Decision details
CED S317 Amending the Council's Allocation Policy for Social Rented Homes
Decision Maker: Cabinet
Decision status: Recommendations Approved
Is Key decision?: No
Is subject to call in?: No
Decision:
RESOLVED:
That Cabinet agreed to alter the Council’s Allocations Policy in line with the recommendations contained within the report, and as set out in Appendix 1, with effect from 1 May 2024.
REASONS FOR DECISION:
Hackney Council is statutorily required to have in place a published allocation scheme as set out in Part VI of the Housing Act 1996 as amended by the Homelessness Act 2002 and the Localism Act 2011.
The context in which the allocations policy operates is increasingly complex and the allocations of properties are inevitably about distributing scarce resources against huge demand. The proposed changes set out in this report seek to address the potential for misunderstanding and misinterpretation of the Council's allocation policy, and to restore the clear policy intent.
In accordance with legal advice the policy is amended at paragraphs 2.1, 2.5.4, 2.7.4, 2.7.8 & 3.2.3 to reflect compliance with the Housing Act 1996.
The Children and Social Work Act 2017 defined for the first time in law the responsibility of corporate parents to ensure, as far as possible, secure, nurturing and positive experiences for looked-after children and young people, and care leavers. This means the Council has a responsibility to:
· act in the best interests, and promote the physical and mental health and wellbeing, of those children and young people
· encourage them to express their views, wishes and feelings, and take them into account, while promoting high aspirations and trying to secure the best outcomes for them
· make sure they have access to services
· make sure that they are safe, with stable home lives, relationships and education or work
· prepare them for adulthood and independent living.
The Living in Hackney & Children and Young People Scrutiny Commission 2022 review of the housing needs of care leavers in Hackney made a detailed report setting out its recommendations.
The Allocations Policy is changed at paragraphs 2.1 and 2.7.6 to reflect the Scrutiny Commission’s recommendations regarding care leavers.
DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND REJECTED:
Care Leavers:
· Do not amend policy: This would undermine the Council’s corporate parenting role to Care Leavers and limit the options available. This has the effect of shifting the focus for housing outcomes for this cohort from the Care Leavers Team to the Benefits and Housing Needs Service. However, this support will almost certainly be to relieve homelessness rather than prevent it, as without earlier engagement with care leavers, the service will not have had the opportunity to work with them on the options available prior to the critical need for a resolution arising. As the housing crisis continues and potentially deepens, the Benefits and Housing Needs service are already finding immediate sustainable solutions extremely difficult to source, and the potential for a placement in temporary accommodation increases.
· Increase the quota - The paucity of social housing lets becoming available, means that increasing the number of quota properties would not necessarily result in an increase in care leavers achieving a social tenancy. Fulfilling the quota relies on the properties becoming available as we do not have a stock of suitable properties awaiting occupation. There is also the potential to reduce or remove the quota places for the other groups of residents leaving supported pathways and add them to the careleavers quota. Instead, the Care Leaving Service must react to opportunities as they arise, which places them in an invidious position where it must choose which care leavers are nominated without a clear assessment process with potential inconsistencies of allocation.
Homeless applicants - The allocations policy as currently worded does not fully meet the legislative intent as defined within the Housing Act 1996. Consequently, the Council is open to challenge from advocates. Failing to address this presents a reputational risk to the Council.
Publication date: 22/04/2024
Date of decision: 22/04/2024
Decided at meeting: 22/04/2024 - Cabinet
Accompanying Documents:
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