the date of the change of address occurring.	This change has been put forward to make clear to applicants that they have a limited time period within which to tell us about their changes in circumstances. We have removed the facility for applicants to notify their changes to the LA by telephone as applicants are pushed towards the online form. Telephone help will still be given to vulnerable groups. Consultation Response addition of 28 days Strongly Agree/Agree – 77.7% No view –16.7% Consultation Response removal of telephone facility for change of address Strongly Agree/Agree – 78.1% No view –13.5%
13.1	Applicants will be able to express an interest for selected properties that match the needs of their household. A maximum of two people can share a bedroom. Household members living together as a couple will be assessed as requiring one bedroom unless there are exceptional circumstances. To calculate the bedroom eligibility we normally allow one bedroom for: • A single applicant or couple (married or unmarried) We normally allow one additional bedroom for: • Any two children of the same sex under the age of 16 • Any two children under 10 irrespective of sex • Any other person aged 16 or over • Any other child, (other than a child whose main home is elsewhere) • A carer who does not live in the household but provides a household member with long term overnight care	We have added in the words ‘normally’ in order to provide flexibility to allow more than two children to share a bedroom if the applicant wants to do this in order to express an interest in a smaller sized property. Consultation Response Strongly Agree/Agree – 47.5% No view –29.3%
13.5.3	The main or joint applicant has adult child/children in full time education and their main and principle home is with the main or joint applicant. Except where the child /children is in rented accommodation for the purposes of attending their full time education course where an additional bedroom cannot be granted (except where this accommodation is for term time only). Evidence for this will be required (e.g. halls of residence letter, tenancy agreement).	This change has been introduced to make clear that applicants with children in full time education who are away from home that live in accommodation that is for term time only will be granted an additional bedroom. Consultation Response Strongly Agree/Agree – 67.9% No view –23.1%
13.5.5	The main or joint applicant is pregnant. If the expected baby would mean a change to the existing bedroom need of the household an additional bedroom can be granted on receipt of evidence of expected delivery date. If the award of an additional bedroom would affect the banding of the application this will not take effect until confirmation of the birth is received.. Evidence will be required for this (e.g. the main or joint applicant adding new child’s details to the application by completing an online change of circumstances or receipt of a birth certificate.).	We have removed the reference to the MATB1 form as this is now not given to pregnant applicants but they are given an expected delivery date. Not consulted on as this isn’t a change we have a choice over.
13.6.2	There is evidence that a member of the main or joint applicant’s household has the need for regular overnight care. Under normal circumstances an additional bedroom will not be given for short periods of incapacity or for recovery periods from serious operations /illness. Only one additional bedroom may be granted under this criterion. Evidence for this could include a care plan, occupational therapist report/letter, medical professional report/letter.	We have removed the requirement that a qualifying benefit must be in payment as this wasn’t felt to be a useful evidential requirement for the need for the additional bedroom. Consultation Response Strongly Agree/Agree – 60.7% No view –29%
14.1 – 14.7	14. Medical & Welfare Assessments (For the purposes of the medical and welfare assessments the applicant or the member of the household affected will be referred to as the individual). 14.1 The approach when banding under medical and welfare is to focus on how the individual’s medical and welfare issues and their general well-being could be improved by a move to alternative accommodation. Account will be taken of: The individual’s medical or welfare condition; The affect the current property / environment has on the individuals medical or welfare condition; and How moving to an alternative property would help the individual’s medical or welfare issues or improve their general well-being. 14.2. The Homefinder Somerset scheme reserves the right to request supporting evidence when banding under the medical or welfare criteria. Evidence from a third party is mandatory when considering the award of Gold or Emergency band. Any evidence submitted should be from a professional person who has first-hand knowledge of the individual and the environment they live in. The professional should advise of the individual’s medical or welfare condition and give their professional opinion on the affect the current property / environment has on the individuals medical or welfare condition. 14.3 A medical professional could include an Occupational Therapist, a Doctor, a Community Psychiatric Nurse or a Consultant. A professional worker could include a Social Worker, Environmental Health Officer, Health Visitor or Housing Officer. The Homefinder Somerset scheme is aware that professional time is at a premium and do not expect applicants to specifically request medical professionals to write letters. Reports and letters from the applicant’s consultant to the applicant’s Doctor for example may be sufficient. It should be noted that any fees that applicant’s incur to provide this information cannot be reimbursed. and do not expect applicants to specifically request medical professionals to write letters. Reports and letters from the applicant’s consultant to the applicant’s Doctor for example may be sufficient. It should be noted that any fees that applicant’s incur to provide this information cannot be reimbursed. The final decision on applicable banding will be made by housing officers from the relevant local authority. 14.4. The medical and, or welfare issues of any individual can be assessed as follows: Medical (i) Physical condition/illness: An assessment will be made taking account of the information provided by the applicant and any medical professional who has knowledge of the individual, their conditions and the effect the current property is having on their conditions. (ii) Mental Health An assessment will be made taking into account the information provided by the applicant and any professional worker who has knowledge of the individual, their mental health conditions and the effect the current property or local environment is having on their mental health. Welfare (i) General Welfare An assessment of the property and the local environment the individual is currently living in will be made to establish whether the individual has access to reasonably comfortable, affordable and secure living standard based on the information provided by the applicant and any professional worker who has knowledge of the individual and the environment the individual is living in. Consideration of the general housing circumstances in the district, the availability of facilities, resources and services in the property and the local environment where the individual lives in will be taken into account as well as the ability of the individual to access them. (ii) Financial hardship A full assessment of the household’s income and expenditure will be undertaken to determine if the cost of the current accommodation is affordable or if it is creating financial hardship that cannot be resolved within a reasonable period of time. 14.5. All medical or welfare applications will initially be assessed by an appropriate member of the Housing Team based on the medical & welfare assessment notes in Appendix 2. 14.6. Following a medical or welfare assessment, the applicant will be informed in writing of the outcome. If the applicant does not agree with the assessment a senior officer will review the banding. If the applicant still disagrees with their banding their case will be considered by the Choice Based Letting Operational Group at the next monthly meeting. 14.7. Where an individual’s medical or welfare circumstances changes, these details should be submitted in writing together with any supporting evidence as soon as the change occurs.	This section has been completely redrafted to provide much clearer guidance on the medical & welfare assessment and under what circumstances a welfare banding could be awarded. Consultation Response Medical Agreed – 81.6% Consultation Response Welfare Agreed – 84.5%
15.1	The application form asks applicants about the condition of their current home this information will be used by other officers to assess any hazards and an additional inspection of the property may be carried out. If the applicant resides outside of the Homefinder Somerset area, then the Homefinder Somerset Partnership will contact the respective Local Authority to arrange an inspection, if required.	The underlined text has been removed because this procedure doesn’t actually occur and probably never did. The text now better reflects what actually happens in each partner. Not consulted on as this is a wording change only to reflect actual practice.
22.1	Adverts will also give information on who will be eligible to apply for the property. For example, an adapted property suitable for someone in a wheelchair may be labelled to say that applicants must require such a property.	We have removed certain text referring to the application of age labels on sheltered accommodation, as equalities advice has indicated that in all but very special circumstances the application of age barriers on adverts is in contravention of the Equalities Act. Not consulted on as change needed to comply with equalities advice.
22.4	The Homefinder Somerset housing authorities usually only accept applications to join their housing register where the main or joint applicant has a local connection to the Homefinder Somerset area (with some exceptions). Local connection can only be established by the main or joint applicant. Where applicants feel that their circumstances are so exceptional that they should be allowed to join the housing register with no local connection to the area, such applications will be assessed by the Local Authority Operational Group on a monthly basis.	The underlined text has been added to address an issue raised in a recent case (LB Ealing) where the blanket application of a local connection qualification requirement that excludes those with a reasonable preference with no local connection was contrary to the law. This amendment will give us flexibility to allow applicants with no local connection but with a reasonable preference housing need to apply to the register. Not consulted upon as change made to reduce risk of legal challenge as a result of recent legal case.
22.4	The main or joint applicant has work in the Homefinder Somerset area. The Local Government Association guidelines define this as employment other than of a casual nature. For the purposes of this policy this will be defined as having had permanent work with a minimum of a 16 hour contract per week, and without a break in the period of employment for more than three months.	We have removed a reference to working in the area for at least 6 months, as this was contrary to the Right to Move statutory instrument. Consultation Response Strongly Agree/Agree - 73.4% No view – 19.9%
22.4	Main or joint applicants that fall within the following categories will be deemed to have a local connection to Somerset. (a) Serving members of the armed forces or those that have served in the last 5 years. (b) serving members of the Armed Forces who need to move because of a serious injury, medical condition or disability sustained as a result of their service (c) bereaved spouses or civil partners of those serving in the regular forces where (i) the bereaved spouse or civil partner has recently ceased, or will cease to be entitled, to reside in Ministry of Defence accommodation following the death of their service spouse or civil partner, and (ii) the death was wholly or partly attributable to their service (d) serving or former members of the Reserve Forces who need to move because of a serious injury, medical condition or disability sustained as a result of their service (e) Applicants applying for extra care properties only (note that in the absence of any other housing need these applicants will be placed in bronze band and will only be able to bid on extra care vacancies.) (f) Applicants applying for sheltered housing only (note that in the absence of any other housing need these applicants will be placed in bronze band and will only be able to bid on sheltered housing vacancies.)	We have reworded section a) to make it clearer that this applies to both serving and former members of the armed forces. In addition section e) and f) have been added to reflect the amendment to the policy mentioned earlier whereby applicants for extra care housing and sheltered housing will be able to join the register if they have no local connection. Not consulted on as change to wording is reflected in other consultation questions which have all been agreed.
24.2	Each individual landlord is responsible for the verification of the successful applicant and discrepancies in your application will be referred back to the local authority and this may result in a change to your banding. Each applicant will be given the opportunity to view the property before making a final decision on whether to accept or refuse. Applicants will be expected to view a property within 48 hours (following contact from the landlord) and will be expected to make a decision on any offer within 48 hours of receiving the offer.	We have added in text to make it clear to applicants what the timescales are for them to make a decision. These timescales have been in place via the schemes procedures since we went live but LA partners feel it would be best if these were also reflected in the policy itself for the benefit of applicants. Consultation Response Agreed - 84.1%
26.6	Applicants approved as being, or threatened with being homeless are placed in the gold band; and are expected to use their three weekly expressions of interest against any suitable properties advertised through the Homefinder Somerset scheme. If an applicant has been unsuccessful in securing a property within four weeks of the date the applicant was accepted as being, or threatened with being homeless; the Local Authority may decide to place expressions of interest on the applicant’s behalf. The Local Authority will ensure the properties are suitable for the household in line with the Homelessness (Suitability of Accommodation) (England) Order 2012. If the homeless applicant refuses a suitable offer of accommodation, the Local Authority will consider its duty towards them as a homeless household discharged, subject to the statutory review process. The Local Authority may decide to use its power to discharge the homeless duty with a suitable Private Rented Sector Offer. In either case the gold band status for accepted as being, or threatened with being homeless will end.	This section has been reworded to reflect the practice in some LA partners with regard to gold band homelessness and the use if automatic expressions of interest within the system and how the LA partner may then discharge its homelessness duties. Consultation Response Strongly Agree/Agree – 66.4% No view – 28.9%
Appendix 1	Addition of following words into disrepair guidance Please note that with regard to Category 2 rated hazards Environmental Health staff are under no obligation to take any action with regard to these issues.	This has been added following discussions with Environmental Health staff. This now makes it clear that EH staff are under no obligation to take action for category 2 hazards. This was not consulted upon as it’s a procedural change.
Appendix 3 Medical & Welfare Guidance	This appendix has been completely rewritten to provide clearer guidance on the medical AND welfare issues that are covered by the policy. Appendix 3 gives the full changes	The appendix now provides clear guidance on the various bandings for medical and welfare situations. Not consulted upon because the changes are procedural and medical and welfare main changes have been consulted on already.

Following applicant and stakeholder feedback the partnership is currently working on a plain English version of the allocations policy. This version will not change the substance of the policy but will make it more accessible to members of the public.

Financial Implications

There are potentially some additional staffing costs due to the work involved with reassessing applicants housing need. These costs will be met within the current Housing and Welfare Budget.

Risk Matrix

Risk Profile before officer recommendations	Risk Profile after officer recommendations
Impact Impact CY R CpP CP, F Likelihood	CY R, F CP CpP, Likelihood

Key

Categories	Colours (for further detail please refer to Risk management strategy)
R = Reputation CpP = Corporate Plan Priorities CP = Community Priorities CY = Capacity F = Financial	Red = High impact and high probability Orange = Major impact and major probability Yellow = Moderate impact and moderate probability Green = Minor impact and minor probability Blue = Insignificant impact and insignificant probability

Council Plan Implications

Homes

To work with partners to enable the provision of housing that meets the future and existing needs of residents and employers we will:

Minimise homelessness and rough sleeping.

Carbon Emissions and Climate Change Implications

None

Equality and Diversity Implications

Equality Impact Assessment has been carried out across the HFS partnership.

Privacy Impact Assessment

There are no impacts on privacy.

Background Papers

District Executive Report Revised Homefinder Somerset Policy 03/10/13

Appendix 2 - Homefinder Somerset - 2016 Allocation Policy Consultation Feedback