DRAFT SUBJECT TO APPROVAL OF HOMECHOICE BOARD CHESHIRE HOMECHOICE PROCEDURES FOR COMMON ALLOCATION POLICY Version 2. Cheshire Sub-Regional Choice Based Lettings Partnership Providing housing solutions through choice, to applicants across Cheshire East November 2012
Contents 1. Introduction 2. Eligibility Criteria 3. Vulnerable people and hard to reach groups 4. Administration 5. Applications & Initial Assessments 6. Priority Bands Detailed Assessment of Needs 7. Assessments Other Considerations 8. Advertising properties 9. Bidding, Short listing and Further Verification 10. Lettings results 11. Offers of Tenancy 12. Offer & Allocation 13. Reviews and Appeals Page 3 3 6 9 10 11 25 29 31 33 34 36 37 Appendix 1 Criminal Convictions Appendix 2 Schedule 1 Offences 2
1. Introduction This procedure document links to the Cheshire Homechoice (CHC) Allocations Policy version 2 (2012) which is available online at www.cheshirehomechoice.org.uk The CHC Partnership aims to:- House people with serious housing need Give people choice and control, where possible, over where they live Contribute to sustainable neighbourhoods Ensure that properties are let efficiently, fairly and transparently Overview CHC is a housing Partnership that gives applicants choice about where they want to live. The CHC Partnership enables applicants to choose where they want to live by Expressing interest in (bidding on) available properties on a weekly basis. The CHC Partnership operates a single Common Housing Register which all applicants must join to be considered for a property. 2. Eligibility Criteria Age Applicants aged 16 and over can apply to the Common Housing Register. Applicants under 18 will ordinarily only be offered a tenancy if they have a guarantor. Existing tenants Existing Partnership tenants must also apply via CHC, there are no separate arrangements. To register, existing tenants must normally have held their current tenancy for a minimum of twelve months and must have conducted their tenancy in a satisfactory manner. Immigration Under the terms of the Immigration and Asylum Act 2002 applicants subject to immigration control cannot be let a home. If an applicant indicates that they are from abroad and their status is not obvious, staff will need to take copies of a passport, immigration status letter from the Home Office or other relevant documentation to determine eligibility. If the applicant is not an eligible applicant the CHC Partnership will notify them in writing, giving the reasons for the decision and informing them of the right to request a review. The address for enquiries about immigration status is: Home Office Immigration Status Enquiry Unit Luna House 40 Wellesley Road Croydon Surrey CR9 2BY Telephone: 0870 606 7766 3
UKBApublicenquiries@ukba.gsi.gov.uk Persons from Abroad A person (defined by s13 (2) of the Asylum and Immigration act 1996 ) may not be allocated accommodation under Part 6 if he or she is a person from abroad who is ineligible for an allocation under s.160za of the 1996 Act. There are two categories for the purposes of s.160za: (i) a person subject to immigration control - such a person is not eligible for an allocation of accommodation unless he or she comes within a class prescribed in regulations made by the Secretary of State (s.160za(2)),and, (ii) a person from abroad other than a person subject to immigration control - regulations may provide for other descriptions of persons from abroad who, although not subject to immigration control, are to be treated as ineligible for an allocation of accommodation (s.160za(4)). Persons subject to immigration control The following categories of persons do not require leave to enter or remain in the UK: i) British citizens ii) Certain Commonwealth citizens with a right of abode in the UK iii) EEA nationals, and their family members, who have a right to reside in the UK that derives from EU law. Whether an EEA national (or family member) has a particular right to reside in the UK (or another Member State) will depend on the circumstances, particularly their economic status (e.g. whether he or she is a worker, self-employed, a student, or economically inactive) iv) persons who are exempt from immigration control under the Immigration Acts, including diplomats and their family members based in the UK, and some military personnel. Regulation 3 of the Eligibility Regulations provides that the following classes of persons subject to immigration control are eligible for an allocation of accommodation: i) a person granted refugee status: granted 5 years' limited leave to remain in the UK ii) a person granted exceptional leave to enter or remain in the UK without condition that they and any dependants should make no recourse to public funds: granted for a limited period where there are compelling humanitarian or compassionate circumstances for allowing them to stay. However, if leave is granted on condition that the applicant and any dependants are not a charge on public funds, the applicant will not be eligible for an allocation of accommodation. Exceptional leave to remain (granted at the Secretary of State's discretion outside the Immigration Rules) now takes the form of discretionary leave. iii) a person with current leave to enter or remain in the UK with no condition or limitation, and who is habitually resident in the UK, the Channel Islands, the Isle of Man or the Republic of Ireland (the Common Travel Area): such a person will have indefinite leave to enter (ILE) or remain (ILR) and is regarded as having settled status. However, where ILE or ILR status is granted as a result of an undertaking that a sponsor will be responsible for the applicant s 4
iv) maintenance and accommodation, the person must have been resident in the Common Travel Area for five years since the date of entry. a person who has humanitarian protection granted under the Immigration Rules: a form of leave granted to persons who do not qualify for refugee status but would face a real risk of suffering serious harm if returned to their state of origin (see paragraphs 339C-344C of the Immigration Rules (HC 395)) Recent caselaw known as Zambrano has amended regulations 4 and 6 of the allocation of Housing and Homelessness (eligibility) (England) regulations 2006. These sections prescribe the classes of persons who are not subject to immigration control but who are treated as persons from abroad who are ineligible for an allocation of housing accommodation or for homelessness assistance under Parts 6 and 7 of the 1996 act respectively. Regulations 15A (1) and 4(a) of the EEA amending regulations give effect to the Zambrano right by providing for a national from a non EEA country, who is resident in the UK and is the primary carer of a British citizen,to be granted right of residence in the UK where not doing so would mean that the British citizen would have to leave the European Union. Other persons from abroad who may be ineligible for an allocation By virtue of regulation 4 of the Eligibility Regulations, a person who is not subject to immigration control and who falls within one of the following descriptions is to be treated as a person from abroad who is ineligible for an allocation of accommodation: (i) a person who is not habitually resident in the Common Travel Area (ii) a person whose only right to reside in the UK is derived from his status as a jobseeker (or his status as the family member of a jobseeker). (iii) a person whose only right to reside in the UK is an initial right to reside for a period not exceeding three months under regulation 13 of the EEA Regulations (iv) a person whose only right to reside in the Common Travel Area is a right equivalent to one of the rights mentioned in (ii) or (iii) above and which is derived from EU Treaty rights The following persons from abroad are eligible for an allocation of accommodation even if they are not habitually resident in the Common Travel Area: a) an EEA national who is in the UK as a worker (which has the same meaning as in regulation 6(1) of the EEA Regulations) b) an EEA national who is in the UK as a self-employed person (which has the same meaning as in regulation 6(1) of the EEA Regulations) c) a person who is treated as a worker for the purposes of regulation 6 (1) of the EEA Regulations, pursuant to the Accession (Immigration and Worker Authorisation) Regulations 2006 (ie nationals of Bulgaria and Romania required to be authorised by the Home Office to work until they have accrued 12 months uninterrupted authorised work) d) a person who is a family member of a person referred to in (a) to (c) above e) a person with a right to reside permanently in the UK by virtue of regulation 15(c), (d) or (e) of the EEA Regulations f) a person who left Montserrat after 1 November 1995 because of the effect of volcanic activity there g) a person who is in the UK as a result of his deportation, expulsion or other removal by compulsion of law from another country to the UK. 5
A person who is no longer working or no longer in self-employment will retain his or her status as a worker or self-employed person in certain circumstances. However, accession state workers requiring authorisation will generally only be treated as a worker when they are actually working as authorised and will not retain worker status between jobs until they have accrued 12 months continuous authorised employment. Family member does not include a person who is an extended family member who is treated as a family member by virtue of regulation 7(3) of the EEA Regulations Non qualifying persons due to Unacceptable Behaviour Under Section 160ZA of the Housing Act 1996, any applicant (or a member of their household) who is guilty of unacceptable behaviour serious enough to make him/her unsuitable to be a tenant, will be classed as non qualifying for an allocation. In most circumstances this means anti-social behaviour or significant/persistent rent arrears sufficiently serious for a court to have granted possession of a property. Less serious levels may result in Reduced Preference see P21 of these Procedures. 3. Vulnerable people and hard to reach groups CHC has established links with other agencies and groups working with vulnerable or harder to reach applicants. These include local authority homeless services, social services and voluntary and community groups. CHC gives applicants an active role in the lettings process and encourages them to bid on empty properties. The CHC Partnership is committed to identifying barriers to the participation of vulnerable people in the scheme. CHC will: Ensure that vulnerable people are empowered to have control over their housing options and are able to exercise choice about where they live Identify ways in which the scheme can be expected to enable vulnerable people to participate in CHC Ensure information on vacant properties is as accessible as possible Ensure support is available to applicants who may need it Equip statutory and non-statutory agencies in their understanding of the choice based lettings process for the purpose of advocacy for their service user Provide information about CHC in a range of formats to meet the needs of vulnerable people This will be achieved by:- Ensuring that all applicants are given equal opportunities to benefit from CHC Ensuring that vulnerable applicants are able to achieve similar or improved outcomes under CHC and are not disadvantaged Ensuring that applicants are empowered to make their own choices and decisions and to identify support needs. 6
In terms of support needs, to participate in CHC, the following groups are generally considered to be vulnerable for the purpose of access: Older people People with a learning disability People with mental health issues Homeless households Young people or care-leavers People with substance misuse issues People who have recently left an institution or rehabilitation People with medical issues Physical disability Visual impairment People who have literacy problems People from Gypsy and Traveller communities People who have fled domestic violence or other serious harassment People who do not speak English as their first language People who are vulnerable through their offending behaviour It should not be assumed that applicants in the above groups are automatically vulnerable; for example, older applicants may be active retired people who are quite able to access any information. Also, some people who are not included in the above groups will need support too. Therefore every applicant must be considered as an individual. However, it is important that the appropriate support is in place to ensure accessibility for all, should this be required. Barriers to choice based lettings CHC has highlighted 3 barriers to choice based lettings, which could impact on vulnerable people: Access to information on housing options Access to methods of bidding Capacity to make decisions Reasons for the barriers are: Accessing information: Literacy Speakers of other languages Chaotic lifestyles Perceptions of service and likely outcomes Lack of knowledge Visual impairments Learning difficulties Mobility issues Geographical isolation- rural communities Currently housed away from the Cheshire East area 7
Mental health issues Profoundly deaf Accessing bidding: Chaotic lifestyles Learning difficulties Visual or hearing impairment Geographical isolation Mental health issues Literacy Speakers of other languages Decision making: Life skills Confidence Chaotic lifestyles Learning disability Mental health issues Access to bidding Vulnerable groups often have a network of support in addition to that provided by supporting agencies such as family, friends and neighbours. Bids will be allowed from any of these groups. Information regarding an application will be given to a nominated advocate only with the approval of the applicant. There will be a range of methods to bid, which will include: online at www.cheshirehomechoice.org.uk At one of the partner offices Over the telephone All CHC staff will be available to assist people with bidding. It will be important for staff and advocates to identify applicants who may need support around accessing the service and bidding e.g. ability to use the internet. Providers of supported housing will be able to enable and support service users who are seeking to move on through the CHC Scheme. The CHC Partnership will: Train staff to help and support people to use CHC Engage with statutory and non-statutory agencies that can or already support vulnerable applicants Provide information on the properties available via the website and a newsletter available at CHC Partnership offices Ensure staff will be able to explain information to people who may be visually impaired, have literacy issues, or who may need guidance to bid or make decisions Provide clear information in Partnership offices to explain who is eligible to join the housing register, how to apply and how to bid 8
Provide a printed newsletter of property adverts by post and email to geographically isolated people or people with mobility issues, who request this. Publicise the bidding cycle to avoid confusion Supported housing services The CHC Partnership has three types of accommodation specifically for those requiring Supported housing. These are:- Extra care housing These are specifically designated for applicants with high support need to live independently. To be eligible the applicant must be aged 55 over and have been assessed by an extra care panel as needing this type of accommodation. All allocations to these properties will be classed as direct lets. Sheltered housing schemes This type of accommodation is for applicants who can live independently and are able to manage alone with support offered by a community Support services and a lifeline system, should it be necessary to seek help in an emergency. This includes applicants over 55 who can live independently with the aid of a social services care package. Applicants who are disabled may be considered for sheltered housing. Supported housing These properties are available for those applicants who have a support need but who are independent and need a low level of support offered by Community support services. They may also have lifeline system fitted should it be necessary to seek help in an emergency. This includes people who can manage alone with the aid of a Social Services care package. Applications for Supported housingeligibility for all of the above schemes will be carried out by a CHC Advisor. Applicants will be advised of their eligibility for property before being permitted to place a bid. 4. Administration Staffing and Key tasks The administration of CHC will be conducted by all partners. Key responsibilities of Cheshire East Council based staff are: Supporting applicants through the registration process Determining eligibility Assessing applications against the policy, changing status and awarding priority bandings Investigating issues Collecting evidence as required Informing applicants of their status and banding 9
Preparing accurate information for adverts, including property photographs where appropriate (photographs may often be representative of a property), for nominations Assistance with bidding Signposting to other services Key responsibilities of Partner Landlords: Preparing accurate information for adverts, including property photographs where appropriate (photographs may often be representative of a property) Short listing applicants for properties Applying for appropriate references Re-assessing applications at the point of allocation Arranging viewings of properties for successful applicants Customer feedback and the dissemination of the results of allocations will automatically be generated for public access and is accessible via the single point of customer access online or via any partner. 5. Applications & Initial Assessments How applicants register Applicants can apply: Online at www.cheshirehomechoice.org.uk By telephoning 0300 123 5031 By appointment Username & memorable date A username and memorable date will be allocated to every application. These are required for security purposes and to allow applicants to bid on available properties. Should these be forgotten by an applicant CHC can be contacted for assistance in accessing the internet and resetting personal details. Applicants will be notified of outcome of their application the information will include: Verification Priority band Effective Date Username Memorable date All applicants will have their housing register application verified before they will be permitted to bid on a property and again before they are allocated a property. Evidence may be requested throughout the assessment process or when an applicant submits a change in their circumstances. 10
There is no requirement to provide additional evidence beyond answering the questions asked at application, unless requested by a CHC Advisor. Applicants may be required to provide the following documents:- Proof of identity for all applicants included on the application Proof that they are eligible applicants Proof of income and benefits being received by all household members, including child benefit for children. Other evidence as appropriate or requested Home visits CHC officers may request to visit an applicant s current accommodation to verify circumstances or conditions. If refused additional assessments or increased priority will not be assessed. References Applicants must supply 2 sources of references. Where the applicant is a tenant of either a registered provider or a private landlord one of these references must be their current landlord. Landlord references are preferable, however where these are not possible employer or character references may be accepted. References Not Satisfactory Where a reference or evidence indicates that an applicant might meet the reduced preference or ineligible criteria an applicant will be re-assessed and informed of the outcome. Ineligibility (see Procedures Section 2 and Policy Pages 8-10) Applications may become ineligible where: There are serious rent arrears to a former landlord There is a history of serious unacceptable behaviour The applicant is ineligible as a result of age or immigration status Where the CHC Advisor considers that the application should become ineligible, a letter explaining the reasons for the ineligibility should be sent to the applicant. A period of ineligibility lasts for a period of up to 12 months from the date of the letter advising of the decision. A new application will be required at this time and future applications may again be refused if any of the above ineligibility criteria apply. If further information is received to support the application, then the application will be reassessed and the applicant will be informed of any changes. 6. Priority Bands (see Policy P.15) Detailed Assessment of Needs (Band A) Statutory Homelessness 11
Where an applicant has been assessed by Cheshire East Council or another Local Authority to be statutorily homeless a copy of the section 184 decision letter must be on file. Homelessness Assessors must ensure that all the necessary information is on file in order to enable Partner officers to quickly assess and process any offer of property. At a minimum there must be: Proof of Identification to prove eligibility Medical evidence (where relevant) Proof of income/ benefits for household Proof of child dependency Proof of homelessness or threat within 28 days A source of 2 references as provided by the applicant A full housing needs assessment In the Alert Field there should be contact details for the caseworker for all registered providers to see a note indicating that the applicant should receive one offer Homeless applicants will have a limited period of choice in order to reduce time spent in Temporary Accommodation and to prevent applicants waiting in the highest priority band. This is defined in more detail in the CHC common allocations policy on pages 26 and 27. Registered providers will inform the Housing Options caseworker or the team when written or verbal offers are made in order to enable the Local Authority to discharge any homeless duty appropriately. When an applicant assessed as statutorily homeless refuses an offer, the allocating officer from the registered provider will inform the applicant that the local authority will be made aware of the refusal. There is no requirement for an allocating officer to discuss possible outcomes of refusals but the Local Authority must be informed. If in any instance the caseworker or the team are unavailable by telephone the registered provider will email the Housing Options team on housingoptions@cheshireeast.gov.uk to advise of any offers or refusals made. Where an applicant in Band A, as a result of a statutorily homeless decision, refuses an offer Partner Landlords will inform the Homelessness assessor and email the above address and wait 24 hours before formally offering a property to the next applicant on the short list. However, the Partner Landlords are permitted to contact other applicants and to discuss the possibility of an offer but it must be clear that an offer cannot be made to an alternate applicant until 24 hours has lapsed. The purpose of this is to enable the Homelessness Assessor to discuss the implications of a refusal with the applicant and to allow time for the applicant to make an informed choice. Unable to occupy current accommodation 12
In the case of Prohibition orders or Demolition orders CHC would work closely with the Private Sector Housing team. In all cases a copy of the order would be required. This assessment could also apply where an applicant is being detained in hospital or respite care due to the unsuitable nature of their current home as assessed by a hospital consultant or occupational therapist. If necessary a CHC Advisor would conduct a visit to confirm this assessment. This assessment is significantly different to an urgent need to move and would only be used where exclusion from the home is required. Downsizing An assessment of downsizing priority differs significantly from under occupation and there is a requirement of an agreement between a manager from a partner landlord and a manager from Cheshire East Council before this assessment would be confirmed. Both senior managers must confirm this in writing before a priority of this nature would be confirmed. Band B Homelessness Prevention (Band B) Homelessness prevention priority is added in order to prevent the need for a homeless duty or the use of temporary accommodation therefore there is a requirement that an applicant would need to meet the requirements of a homelessness assessment however; the threat of homelessness can be up to 3 months away. Households must however demonstrate that they are: Eligible When considering this the caseworker will look at: An applicant s immigration status Whether an applicant is habitually resident in the UK An applicant s country of origin Whether the applicant is considered to be a worker Threatened with homelessness within 3 months We will require evidence to prove threat of homelessness for example: A valid section 21 notice Evidence that a property is not affordable, confirmed by a formal assessment of income and expenditure 13
Proof that a friend or relative can no longer accommodate this can be as a result of an interview with the relative but there will in most cases need to be some communication with the relative to confirm that there is no other option Other evidence and circumstances will be considered on their own merits In priority need This definition of priority need is as outlined in section 189 (1) Housing Act 1996 Part VII as amended by Priority Need for Accommodation (England) Order 2002. In determining whether an applicant is in priority need the caseworker will ensure that appropriate enquiries have been undertaken and proof attached. Threatened with homelessness through no fault of their own The caseworker will need to determine whether the applicant/household would be deemed to be intentionally homeless as defined by Housing Act 1996 VII section 191. Examples include where an applicant may be deemed to be at fault for the loss of their accommodation are : An applicant has been asked to leave as a result of rent or mortgage arrears that they could have afforded to pay An applicant or dependent of a family has committed an act of antisocial behaviour An applicant has left or is leaving accommodation of their own accord/choice The team may contact a landlord, relative or other accommodation provider for information and evidence. Have a local connection for homelessness purposes This differs from the local connection criteria in the main body of the policy and applicants will only be considered for prevention priority if they meet the criteria set out in Housing Act 1996 VII s199 (1)in brief the criteria is that the applicant has: Lived in the area for 6 out of the last 12 months or 3 of the last 5 years. Close family in the area parents, grown up/ adult children, brothers or sister Permanent employment in the area Evidence required to support homelessness Prevention The requirement for evidence and information in these cases is key; in order to allow a rapid assessment if a property is allocated but also to enable a Homelessness decision to be made quickly if the homelessness is not prevented. At a minimum there must be: Identification for all main & joint applicants to prove eligibility Medical evidence (where relevant) Proof of income/ benefits for all household members Proof of child dependency Proof of homelessness or threat within 3 months 14
A source of 2 references Full notes from an advisor such as a typed attachment or a housing needs assessment There is also a requirement for these applicants to continue to engage with the caseworker and to bid on suitable properties. If neither of these is taking place; the caseworker reserves the right to reduce preference. Cases will be reviewed on a monthly basis and priority reduced if bids on suitable properties are not being placed. Reasons for removing prevention priority: More than one, unreasonable refusal of an offer of a property Not bidding on suitable properties Abuse of the priority waiting for a particular property or area It is the hope that applicants would move on quickly from this additional priority and the team will ensure that applicants are not blocking the process for other applicants. Living in unsanitary conditions (Band B) Declaration on an application of lack of access to facilities will not be enough to determine an assessment for living in unsanitary conditions. Only on grounds of a visit to a property or accommodation by a member of staff from The CHC Partnership or a visit from a qualified support worker from a recognised agency would an assessment of living in unsanitary conditions be confirmed. Shared facilities; facilities outside of the home and in some instances public facilities will be considered as access. This assessment does not relate to the condition of a property, such as damp etc. If a property is unsuitable for habitation then it is expected that a prohibition order or demolition order will have been served. Prohibition order or demolition orders (Band B) In all instances CHC would require advice and written confirmation from Cheshire East Council s Private Sector Housing team on file before priority would be awarded. Where repairs or problems are made right, priority will be appropriately reduced. Move on from Supported Accommodation (Band B) Applicants from supported accommodation in the Cheshire East region will be registered with band C priority in relation to their residence in a supported accommodation project. Providing they have a local connection to the Cheshire East Area. Once residents are engaging with services and ready for move on; support workers will complete the move on form with the resident and forward the signed copy to CHC. 15
CHC will then increase the priority banding of the applicant to band B. The effective date of the banding will be back dated to correspond with the original band C effective date. Applies to all applicants from YMCA Adullam Water Mill House Glegg St Supported Lodgings Scheme Other supported accommodation providers housing CEC residents for whom a space will made available for another CEC resident Local connection criteria still apply & may result in reduced preference regardless of duration of residency. Residency in a supported accommodation within Cheshire East will not enable an applicant to gain a local connection, as a result of duration of residency, unless a connection was in place prior to moving in. All structured move on will be administered by CHC and only those applicants with an outstanding homeless duty or residents facing imminent eviction will need to be dealt with by the Housing Options Team. Urgent Housing Need (Band B) ( See Policy P 18) The primary investigations for any housing need relating to a disability or illness as outlined below will be conducted from the Housing Need assessment form. In cases of Urgent Housing need, a CHC advisor may visit a property to conduct further investigations. The advice of a doctor or healthcare professional will only guide a decision and advisors will not defer decision making to another party. Adaptations Required CHC officers will aim to work closely with the Cheshire East Council Occupational Therapy Team in making all these assessments. Where adaptations are a requirement confirmed by consultation with the occupational therapy team and they cannot be accommodated in the current home, band B priority will be awarded. If an applicant is deemed to be able to afford required adaptations themselves (OT financial assessment) and elects not to fund the adaptations urgent housing need priority will not be awarded. If an applicant is on a waiting list for adaptations and there is likely to be a long wait they will be awarded the priority in the interim but once adaptations have been completed, priority will be reduced to reflect their needs. Examples of Urgent Housing need include: Need for substantial adaptations to a property, i.e. A stair lift or adapted bathroom 16
Unable to safely access a property with a wheelchair with a risk to health Need for through floor lift Need for accessible bathroom Urgent housing needs assessments will not include grab rails. Applicants will be expected to make best use of their home and it will not be considered unacceptable for an applicant to adapt their living arrangements to accommodate their needs. For example: moving sleeping arrangements to the ground floor where possible. Where the use of a property can be adjusted to improve living conditions applicants will be expected to do so and will not be awarded urgent housing need if they refuse. Space for Equipment Where additional space or rooms are required in a home to accommodate equipment CHC will require evidence from a healthcare professional or GP to confirm the type of equipment and the accommodation requirements of that equipment. When considering the need for extra rooms, CHC must take consideration of Housing Benefit eligibility. Even if an applicant is working or has sufficient funds to afford the rental top up for a larger property, the applicant must be eligible for assistance to the rental costs should their circumstances change. Risk of Harm Risks of harm as a result of Anti-social behaviour (ASB) or threats of violence will also be taken account of when considering an urgent housing need assessment. CHC will require full information and disclosure from the police or ASB co-ordinator for the identification of risks of a move, to ensure that problems are not being relocated and will not persist. Before an assessment of this level can be made there is a requirement of police or ASB coordinator involvement and the recommendation for a move must come from these supportive agencies. CHC appreciate that applicants may feel that police involvement may result in increased risk, however ongoing public protection will sit in the hands of the Police. The recommendation must be that a move is the only resolution. If there are alternative preventative measures that can be put in place an applicant will be expected to accept them and will not be awarded Urgent Housing Need priority. Lower level ASB, noise nuisance and neighbour nuisance or disputes will not be considered for this level of priority and are addressed elsewhere in the policy. Cases where there are threats of violence where an applicant has been moved but a perpetrator has discovered their new location or a perpetrator has been excluded from the home but remains a risk will also be considered as having an Urgent Housing Need. However, this assessment is dependent on advice and information from a Multi-Agency Risk Assessment Conference (MARAC). 17
CHC advisors can make referrals to MARAC and where risks are identified will do so. However, before priority can be added the advisor must await the outcome from the conference. Care Leavers When assessing if an applicant requires priority as a care leaver CHC will require confirmation of an applicant s leaving care status from the Local Authority s Leaving Care Team. The date of leaving care will be taken account of when determining if an applicant has Leaving Care priority, and only those within 5 years of the date they left care will be considered. Applicants aged 21 or over will not be considered for this priority. Care leavers with no housing need will remain in band D. However where any of the band B or C criteria apply the applicant will be placed in band B. The other needs assessments will not be conducted any differently for care leavers and applicants must meet all the requirements under the priority assessments. Band C Non- Statutorily Homeless (Band C) This priority will only be added to cases, of non-priority homeless or intentional homelessness, if a section 184 decision has been made and an appropriate letter is attached to CHC. Awaiting homeless decision (Band C) Confirmation from the Housing Options Team that a homeless application has been taken but a decision has not yet been reached. In most cases a letter confirming arrangements made under s188 would be acceptable for the assessment of this priority. Overcrowding (Band C) There is not an expectation of a CHC advisor to visit a property to make this assessment unless the claims relate to room use or room size. Assessments will be made directly from the information submitted by an applicant on their application or subsequent updates. The responsibility lies with an applicant to provide details of all the household members occupying a property for the purpose of this assessment. Both overcrowding and under-occupation rules will apply to all applicants in all types of tenure, whether lodging, private tenants, tenants of social landlords or owner occupiers. Applicants whose home is not appropriately sized for their family as a result of behavioural problems or learning difficulties may be awarded priority for overcrowding. However, there will be a requirement of supporting information from healthcare professionals, supportive services etc. In addition there will also be a requirement for confirmation from Housing Benefit for the eligibility to the benefit funding for the property size. 18
Priority for overcrowding or under occupation does not increase with the number of rooms required or empty. For the purposes of assessing overcrowding or under occupation the following criteria will be applied: Household Single Applicant Couple Person age 21 or over Single child from birth Two children, both under 10 years old Two children of the same sex, aged 10-20 Two children of opposite sex, one over 10 years old Bedroom Need Studio/ One bedroom One bedroom One bedroom One bedroom One bedroom One bedroom Two bedrooms Applicants must also be advised that if they have intentionally worsened their circumstances they will not be awarded this priority. For example: A homeowner or tenant who permits extended family members or friends to move into their property and thus causes their overcrowding OR An applicant who accepts a tenancy at an exceptionally large property and requests a move shortly after on the grounds of under-occupation Under-occupation (Band C) The assessment of this priority will be carried out in the same way as overcrowding, detailed above. Assessments will apply to tenants in privately rented properties and owner occupiers in addition to social housing tenants. Only the owner or the named tenant will be given this priority, it will not apply to household members or other residents in a property. Insecure Accommodation (Band C) see Policy P 20 For a qualified assessment of Insecure Accommodation evidence will be required. To confirm that an applicant has been asked to leave by a relative or friend a CHC advisor will need to speak with the property owner to confirm the situation and to gather evidence. In some circumstances where cases are not clear a CHC Advisor will need to visit a property. Referrals may need to be made to mediation service to help to sustain the accommodation. 19
Where a section 21 notice has been served applicants should ensure that CHC have a copy of the valid notice. CHC Advisors will determine the validity of a notice and will make appropriate efforts to ensure that a correct notice is received. Priority can be added without paperwork but for any additional priority stemming from a notice to quit, such as homelessness or prevention priority, a valid notice must be on file. Applicants without an identified priority need or who are suspected of causing their homelessness will remain in Band C and will not be awarded prevention priority. Where notice has been served ending a mooring or plot arrangement for a boat or caravan, verbal confirmation will be acceptable at this stage of assessment unless there is a requirement for further investigations. Where notice has been served ending accommodation tied to employment, verbal confirmation will be sufficient for this level of assessment unless there is a requirement for further investigations. In all instances where the risk of homelessness is within 3 months applicants should be referred to the Housing Options team for a formal assessment. For households leaving the armed forces we must be in receipt of the discharge papers before priority is added, on the grounds of their increased preference. CHC would also need to fully investigate the requirement of accommodation and if they own or rent alternative accommodation suitable and available for their occupation. Housing impact on a medical condition (Band C) For the purpose of assessing the impact of accommodation on a medical condition initial assessments will be made at the point of application; or from information provided by an applicant over the telephone or in written format. Where more information is required an applicant will be sent an additional Housing Need assessment form. Where a need is temporary as a result of an injury, priority will not be awarded. However, where surgery is required that will put right the issue, additional priority will be considered for the term up to the surgery and any required period of recuperation, however once an applicant has recovered and their housing need is resolved the priority will be reduced. Housing priority does not increase with the worsening of a medical condition unless the applicant meets the criteria for urgent housing need priority (see P.13). Housing impact on a household s welfare - (Band C) See P21 of Policy For the purpose of assessing the impact of accommodation on a household s welfare initial assessments will be made at the point of application; or from information provided by an applicant over the telephone or in written format. Applicants will be sent a financial assessment form to assess affordability. Applicants in receipt of care will be considered under the impact of accommodation on a medical condition (see above). Households with children or pregnant women (Band C) 20
Evidence of pregnancy will be accepted at assessment stage or from information provided by an applicant at interview, over the telephone or in written format. There is no requirement of medical evidence unless the evidence feeds into another assessment of need, for example urgent housing need, prevention or homelessness. BAND D All those who do not meet the criteria for Band A, B or C and are therefore classed as adequately housed Band E Local Connection (Band E) All Applicants with no local connection to Cheshire East will be placed in Band E. Local connection will be assessed from the evidence supplied on the application form. Applicants are reminded of consequences of providing false or misleading information on their application. An exception will be made for those leaving the armed forces se Policy P 22. For the purpose of assessing the local connection of applicants having left the armed forces confirmation of discharge date will be required. Time spent in temporary accommodation, supported accommodation, a bail hostel or prison will not constitute or contribute to a local connection. Reduced Preference (Band E) Reduced preference will apply to any application if a main applicant, joint applicant or anyone who might succeed to a tenancy has a history or occurrence of the following criteria. Preference will be reduced in all circumstance and decisions can be re-considered through the review period where additional evidence is presented within 20 working days. Reduced preference will be for a minimum of 6 months unless otherwise notified in writing to the applicant. Reviews will only be considered after the period of reduced preference has expired and will be conducted on request of the applicant. Property related debts & rent arrears Property related debt are defined as any charges or re-charges for which payment remains outstanding and was not covered by the tenant by means of payment or subtraction from a deposit. Rent arrears are defined as any money owed to a current or previous landlord. Applicants with rent arrears and/or property debt will only be permitted to bid on properties when they have: A sustained and agreed repayment plan in place with the landlord to whom the debt is owed 21
AND The re-payment plan has been sustained for a period of no less than 16 weeks and continues to be sustained AND one of the below The debt is below 600 in total with a non partner landlord The debt is below 4 weeks rent with a partner landlord this figure would be subject to former/ current landlord approval OR The arrears are cleared in full Applicants with property related debts exceeding 600 will remain in reduced preference until the debt is reduced to below 600. Applicants will take the responsibility of providing proof of repayments and arrears amounts. Where a re-payment plan has lapsed and is not being sustained, the application will be placed in reduced preference again until a further period of 16 weeks has been sustained. The 16 week period will start again from the date payments were reinstated. Property related debts and re-charges will be added to any total of current or former rent arrears if both exist. Partners reserve the right to check rent arrears and the existence of repayment plans up to the point of allocation/ sign up. Where an applicant has a debt relief order or a bankruptcy order and debts have been written off cases will be assessed based on their own merits. Mortgage arrears will not be considered as property related debt or rent arrears. Anti social behaviour or neighbour nuisance To confirm that an applicant has a history of behaviour that would be deemed anti-social or a nuisance CHC would need information from: Police ASB co-ordinator Environmental Health Officer Neighbourhood/ Housing Officer Former or current Landlord Cases undergoing investigations or where action has been taken to combat anti-social behaviour or neighbour nuisance will be placed in the reduced preference band (Band E). Where investigations are undergoing, if the issues are proven not to be the fault of the applicant then priority will be adjusted in line with the policy from the date that information is received by CHC from the relevant investigating organisation. The following acts will be considered as anti-social behaviour: 22
Noise Nuisance Drunken Behaviour Intimidation Harassment Abuse Criminal Behaviour (see below) Nuisance caused by pets Alcohol/ Solvent & Drug misuse Unacceptable rubbish disposal or storage Acts of domestic abuse Property damage Where an applicant or member of an applicant s household has been convicted of a serious offence that has not been spent and may pose a risk or threat to other residents may be placed in Band E. Unspent convictions (see appendix 1 for details on spent convictions) that might be considered as anti-social acts: Homicide and attempted murder Indecent assault Use of firearms Rape Serious offences against children (Schedule 1 Offences, see Appendix 2) Arson and criminal damage endangering life Wounding/gbh with intent (section 18) Wounding/gbh without intent (section 20) False imprisonment Aggravated burglary Second or subsequent offences of burglary Robbery Aggravated vehicle taking Three or more serious motor vehicle crimes which will include taking without consent and criminal damage to vehicles Dealing being concerned in the supply or intending supply any controlled drug Public order offences, nuisance, vandalism. Violence. Any offence where a racial motivation has been proved Offences relating to hate crime Breach of anti social behaviour order Each offence will be considered in relation to the risks to the public or the community. Priority will be reassessed on the request of the applicant if an applicant can demonstrate a 12 month period of improved behaviour in the community. Applicants will be expected to provide CHC with evidence of this improved behaviour, such as: Character references Support worker/ Probation references 23
References from voluntary or community work References from employers During this 12 month period is expected that an applicant would have also had no relapses in their behaviour. Where an applicant is supported by the Priority & Prolific Offenders (PPO) team or is under Multi Agency Public Protection Arrangements (MAPPA) CHC and the partner landlord will work directly with the police and other relevant agencies to ensure public protection. Assault, abuse or harassment of elected members or CHC partnership staff Assault or any unacceptable physical contact with a member of staff or an elected member will result in immediate reduced preference for a period of 12 months. Abuse and harassment of a member of staff or elected member will be investigated by an independent manager from the partnership where appropriate these could be a manager from a completely separate organisation. The member of staff and the applicant will be interviewed, in person or over the telephone. Actions or behaviour that will be taken into account are: Threats of violence Comments/ Threats relating to family members Addressing a member of staff with an aggressive or threatening tone, shouting and swearing Comments that could be perceived as a threat Comments involving the sex, race, age, religion or sexual preference of members of staff or other applicants Initially any incidents of the above will be reported directly to the affected member of staff s line manager internal investigations and procedures should be followed and where appropriate the police should be involved. However, if incidents relate to a housing applicant or the housing register, then further investigations will be conducted by an independent manager from the CHC partnership and a decision relating to reducing the preference of an applicant will be made. 2 Refusals Where a refusal is considered to be unreasonable notes must be made on the electronic application. Applicants who unreasonably refuse 2 offers of property within a 12 month period will be reported by the registered provider to CHC and the applicant will be placed in the reduced preference band for a period of 6 months. Intentionally worsening housing conditions Applicants who are thought to have intentionally worsened their housing conditions with the intent of increasing their priority will be placed in reduced preference. Applicants who wish to remain on the list but have no intention of bidding 24