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Wirralhomes
An Allocations Policy for the Council and Registered Social Landlord Partners in Wirral
December 2004
Revised November 2005
Redraft 31.January.2006 and 2 February 2006
Corrected 2 March 2006
Corrected 11 April 2006
CONTENTS
Introduction
Aims And Objectives
The Wirralhomes Quota System
Registration
Advertising Vacancies And Making Expressions Of Interest
Lettings Criteria
People In Urgent Need To Move
Homeless People
People Living In Clearance Areas
Nominations
The Selection Process
Verification Checks
Housing Management Lettings
Wirral Access
Other Lettings
Ineligibility
Suspension
General Appeals And Reviews
Announcement Of Lettings
Monitoring And Evaluation
Equal Opportunities
APPENDICES
List Of Council One Stop Shops In Wirral
List Of Wirralhomes Partner RSL Housing Offices
HMRI Rehousing Strategy In Regeneration Areas
Suspension Policy
Steering Group Membership And Terms Of Reference
Housing Access Panel Membership And Terms Of Reference
Wirralhomes Appeals and Review Procedure And Time Scales
Introduction
Wirralhomes is a Partnership of Registered Social Landlords (RSLs) in the Wirral area who have formed an `Allocations Policy' for the letting of their housing stock in the Borough. The Allocations Policy is based on a quota system, which gives people some choice over where they want to live within the constraints of availability of accommodation across the Borough. The RSLs currently operating in the scheme are: -
Arena Housing Association
Beechwoood and Ballantyne Community Housing Association
CDS Housing Association
Cosmopolitan Housing Association
Leasowe Community Homes
Liverpool Housing Trust
Maritime Housing
Riverside Housing
Rodney Housing Association
Venture Housing Association
Wirral Methodist Housing Association
Wirral Partnership Homes
The Wirralhomes Service is provided by the Council on behalf of the RSLs listed above. However the RSLs still retain the responsibility for lettings decisions whilst Wirralhomes are responsible for the registration, advertising, receipt of expressions of interest and assisting vulnerable applicants and assisting people with `Urgent Need Status'.
This Allocations Policy has been agreed by the Council and all RSLs listed above.
Aims and Objectives
The following Aims and Objectives outline the Wirralhomes Scheme: -
A changed lettings culture from one of gate keeping and paternalism to one of more customer choice within the constraints of the availability of accommodation in Wirral;
Stimulate new markets and interest in social housing in Wirral in order to tackle problems of empty and unpopular housing;
Increased customer commitment to the homes they occupy as a consequence of self-selection;
Contribute to the development of balanced communities and sustainable regeneration;
Improved product image and changed market perceptions of social housing;
To improve the quality of service to vulnerable customers and to assist in realising wider social inclusion objectives;
To build and strengthen partnerships with agencies and stakeholders to deliver effective joined-up solutions.
The Wirralhomes Quota System
The Wirralhomes Allocations Policy aims to ensure that people who are in urgent need to move home receive reasonable preference in seeking accommodation, as set out by the Homelessness Act 2002, but that people who are not in urgent need to move, including people who have been good tenants in the past, also receive good opportunity to move home to meet their expectations and aspirations. To ensure that this is achieved a Quota System is applied which ensures that in any given tranche of available properties, all people on the register are given reasonable opportunity to move home.
The Quota System applies only after a proportion of properties have been set aside for homeless people, people requiring housing management moves and any properties suitable for the Wirral Access service. This is explained further in Sections 8, 13 and 14.
In defining the Urgent Need criteria the Council has applied the reasonable preference criteria in the Housing Act 1996, as amended and the ODPM Guidance on the Allocation of Accommodation.
Therefore the remaining properties are advertised and allocated on a weekly quota basis as set out below: -
Group 1 properties
Two-thirds of vacancies will be set aside for `Any applicant but Urgent Need will be applicable' i.e. the advertisement for these properties will specify that people with Urgent Need Status or people not in receipt of Urgent Need Status are eligible to express their interest. These are known as Group 1 properties.
(Please note: People with Urgent Need Status will be given preference for these vacancies).
Group 2 properties
One-third of vacancies will be set aside only for `People who are not in Urgent Need to Move', i.e. the advertisement for these properties will specify that preference will not be given to people in Urgent Need to move and, for instance, this category may be used to reward existing good tenants as a transfer policy for landlords. These are known as Group 2 properties.
(Please note: People in receipt of Urgent Need Status can apply for the vacancies advertised in this category but only their date of registration not their Urgent Need Status will be taken into account).
Quotas will be set on a weekly basis based on the properties available for advertisement and the categorising of vacancies within the identified quotas will be determined by the Wirralhomes Team in partnership with the Partner RSLs within the Wirralhomes Service.
This will ensure that the quota is applied on a weekly basis and a fair proportion of vacancies fall within each quota.
RSLs may specifically request that particular vacancies fall within certain categories, for instance, to allow preference to be given to existing tenants. However, this will be applied within the need to apply fair quotas, based on the supply of accommodation for advertising each week.
Registration
People who want to take part in the Wirralhomes Scheme must be registered on the Wirralhomes Database. They will be required to provide the necessary information and proof of circumstances for their application to be processed. Making an application authorises Wirralhomes and Partner RSLs to obtain information to verify application details, as required. The information provided by the applicant will be used in accordance with the guidelines in the Data Protection Act 1998.
Wirralhomes operates an open registration scheme. Any person over the age of 16, regardless of tenure or financial circumstances can register an application. However, before an offer of a property is made references and other checks may be made by the landlord who owns the vacancy including:
Confirmation of identification;
Suitable references;
Previous/current rent arrears records;
Property damage;
Anti-social behaviour.
The Wirralhomes Team will manage the Wirralhomes Database. However, registration onto the database will be made possible via a number of channels, such as: -
Telephone registration to the Wirralhomes Team;
Housing Registration Form;
Visit to a Council One Stop Shop;
(Internet registration is also planned in the foreseeable future).
Appendix 1 to this Policy shows a list of Council One Stop Shops in Wirral.
Assistance will be given to those who need help in completing their registration or who have a language or literacy difficulty. People with disabilities may also require assistance and home visits can be arranged.
Shortly after an applicant has registered onto the Wirralhomes Database they will receive written confirmation, which will include: -
Their individual Wirralhomes registration number to be used in all contact with the Wirralhomes Team;
Registration date;
Details of where they can access the property advertisements and how they can express interest in vacancies.
Wirralhomes will not accept registrations from the following groups of people: -
People under the age of 16;
People who are subject to immigration control or ineligible by law (see Section 16).
Wirralhomes may also deem a person ineligible to be registered onto their database based on a previous record of anti-social behaviour and / or breaches of tenancy (see Section 17).
Applicants registered on the Wirralhomes Database must renew their application annually when requested to do so by the Wirralhomes Team. If applicants fail to re-register when requested to do so, their application will be cancelled.
Advertising of Vacancies and Making Expressions of Interest
The Wirralhomes Team will produce weekly advertisements of available properties which will be advertised in a variety of ways including: -
Local press
Registered Social Landlord (RSL) Housing Offices;
Council One Stop Shops;
Internet (www.wirralhomes.net);
Direct Mail (to vulnerable people or people who are unable to access adverts);
Other Community Facilities, such as local community centres.
Appendix 2 to this Policy shows a list of Wirralhomes Partner RSL Housing Offices.
Vulnerable people who need assistance to access the advertisements will be helped by the Wirralhomes Team who will arrange any appropriate support. Links with support and advocacy agencies will be developed to ensure that vulnerable people are identified and to ensure they can access the most appropriate services.
The property advertisements will contain information relating to the size and type of the property, its key features and any relevant local facilities in the community. The advertisement will also include the Lettings Criteria, which identifies the type of applicants that will be given preference for the particular vacancy (See Section 6).
New vacancies will be advertised on a Wednesday and applicants will be required to express their interest by 2.00 pm on the following Tuesday. Applicants will be entitled to apply for up to 2 properties each week, provided that they meet the Lettings Criteria specified in the advertisement. Alternative arrangements may be made over Bank Holiday periods.
Expressions of interest in properties must be made to the Wirralhomes Team using one of the following ways: -
Telephone to the Wirralhomes Team (0151 691 8040);
E-mail to the Wirralhomes Team ([email address]);
By Post using a `Response Coupon' from the advertisement in the local press;
Visit to a Council One Stop Shop.
When the closing date expires, the Wirralhomes Team will forward details of the expressions of interest received to the respective RSL within one working day who will then select an applicant and make an offer in line with Section 11.
6. Lettings Criteria
Individual RSLs will be responsible for setting the Lettings Criteria for properties advertised through the scheme. The Criteria must be appropriate, reasonable and fair, within the context of this Policy. However the Lettings Criteria applied by individual RSLs should be agreed with the Wirralhomes Team.
The Lettings Criteria aim to: -
Assist customers in making informed decisions when considering available property;
Enable RSLs to make best use of their housing stock;
Help to develop balanced and sustainable communities;
Allow RSLs to deliver any local lettings policies.
Applicants will be encouraged throughout the process to consider the implications of the Lettings Criteria in their selection of accommodation and there will be a requirement upon applicants to provide evidence of compliance with the Lettings Criteria as a condition of an offer of tenancy.
The nature of the Lettings Criteria for each vacancy shall be determined by the RSL but must give regard to the principles of giving greater choice to applicants over where they live, within the constraints of the availability of accommodation across the Borough.
Examples of Lettings Criteria applied to a property may include the following: -
CRITERIA |
REASON |
No children |
Due to the physical nature of the property. |
Age |
Applies where a property/scheme has been designated for certain age groups such as for sheltered housing schemes. |
Family size (number of people in the household) |
To make best use of all available bed spaces in a property. |
Preference to customer requiring support due to age or disability |
To make best use of facilities such as sheltered housing or ground-floor access. |
Preference to customer with mobility problems or a wheelchair user |
To make best use of facilities such as adaptations. |
No dogs/cats/other pets |
Where the property/scheme has a formal no pets policy. |
Landlord |
Where preference is to be given to a landlord's existing tenants. |
RSLs may choose not to apply any Lettings Criteria to a property, for instance in low demand areas to encourage the take-up of vacancies.
The use of Lettings Criteria also enables RSLs to develop and make reference to Local Lettings Policies in the management of their homes.
7. People in Urgent Need to Move
Applicants who urgently need to move home will be given an Urgent Need Status. The award of an Urgent Need Status will give an applicant priority over other applicants for many advertised vacancies. The Urgent Need Status will last for an initial period of 6 months. During this time it will be the applicant's responsibility to express their interest in available properties. Vulnerable applicants will be supported in this process by the Wirralhomes Vulnerable Support Team and/or advocacy agencies acting on their behalf if they are unable, or find it difficult, to make Expressions of Interest themselves.
Applicants with Urgent Need Status will lose their Urgent Need Status when the initial period of 6 months expires. However, the Wirralhomes Team will have the discretion to extend this period for a further 6 months if the applicant has taken reasonable steps to seek rehousing but has failed to receive an offer, for example by expressing an interest in at least one property per month for each of the six months that they have held Urgent Need Status. The Wirralhomes Team will decide whether or not applicants retain their Urgent Need Status. The Wirralhomes Team will advise all applicants approximately one month before their Urgent Need Status is due to expire.
The circumstances that could potentially lead to the award of Urgent Need Status within the scheme are described below. These definitions and criteria form the reasonable preference categories adopted by the Wirralhomes Partnership in line with the ODPM Code of Guidance on the Allocation of Accommodation published in conjunction with the Homelessness Act 2002: -
Urgent Need status due to overcrowding
Applicants who are classed as statutorily `Overcrowded' in their current home, such as applicants who are permanently living in a property which is classed as being statutorily overcrowded through statutory guidance, such as the Housing Act 1985 Part X which shows the number and age of household members and the number and size of rooms in the property. The calculations used in the Wirralhomes policy are as follows;
People
Accommodation has to be permanent and applicants need to have been living in the property for at least 6 months;
Children under 1 year do not count;
Children age 1 to 8 years count as half person;
Any person over 8 years counts as 1 person;
Sharing a room, there can be:
Couples (of same or opposite sex);
People of same sex even if age difference (However discretion to be used, i.e. it would not be expected that a mother and daughter share.
Cannot have sharing a room:
People of opposite sex (unless a couple) if one or more is over 8 years of age.
Room Size Standard
To calculate the size of bedrooms in square feet or if no measurements are provided, the room number standard is used as below:
Size |
Number of People Allowed |
Less than 50 |
0 |
50 to 69 |
½ |
70 to 89 |
1 |
90 to 109 |
1 ½ |
110 or more |
2 |
Number of Rooms |
Number of People Allowed |
1 |
2 |
2 |
3 |
3 |
5 |
4 |
7 ½ |
5 |
10 |
Each extra room |
2 extra people |
The size of a second, self contained living room is taken into consideration if there is no heating by a gas fire.
The applicant needs to provide current proof of residence for all people involved and a home visit may be necessary to confirm the details.
Urgent Need status due to unfit property
Applicants living in a property that has been declared statutorily `Unfit' for occupation by the Council's Environmental Health Section, such as severe damp problems or subsidence.
Urgent Need Status will only be granted if the Council's Private Sector Housing Renewal Section has certified that the property is unfit.
Urgent Need status due to medical grounds
Applicants in `Medical' need where their current property is adversely affecting their health and where it is felt that a move to a more suitable property may improve their health problem.
Applicants must complete a medical assessment form providing full information, which is assessed by the Wirralhomes Doctor, an experienced Independent General Practitioner. A home visit may also be necessary to confirm details.
Applicants who have mobility problems and require adapted property will also be referred to Wirral Access who operate the Disabled Person's Housing Register (see Section 14).
Urgent need status due to violence or harassment
Applicants suffering from `Violence or Harassment' which has been investigated and supported by their landlord, the Council's Anti-Social Behaviour Team, the Police or other appropriate agency, such as applicants who are part of a neighbour nuisance enquiry or applicants suffering from domestic violence.
Applicants are also advised to contact their RSL to report the incidents. The RSL will investigate in accordance with their own harassment policy and, where possible, arrange a move through a Housing Management Letting if necessary.
The applicant must complete an assessment form detailing the violence and/or harassment providing information of incidents, dates and crime numbers etc. Investigations are carried out by the Wirralhomes Team to assess whether the applicant has been a victim of violence and/or harassment. The assessment will be carried out in a sympathetic and appropriate manner.
Applicants who are experiencing domestic violence are normally dealt with as an emergency by the Council's Homeless Persons Section.
Urgent Need status due to welfare grounds
Applicants who need to move for special hardship or `Welfare' reasons as agreed by the Wirralhomes Team, such as applicants who need to move in order to give or receive care.
Decisions are based on information provided and may need to be confirmed by support agencies, such as the Council's Social Services Department.
Urgent Need status due to underoccupation
`Under-occupation' of partner RSL properties, such as applicants who are under occupying their present tenancy by at least 2 or more bedrooms which are not occupied.
Under-occupation also depends on the size and type of property requested by the applicants, for example: a single applicant or couple occupying a 3 bedroom house and having 2 spare bedrooms would be awarded an Urgent Need Status for a 1 or 2 bedroom flat or bungalow but not a 2 bedroom house in order to make best use of the available property.
Applicants must complete an assessment form due to under-occupation, which is assessed by the Wirralhomes Team.
Urgent Need status due to clearance
Applicants who need to move due to living in a current `Clearance' area, such as applicants who are living in properties which are due to be demolished and need to be rehoused as quickly as possible to avoid unnecessary delays in the progress of the Clearance schemes.
Applicants from Clearance areas within Wirral will qualify for `Clearance Priority' which awards them the equivalent of Multiple Urgent Need Status for properties in neighbourhoods within approximately 2 miles of where they are currently living. Additionally applicants in Clearance areas will receive a single Urgent Need Status for rehousing across the wider Borough.
In addition, applicants living outside of the Metropolitan Borough of Wirral area may apply for Urgent Need Status. However, award of the Urgent Need Status will depend upon their personal circumstances, and will be assessed in line with the criteria set out above.
An Urgent Need Status may also be awarded for a limited type of property, for example ground floor accommodation in cases of Medical needs, or a 3 bedroom property when overcrowded in a 2 bedroom property.
A maximum of 2 Urgent Need statuses may be granted to an applicant. This is known as Multiple Urgent Need Status. However all Urgent Need Statuses will cease if two reasonable offers are made and refused.
8. Homeless People
RSLs operating in the Wirralhomes Partnership will make a proportion of their vacancies available to homeless applicants who have been determined by the Council to be owed a duty to provide accommodation under the provisions of Part VII of the Housing Act 1996 as amended by the Homelessness Act 2002. The accommodation to be made available must consist of 50% of all accommodation suitable for families, (containing two or more bedrooms), which becomes available and other accommodation as required
These properties will not be advertised in the Wirralhomes scheme and will be held solely for homeless applicants to whom the Council has a statutory duty to provide accommodation. The RSLs will provide a range of properties from different areas and property types. This is required of all Partner RSLs and is monitored by the Wirralhomes Team in terms of the quantity and suitability of properties made available to assist homeless people.
This procedure will ensure that the Council can adequately meet its statutory duty to homeless people whilst at the same time offering choice to this group of applicants as stipulated in the Homelessness Act 2002, within the constraints of available stock. It also minimises the reliance on temporary accommodation, particularly Bed & Breakfast and provides for adequate move-on arrangements.
Homeless applicants will be given sole preference for these properties and every effort will be made to meet their requirements and provide choice within the constraints of availability. This high level of priority for homeless applicants is considered reasonable given the urgency of their situation.
In addition, homeless applicants can also apply for vacancies that are advertised through the Wirralhomes scheme. However, due to the exclusive access which they receive for the properties set aside for homeless people only, homeless applicants will not be awarded any Urgent Need Status due to their homelessness +when they apply for advertised vacancies. This is because homeless applicants already receive a reasonable preference via the quota system.
9. People living in Clearance Areas
There are several Clearance Schemes in Wirral that involve the rehousing of households, which needs to be arranged as quickly as possible to avoid unnecessary delays in the progress of the Clearance Schemes. It is therefore necessary to provide the residents of clearance areas with the means to find new homes as quickly as possible, preferably within their local area to ensure the sustainability of neighbourhoods where Clearance is taking place.
Under the Wirralhomes Scheme, residents from Clearance Schemes will qualify for `Clearance Priority' which awards them the equivalent of Multiple Urgent Need Status for properties in neighbourhoods within approximately 2 miles of where they are currently living. Additionally applicants in Clearance Areas will receive a single Urgent Need Status for rehousing across the wider Borough.
Clearance Priority can be awarded for applicants living in owner occupied, private rented or social housing stock, depending upon the Clearance Programme. The priority is only awarded where a price has been agreed for the property in which they are residing.
In some instances, particularly in larger properties, there may be 2 households living within one dwelling. The most common circumstances in which this occurs is when an adult child with or without their own family is still living within their parents' home. These concealed households will be awarded Clearance Priority if they wish to be rehoused separately and have lived in the property for at least the last 12 months.
Single applicants or couples who have a Clearance Priority may, within certain boundaries, express interest and be offered similar properties to their present home even if they do not fit the lettings criteria. For example a single applicant or couple occupying a two bedroomed house may apply for an advertised 2 bedroom house which specifies a family with children. However, the individual RSL may use their discretion as to whether to proceed with the offer.
For further clarification , see Appendix 3 the HMRI rehousing strategy in Regeneration areas.
10. Nominations
This Policy in effect gives Wirralhomes nomination rights for a proportion of vacancies as landlords are entitled to allocate a proportion of vacancies as Housing Management Lettings or formal nomination agreements with Wirral Access and other agencies e.g. Leaving Care scheme, Stonham etc.
Wirralhomes will also have at least 75% nomination rights for new build homes (including supporting people schemes) provided by partner RSLs and will advertise the availability of new build schemes in Wirralhomes advertisements in order to compile its nominations.
Wirralhomes also has nomination arrangements in place with RSLs who are not formal partners of the Wirralhomes Scheme but who hold stock in Wirral.
11. The Selection Process
Wirralhomes will be responsible for the marketing of the properties, which will include the production of the property advertisements. They will also give advice to applicants, receive expressions of interest in properties and pass these expressions back to the RSL Partners.
However, the Selection Process remains the responsibility of the RSL who shall ensure that their Lettings Criteria is appropriate, reasonable and fair and is in line with the general principles of the Wirralhomes Allocations Policy as described in Section 2 and agreed with the Wirralhomes Team.
The Selection Process will be carried out by the RSL who will adhere to the rules of priority as specified below. These rules are all subject to satisfactory verification checks as illustrated in Section 12. Applicants who do not pass satisfactory verification checks may therefore not be offered a property.
Landlords operating the Selection Process will apply the following rules of priority where more than one applicant applies for one of their properties: -
Group 1 properties
Selecting a tenant for a property for which any applicant may apply but priority is given to those people who are in Urgent Need to move (Group 1 properties):
Applicants in Multiple Urgent Need Status will take priority over applicants with Urgent Need Status;
If more than one applicant with Multiple Urgent Need Status applies for a property, priority will be given to the applicant who has held the Multiple Urgent Need Status for the longest time;
If more than one applicant with an Urgent Need Status applies for a property, priority will be given to the applicant who has held the Urgent Need Status for the longest time;
If more than one applicant applies for a property and none of them have Urgent Need Status, they will be prioritised based on the length of time they have been registered onto the Wirralhomes Database.
Group 2 properties
Selecting a tenant for a property for which any applicant may apply but no priority is given to those people who are in Urgent Need to move (Group 2 properties):
If more than one applicant applies for a property, they will be prioritised based on the length of time they have been registered onto the Wirralhomes Database.
(Please note: People in receipt of Urgent Need Status can apply for the vacancies advertised on this category but only their date of registration not their Urgent Need Status will be taken into account).
If a Partner RSL advertises a vacancy and subsequently within one month, receives a further vacancy of exactly the same property type, same size and in the same street as the original vacancy, then the Partner RSL may let its new vacancy from the list of Expressions of Interest compiled for the original.
If an RSL advertises a property and receives no expressions of interest they may then use any reasonable means to find a suitable applicant for their property. This may involve re-advertising the property as readily available on a first-come, first-served basis or other marketing initiatives. The Wirralhomes Team will support RSLs in the marketing of their readily available homes.
If a Partner RSL has readily available properties (meaning that there are more than one vacancy of the same type, size and location) then it may let its readily available stock from one original readily available advert for up to ten weeks.
When applicants have been successful in moving home into social housing, the registration of the applicant on the Wirralhomes Database is automatically cancelled. However, the applicant can re-apply at any time and will be given a new registration number and a new registration date.
12. Verification Checks
The Wirralhomes Team or Partner RSLs may carry out Verification Checks at any stage of the application process. The purpose of the Verification Checks is: -
To ensure that the details provided by the applicant are correct;
To ensure that the property is suitable for the applicant;
To ensure that the applicant receives the correct level of priority;
To ensure that the applicant meets the Lettings Criteria;
To check that there are no outstanding rent arrears from a social landlord; rechargeable debts or history of anti-social behaviour (similar issues arising from private rented sector tenancies may also be taken into account if appropriate).
The onus will be on the applicant to provide truthful and honest information required to carry out the Verification Checks, including the giving of necessary consent for information to be obtained. If the applicant withholds consent for any reasonable information being gathered as part of the application process or deliberately gives false information as part of the application process, this may affect them being made an offer of accommodation.
The Verification Checks may involve any reasonable information in relation to the application. This may involve one or more of the following: -
Confirmation of identification of the applicant and their household;
Confirmation that the applicant meets the Lettings Criteria for a particular property;
Current or previous rent arrears with any social landlord or private landlord who is registered with the Council's Landlord Accreditation Scheme;
Current or previous property damage;
Current or previous evidence of anti-social behaviour;
Suitable references from previous landlords, employers or other appropriate persons.
If the applicant meets the RSL's Lettings Criteria and the Verification Checks are satisfactory then they shall be formally offered the tenancy of the property. If an applicant does not meet the criteria or pass the Verification Checks then they will be advised why they will not receive an offer. It is the responsibility of RSLs to be satisfied that their own Verification Checks have been sufficiently thorough before an offer is made.
13. Housing Management Lettings
There will be certain exceptional circumstances when vacant properties managed by the Partner RSLs will not be advertised. The following are situations where RSLs may need to use vacant properties for their own management purposes such as: -
Decants
Accommodation that may be required following emergencies, such as fire, flood or serious harassment or other major incidents;
Witness Protection Scheme lettings;
Any other reason as required by the RSL.
Housing Management Lettings will account for no more than 10% of an RSL's total lettings in any given year and landlords will advise the Wirralhomes Team of the numbers and addresses of Housing Management Lettings carried out.
14. Wirral Access
Wirral Access or the Disabled Person's Housing Register has been developed by Wirral Information and Resource Centre to make it simpler for people with disabilities and / or mobility issues to search for suitably adapted properties. The partner RSLs which are also partners of Wirral Access will pass any vacancies which have been adapted to Wirral Access for matching with suitable applicants.
Applicants who are registered on the Wirralhomes Database and indicate that they are disabled / have mobility issues will be referred to Wirral Access. The applicant will be accepted onto the Wirral Access register if appropriate. The applicant may also remain on the Wirralhomes Database and apply for advertised vacancies.
15. Other lettings
The partner RSLs may develop formal nomination arrangements with other organisations. These will mainly be concerned with the rehousing of vulnerable applicants, for example the Leaving Care scheme, HELP scheme, move-on accommodation from hostels including Stonham Housing, Forum Housing Association.
16. Ineligibility
There will be certain circumstances when an applicant may be deemed ineligible to be registered on the Wirralhomes Database. These are listed below: -
Persons from abroad who are subject to immigration control under Section 160 of the Asylum & Immigration Act 1996 are ineligible to be registered except:-
Existing tenants;
British Nationals;
EEA Nationals;
Persons subject to immigration control who have been granted Refugee status;
Persons subject to immigration control who have been granted Exceptional Leave to remain;
As above granted Indefinite Leave to remain;
Persons subject to immigration control who are nationals of a country that has been ratified by the European Convention on Social and Medical Assistance;
Applicants living in the Common Travel Area for 2 years prior to their application for housing;
EU Accession Policy.
The Wirralhomes Team is responsible for this service.
17. Suspension and Limited Application
The Wirralhomes Suspension Policy is attached to this Policy as Appendix 4
Applicants who have a history of antisocial behaviour and/or breaches of tenancy may be suspended from the database or the priority of their application may be limited as follows;
Suspension
The registration of some applicants on the Wirralhomes Database will be suspended at the agreement of the Wirralhomes Team for reasons such as: -
Applicants who have a history of anti-social behaviour and/or breaches of tenancy which is serious enough to make them unsuitable to be a tenant. Behaviour must have been serious enough for the landlord to have been granted a possession order under Section 84 of the Housing Act 1985. The behaviour must have been likely to cause nuisance or immoral or illegal activities. The applicant need not have been a tenant at the time they were causing the nuisance.
If the Wirralhomes Team is satisfied that an applicant falls within this category they will be deemed to be suspended from registering on the Wirralhomes Database and they will not be considered for housing by any of the RSLs operating in the Wirralhomes Partnership.
In making this decision, the Wirralhomes Team will consider all the relevant evidence and also the circumstances and level of housing need of the individual applicant. The period of suspension will normally last for an initial period of 2 years. The applicant will be informed in writing, stating the reasons why they have been deemed suspended and the evidence they will be expected to provide to indicate an improvement in their behaviour and / or tenancy record.
Prior to the expiry of the period of suspension, the Wirralhomes Team will decide whether or not a further period of suspension should apply and the applicant will be advised of the review decision accordingly.
If an applicant wishes to appeal over a decision of the Wirralhomes Team in relation to applying the Suspension Policy this will be undertaken by the Rehousing Services Manager or Manager (Wirralhomes Team). If the applicant is dissatisfied with the outcome, the review will be heard by the Wirralhomes Steering Group and if the applicant is still dissatisfied with the outcome, the review may be heard by the Housing Access Panel.
The Terms of Reference for the Wirralhomes Steering Group and the Housing Access Panel are attached to this Policy as Appendices 5 and 6.
The Wirralhomes review procedure and timescales are shown in Appendix 7
Other limits to the application
Applicants who are have been found responsible for less serious anti-social behaviour or breaches of tenancy may be entitled to register on the Wirralhomes Database but their application may be limited.
The circumstances where this would apply are: -
Applicants with rent arrears from a current or former social landlord where they have failed to make and keep a reasonable arrangement to make payments;
Applicants who have caused nuisance in a former property by consequence of their anti-social behaviour, immoral or illegal activities. This behaviour will have caused distress or harm to other residents but may not necessarily have entitled the landlord to an order of possession;
Applicants who have caused damage to a social landlord property where there is an outstanding rechargeable debt;
Applicants who have abandoned a social landlord tenancy.
(Similar issues arising from private rented sector tenancies may also be taken into account if appropriate).
Their application will be limited as follows;
Withholding Urgent Need status
Applicants who fit the criteria for the award of an Urgent Need status will be allowed to register onto the database but they will not normally be awarded an Urgent Need Status except by the agreement of the Rehousing Services Manager or Manager (Wirralhomes Team). However, they will still be entitled to accrue priority based on their date of registration.
Restriction of registration date
Applicants who do not fit the criteria for the award of an Urgent Need status will be allowed to register on the Wirralhomes database but they will not receive the benefit of their date of registration when the expressions of interest for a property is short listed. These applicants will be positioned at the end of the shortlist for the property.
The Wirralhomes Team will decide if it is appropriate to either withhold an applicant's Urgent Need Status or restrict the Registration Date. In making this decision they will give regard to the overall level of housing need of the applicant and balance this against the seriousness of the behaviour or tenancy breach.
The applicant will also have a general right to request a review of a decision made by the Wirralhomes Team to withhold an Urgent Need Status or restrict a registration date. This will be undertaken by the Rehousing Services Manager or Manager (Wirralhomes Team). If the applicant is dissatisfied with the outcome, the review will be heard by the Wirralhomes Steering Group and if the applicant is still dissatisfied with the outcome, the review may be heard by the Housing Access Panel.
RSLs operating in the Wirralhomes Partnership may wish to withhold an offer of accommodation based upon their own local policies or for management reasons. Should this be the case the applicant will have the right to request a review of this decision by invoking the RSL's respective complaints procedure.
All requests for reviews and appeals against decisions taken must be submitted in writing to Wirralhomes within 21 days from the date of notification.
18. General Appeals and Reviews
Applicants have the right to request a review of how their application has been dealt with and Reviews are likely to centre around 2 main areas of the application process, which are: -
Issues connected with their Registration on the Wirralhomes Scheme;
Issues connected with the Selection Process for a particular property.
Appeal against a Wirralhomes Registration Decision
The Wirralhomes Team will deal with all requests for a review concerning any issue in relation to an applicant's registration with the Wirralhomes Scheme. The request for review must be made in writing. Such a review may cover any issue concerning their Wirralhomes Registration. This may include: -
Decision not to award Urgent Need Status;
Decision to deem an applicant ineligible to register on the Wirralhomes database;
Suspension of Urgent Need Status;
How their application was processed.
If the applicant is not satisfied with the review decision made by the Wirralhomes Team the matter will be referred to the Rehousing Services Manager or Manager (Wirralhomes Team)as a Stage One complaint. If the applicant is still not satisfied, the matter will be referred to the Wirralhomes Steering Group as a Stage Two complaint and if the applicant is still dissatisfied, it may be heard by the Housing Access Panel as a Stage Three complaint.
The Wirralhomes review procedure and timescales are shown in Appendix 7
Appeal against a Selection Process Decision
All requests for a review, which relate to any issue about the Selection Process for a particular property will be dealt with by the respective RSL. Applicants can initially write to the respective RSL and for their case to be considered through the RSL's complaints procedure.
Any issue that relates to the Selection Process for a property will be dealt with in this way. This may include: -
The decision not to offer an applicant a particular property;
The decision to withhold or withdraw an offer based on anti-social behaviour or neighbour nuisance;
Lettings Criteria used for a property;
The nature of Verification Checks made by the RSL.
The final decision in dealing with matters relating to Suspension, Appeals and Reviews is with the Housing Access Panel. If applicants are still dissatisfied then they may seek other forms of external redress, such as the Ombudsman or through the relevant legal process.
All requests for reviews and appeals against decisions taken must be submitted in writing to Wirralhomes or to the appropriate RSL within 21 days from the date of notification.
The Chart below shows the structure for decision making in relation to the Wirralhomes Service. This includes matters relating to Suspension and dealing with Appeals and Reviews:
19. Announcement of Lettings
The RSL shall be responsible for the signing up of the new tenant once they are satisfied those checks against the Lettings Criteria and Verification Checks have been completed.
The RSL must advise the Wirralhomes Team of details of a letting that has taken place within one month. The Wirralhomes Team will publish details of previous lettings that have taken place through the scheme on a regular basis. This will provide useful feedback for applicants who wish to check on the progress of the expressions of interest they have made for particular properties. Information about lettings for homelessness applicants, Wirral Access and other nomination schemes will also be published.
Only successful applicants will be notified directly of the outcome of the letting application.
20. Monitoring and Evaluation
The Wirralhomes Team will monitor each Partner RSL's adherence to the Wirralhomes Allocations Policy. This may include: -
Their use of the Lettings Criteria;
Adherence to the Selection Process;
Lettings made outside of the Wirralhomes Scheme, such as Housing Management Lettings.
BME statistics on a quarterly basis
Each partner RSL will provide lettings and void monitoring information on a monthly basis
The Wirralhomes Steering Group and Housing Access Panel will monitor the Wirralhomes Team and Partner RSLs. The Steering Group will be represented by Senior Officers from the Council and Senior Officers from all of the Partner RSLs operating in the Wirralhomes Scheme.
The Housing Access Panel will comprise of RSL Board Members, Council Members and Community Representatives.
Any major changes in policy or procedures in connection with the Wirralhomes Scheme will need to be ratified by the governance procedures of all the partners operating in the Scheme.
Details of all lettings by RSLs will be provided to the Wirralhomes Team on a monthly basis and partner RSLs agree that Wirralhomes may assess individual lettings decisions to satisfy that the Policy is being adhered to.
All Partner RSLs will be required to agree and adhere to Service Level Agreements with the Wirralhomes Team relating to the delivery of this Policy and this will be monitored accordingly by the Wirralhomes Team.
21. Equal Opportunities Statement
The Wirralhomes Partnership is committed to identifying and removing disadvantage in its services and is working towards improving access to housing services for all members of the community.
Help can be arranged for people who need it in registering for housing through the Wirralhomes Scheme or finding out about available properties. For applicants whose first language is not English, the Wirralhomes Team can arrange for an appointment to be made with an interpreter and/or provide a translation service for all forms and publicity material if required.
We can also provide information in appropriate formats for people with sight difficulties and people with sensory, physical or mental health difficulties.
It is encouraged that the Wirralhomes Vulnerable Support Officers are advised if an applicant needs this additional support as we are committed to compliance with all relevant Equal Opportunities legislation in the provision of the Service.
Appendix 1
List of Council One Stop Shops in Wirral (opening hours vary):
Bebington One Stop Shop
The Village Wirral CH63 7PL
|
Liscard One Stop Shop Dominick House St Albans Road Liscard Wirral CH44 5XS |
Birkenhead One Stop Shop CH41 6JD
|
Moreton One Stop Shop Wirral CH46 8TN
|
Bromborough One Stop Shop
Job Centre
|
New Brighton One Stop Shop New Brighton Community Centre 1A Hope Street New Brighton Wirral CH45 2LN |
Eastham One Stop Shop (at front of Library) Mill Park Drive Eastham Wirral CH62 9AL
|
Rock Ferry One Stop Shop Wirral CH42 3TD
|
Heswall One Stop Shop Heswall Library Telegraph Road Heswall Wirral CH60 0AF
|
Seacombe One Stop Shop CH44 8ED
|
Hoylake One Stop Shop Hoylake Job Centre Market Street Hoylake Wirral CH47 2UE
|
Upton One Stop Shop Wirral CH49 0UE
|
Appendix 2
List of Wirralhomes Partner RSL Housing Offices:
Arena Housing Association 14 Columbus Quay Riverside Drive Liverpool L3 4DB Telephone; 01744670221
|
Maritime Housing Wirral Office, The Glass Barrel Market Street Birkenhead Wirral CH41 6AE Telephone; 0151 650 3200 |
Beechwood and Ballantyne Community Housing Association 1 Beechwood Drive Prenton Wirral CH43 7ZU Telephone0151 488 7676 |
Riverside Housing Wirral Office 69-71 Argyle Buildings Birkenhead Wirral CH41 6AB Telephone; 08451110000 |
CDS Housing Association Baltimore Buildings 13-15 Rodney Street Liverpool L1 9EF Telephone; 0151 263 5220
|
Rodney Housing Association 4th Floor, State House 22 Dale Street Liverpool L2 4TR Telephone; 0151 236 0010
|
Cosmopolitan Housing Association Cosmopolitan House 2 Marybone Liverpool L3 2BY Telephone;0151 227 3716 |
Venture Housing Association Wirral Area Office 21 Clifton Road Birkenhead Wirral CH41 2SE Telephone; 0151 709 0159 |
Leasowe Community Homes 89-91 Twickenham Drive Leasowe Wirral CH46 2QA Telephone; 0151 678 0110
|
Wirral Methodist Housing Association Oswald House 42 Hamilton Street Birkenhead Wirral CH41 5AE Telephone; 0151 647 5471 |
Liverpool Housing Trust 12 Hanover Street Liverpool L1 4AA Telephone; 01928796000 |
Wirral Partnership Homes 6 Europa Boulevard Birkenhead Wirral CH41 4PE Telephone; 0151 606 3000 |
Appendix 3
Rehousing Strategy For Housing Market Renewal Areas In Wirral
Purpose
This document is intended to give working guidelines for those staff delivering clearance and rehousing programmes through housing market renewal.
Principles
Consistent principles need to be established in order to ensure that staff can advise residents regarding their rehousing options. Residents will be given clear details that will enable them to make informed decisions about their future housing. This strategy will cover:
detail of commitments that can be made about reprovision;
entitlement to homeloss and disturbance/compensation payments;
phasing
decant arrangements
entitlement to priority for rehousing
status of concealed households
financial products available through the Housing Market Renewal Initiative.
Commitments Regarding Reprovision
During the consultation process leading to a decision regarding clearance, any commitments made to local residents will be honoured wherever possible. The right to access a new home as part of the redevelopment will be discussed with the community during the consultation phase.
Social rented property will be provided by a declared Registered Social Landlord largely through funding from the Housing Corporation and in accordance with principles agreed with the local authority and the community.
Low cost affordable homes for owner occupation will be provided through a variety of means. These products are discussed in greater detail later on. Officers from the local authority will work with individuals to develop the most suitable product combination for their financial situation. Whilst every effort will be made to secure the outcome requested by each household, the Council is not in a position to promise home owners that they will not have any increase in their housing costs. However this will be minimised in all cases. Low cost homes for owner-occupation will be developed by the Council's preferred developer. For instance, in Tranmere and Rock Ferry this is Lovell Partnership Ltd.
Shared ownership properties will be provided as appropriate to each scheme. This will generally be funded through the Housing Corporation. The aim of shared ownership is to allow those that cannot afford to buy through low cost home ownership options but wish to become home owners. There will be the option to buy different percentages of the property and the option to staircase at a later date up to a maximum of 75%. Rent will be payable on the remainder of the property stake on a pro-rata basis.
Private rented property will not initially form part of the portfolio of options on offer to residents moving into brand new developments. One of the objectives of housing market renewal is to redress the over-supply of privately rented property in the area. Any private tenants who wish to be considered for renting in that area may express an interest in any new RSL properties that may be built. Otherwise they may access properties through the Wirralhomes scheme or move to another existing privately rented property elsewhere.
Properties will also be built across the Housing Market Renewal area by the Council's preferred developer and other developers, which will be available for sale on the open market at relevant market prices.
Reference to existing tenants or private landlord tenants not being able to access ART Loans. Equality Loans should be made here. Also that they will be assisted where possible.
Homeloss and Disturbance entitlements
Tenants of a private landlord or a Registered Social Landlord will be entitled to receive the statutory homeloss payment of £3,800 after the sale of their home has been agreed with their landlord and providing they have lived in the property for more than 12 months. This payment will be made once the property sale has completed and when the tenant has moved to a new home. This is to ensure that vacant possession can be delivered to the local authority to facilitate the clearance process. Tenants will also have associated disturbance costs reimbursed by the Council. These can cover:
Disconnection and reconnection of cooker, satellite television dish and telephone;
Redirection of mail;
Removal costs;
Refitting of carpets & curtains.
Owner occupiers will be paid the value of their home as agreed with the Council or the value set via Compulsory Purchase Order Action. They will also be entitled to an additional homeloss payment of 10% of the purchase price of their home, subject to a minimum of £3,800 up to a maximum of £34,000. This payment is made as part of the transaction to acquire the property. A disturbance allowance is also provided to cover the reasonable costs of moving house, as previously described for tenants.
All homeloss and disturbance payments will be administered by the Council.
Homemovers Service
Once clearance action is declared, each household, regardless of tenure, will be allocated a Home Ownership Advisory Officer from the Council who will inform them of their rehousing options and the financial assistance available to them and guide them through the process of moving home, where relevant, and their relocation either on a temporary or permanent basis.
Free independent financial advice is available to existing homeowners who are planning to buy a new home. Homeowners are given the choice of a panel of Independent Financial Advisors (IFAs) from the IFA list held by the Home Ownership Advisory Officers (HOAOs) and referrals are then made by the HOAOs. The fee for using the services of an IFA from this list will be paid for (within reason) by the Council.
Assistance will be given to people to identify alternative rented accommodation. If help is required with the moving process staff will be available to offer guidance and additional support is available from the Wirralhomes Team.
Decanting Arrangements
Residents will be decanted in accordance with the local plan unless agreed by the Council. Every effort is being made to minimise disruption to individual households. All residents are consulted on their rehousing requirements. Where appropriate, people are to be given the choice of a temporary or permanent move dependant on whether they wish to stay in the area and wait for a new home. However, those who opt for a temporary move to allow them to access the new properties once they are built will only be entitled to one homeloss payment, which will be payable on the final move. Associated disturbance expenses will be paid twice. There will be discretion to award homeloss payments on the first move to residents over 65 or those in particularly ill health.
Residents moving to a tenancy outside of the clearance area through one of the RSL partners of the Wirralhomes Service will be granted a tenancy appropriate to their legal entitlement, i.e. if tenants currently have an assured tenancy then a further assured tenancy will be granted by the landlord of the new property.
Temporary decant arrangements may be in place either using arrangements specifically designed for the individual scheme. Every effort will be made to allocate any available properties in line with household need. Household circumstances will be considered in every case to ensure the best use of existing resources. Factors that will be considered in the allocation of temporary accommodation are as follows:
Desire to remain in the local area;
Medical need;
Social factors e.g. need to remain near family to fulfil caring responsibilities, children in local school, etc;
Vulnerability.
Enhanced Priority for Rehousing
Under the existing Wirralhomes rehousing policy for RSL properties, Urgent Need Status (UNS) is only awarded to individuals that fit certain criteria and only after a price has been agreed for the property in which they are residing. This will facilitate the rehousing of individuals requiring rehousing for clearance purposes and will assist them to find alternative accommodation. Under the quota system now operated, UNS applies for 2/3rds of the Borough's social housing available through Wirralhomes with the remaining 1/3rd of homes being let by a date order scheme. A second UNS is granted for those people living in a clearance area who express an interest in a property that falls within a 2 mile radius of their current home. This further enhances their chances of being offered a particular property close to where they live. It also offers an incentive to people to remain within the locality of their current home.
Concealed households
Consideration has been given to the number of households that currently live with another family within the clearance area. Due to the existence of a number of larger homes there are several cases known where 2 households or more live within one dwelling. The most common circumstances in which this occurs is when an adult child with or without their own family are still living within their parents' home. These households will be treated with the same priority in terms of rehousing as the household within which they live, providing they have lived as a concealed household for at least 12 months. This gives the concealed household the chance to set up home independently of other existing household members. If they are registered with Wirralhomes and apply for housing they will be granted either one UNS for a property outside of the 2 mile radius, or 2 UNS for a property within 2 miles. Concealed households will not be eligible for homeloss or disturbance payments.
Financial Assistance Products available through the Housing Market Renewal Initiative (HMRI)
Property Appreciation Loans, (or PALs), which are administered through Art Homes Ltd are intended to provide all, or the major part, of the finance required by low income owner occupiers to bridge the gap between the market value of their current home, financial compensation provided by the authority for the acquisition of the current dwelling and the purchase price of a similar replacement home. The loan is secured as a percentage of the replacement dwelling value at purchase; with the same percentage being repayable on the disposal of the property. No interest is payable until equity is released due to the disposal of the property. The eligibility of home owners for PALs will be assessed on all income, excluding pensions; means-tested benefits and disability benefit which will not be taken into account. All applicants will be supported by an Independent Financial Advisor (IFA) to ensure this is the most appropriate option for them. This financial product could assist a proportion of the owners in clearance areas who cannot afford a commercial loan and will substantially replace relocation grants after 31st March 2006. The current limit of a PAL which can be accessed is £25,000, which rises to £35,000 in exceptional circumstances.
Lovell Choice (available in Tranmere and Rock Ferry)- Wirral are working with Lovell to develop a pilot scheme for an equity-sharing new-build Home Ownership Scheme whereby new homes are sold to residents, but a charge relating to the Council's land asset is made on the property. For instance, if the homes were built each with a market value of £100,000 residents would only need to be required to fund £75,000 via existing equity or financial assistance as the Council would retain a 25% equity stake in each home based on the value of the land made available. The Council would only realise its' asset financially when the property is sold in the future. For example, if the home originally valued at £100,000 were sold for £200,000 in five years time then the homeowners stake would be £150,000 (75%) and the Council's would be £50,000 (25%)and would only be realised at the time of resale. If this pilot scheme is successful it is likely to be replicated. Outside of Tranmere and Rock Ferry similar arrangements will be negotiated with developer partners in those areas.
Relocation Grants are means-tested grants up to a maximum of £20,000 which are only available until 31st March 2006.
Services for Vulnerable Tenants
Social Services have agreed to assist with the decanting process by identifying clients who are currently receiving support services at an early stage so that the HOAO's are aware of any particularly vulnerable residents. Referrals for additional vulnerable tenants who are identified by the HOAO's will be made through the Central Advice & Duty Team Team, and where possible a named contact from Social Services will be provided for ongoing liaison between the two departments.
Residents requiring urgent adaptations to enable them to move into a new or temporary property will be assigned an Occupational Therapist by their HOAO and a schedule of works will be prepared in consultation with the Wirral Home Improvement Agency. The cost of works may be funded through Home Repairs Assistance Grant.
It is recognised that for some vulnerable tenants, moving to a new home may mean that they no longer have their established network of friends or carers to keep an eye on them. It is recommended that in addition to satisfaction surveys that are completed after the residents have moved to their new accommodation, a follow up visit will also be made by the HOAOs to ensure that they have settled well and do not require any additional support.
Local Lettings Policy
A Local Lettings Policy may be established for the allocation of new properties which may include priority for rehousing to residents currently residing in the clearance area. The local community will be consulted if a local lettings policy is produced for an area.
Living Through Change
The HMRI Living Through Change Programme provides support for those residents living through the decanting and rebuilding process. As the proportion of empty properties increases there will be a growing need for effective neighbourhood focused services. The role of the Neighbourhood Wardens will evolve during the lifetime of the project. Other services operating specifically in HMRI areas will require greater focus throughout the clearance process. Specific targeting of work by the environmental wardens, handy person service and target hardening work will increase over the coming months to ensure that residents' quality of life is sustained throughout the period of change.
The project team will engage with the Together neighbourhood management pathfinder team in Tranmere and Rock Ferry to ensure coordinated delivery of mainstream services is maintained throughout the transition period. In other areas, the team will work directly with all relevant stakeholders.
Equal Opportunities
Equal opportunities monitoring of households being rehoused as a result of clearance activity is currently in place to ensure that no-one is adversely affected or excluded by the rehousing process as a result of the race, gender disability or age.
All partners of Wirralhomes must take equal responsibility for the rehousing of more challenging residents displaced through clearance.
Those tenants who are likely to be excluded as a result of referencing procedures or local lettings policies will be assisted as far as reasonably possible to help them to access accommodation and maintain tenancies in the new housing. Appropriate tenancy support services will be engaged for these residents wherever possible.
Measuring Satisfaction
14.1 After households have been rehoused as a result of clearance action, surveys will be carried out by the Council to measure household satisfaction with their new home and satisfaction with the services which they received throughout the process.
Appendix 4
Policy For Suspension And Limited Application
SUSPENSION
In certain circumstances, an applicant who has a history of antisocial behaviour and / or breaches of tenancy may be suspended from registering on the Wirralhomes database, which subsequently will suspend their access to accommodation owned by the Registered Social Landlords (RSLs) who are partners within the Wirralhomes Scheme.
This Suspension Policy will only be applied in serious cases when it is preferable to restrict an applicant's access to accommodation.
The decision to suspend an applicant from registering on the Wirralhomes database is taken by the Wirralhomes Team and must be based on the individual circumstances of an applicant; for instance blanket suspension of categories of applicants, such as those who owe former tenancy arrears is not permitted.
Only the Council and RSL Partners in the Wirralhomes Scheme may request that the Wirralhomes Steering Group consider use of the Suspension Policy in relation to particular households.
In making its decision to apply the Suspension Policy, the Wirralhomes Team will take account of the following issues:
Anti-social behaviour (which must be serious enough to make the applicant unsuitable to be a tenant, such as neighbour nuisance);
Immoral or illegal activities (which may not necessarily have been committed whilst being a tenant, such as drug dealing);
Assault or threatening behaviour towards staff of the Council or any RSL or towards persons in the neighbourhood (which may not necessarily have been committed whilst being a tenant);
Damage to property owned by the Council or any RSL (which may not necessarily have been committed whilst being a tenant);
Rent arrears from a social housing tenancy or a private rented tenancy (where the arrears are of a significantly high amount or where insufficient repayments have been made to reduce the arrears outstanding to a more acceptable level);
Discriminatory behaviour towards staff of the Council or any RSL or towards any person in the neighbourhood (which may be on the basis of issues, such as race, ethnicity, nationality religion, sexuality, disability, age, gender or appearance).
The Wirralhomes Team may suspend an applicant for registration on the Wirralhomes Database for an initial period of 2 years based on the individual circumstances of the applicant.
The Wirralhomes Team will inform the suspended applicants in writing, stating the reasons why they have been suspended, the length of time for which the suspension applies and the process for asking for a review of the suspension decision.
Prior to the expiry of the period of Suspension, the Wirralhomes Team will decide whether or not a further period of Suspension should apply and the applicant will be advised of the review decision accordingly.
If an applicant wishes to appeal over a decision of the Wirralhomes Team in relation to applying the Suspension Policy this will be undertaken by the Rehousing Services Manager or Manager (Wirralhomes Team). If the applicant is dissatisfied with the outcome, the review will be heard by the Wirralhomes Steering Group and if the applicant is still dissatisfied with the outcome, the review may be heard by the Housing Access Panel.
OTHER LIMITS TO THE APPLICATION
In addition, applicants who are have been found responsible for less serious anti-social behaviour or breaches of tenancy may be entitled to register on the Wirralhomes Database but their application may be limited. The circumstances where this would apply are:
Applicants with rent arrears from a current or former social landlord;
Applicants who have caused nuisance in a former property by consequence of their anti-social behaviour, immoral or illegal activities. This behaviour will have caused distress or harm to other residents but may not necessarily have entitled the landlord to an order of possession;
Applicants who have caused damage to a social landlord property where there is an outstanding rechargeable debt;
Applicants who have abandoned a social landlord tenancy.
Their application will be limited as follows;
Withholding Urgent Need status
Applicants who fit the criteria for the award of an Urgent Need status will be allowed to register onto the database but they will not normally be awarded an Urgent Need Status except by the agreement of the Rehousing Services Manager or Manager (Wirralhomes Team). However, they will still be entitled to accrue priority based on their date of registration.
Restriction of registration date
Applicants who do not fit the criteria for the award of an Urgent Need status will be allowed to register on the Wirralhomes database but they will not receive the benefit of their date of registration when the expressions of interest for a property is short listed. These applicants will be positioned at the end of the shortlist.
The Wirralhomes Team will decide if it is appropriate to limit an application or suspend an applicant's Urgent Need Status and in making this decision they will give regard to the overall level of housing need of the applicant and balance this against the seriousness of the behaviour or tenancy breach.
A decision to limit an application will be based on an individual's circumstances, however if the Wirralhomes Team suspend Urgent Need Status, the applicant will be informed in writing as to the reasons of the Suspension and advised accordingly of the process for appeal.
If an applicant appeals against a decision to limit an application, this will be undertaken by the Rehousing Services Manager or Manager (Wirralhomes Team) and the applicant will be informed in writing of the decision. If the applicant is dissatisfied with the outcome, the review will be heard by the Wirralhomes Steering Group and if the applicant is still dissatisfied the matter may be referred to the Housing Access Panel.
RSLs operating in the Wirralhomes Partnership may also wish to withhold an offer of accommodation based upon their own local policies or for management reasons. Should this be the case the applicant will have the right to request a review of this decision by invoking the RSL's respective complaints procedure.
All requests for reviews and appeals against decisions taken must be submitted in writing to Wirralhomes within 21 days from the date of notification.
Appendix 5
Wirralhomes Steering Group
Membership & Terms of Reference
Membership: Council Officers
(3 Representatives from the Housing Strategy Division)
RSL Officers
(maximum of 2 Representatives from each of Wirralhomes Partner RSLs)
Meeting Schedule: To meet a minimum of six times per year
Terms of Reference:
Take the lead role in developing rehousing policies and procedures for social housing in Wirral owned by Wirralhomes Partner RSLs;
Ensure the rehousing policies and procedures for social housing in Wirral owned by Wirralhomes Partner RSLs meets legislative requirements, statutory guidance and guidance from the Housing Corporation and Office of the Deputy Prime Minister;
Take a lead role in developing rehousing policies and procedures for vulnerable people;
Co-ordinate consultation on changes to rehousing policies and procedures;
Take a lead role in performance monitoring of the Wirralhomes Service, including the performance of the Wirralhomes Team and Wirralhomes Partner RSLs;
Ensure that good practice in rehousing services is shared and that rehousing policies and procedures are considered in the context under housing and regeneration objectives and the context of issues affecting vulnerable people, such as Equal Opportunities and Diversity;
Ensure that rehousing policies and procedures are developed and administered in line with Data Protection requirements;
Ensure proper budgetary control over the Wirralhomes Service;
To hear appeals at Stage 2 level from people who have been suspended from the database, have had their Urgent Need status withheld or their application restricted and also to hear general appeals from people against decisions made by the Wirralhomes Team
To refer requests for reviews and appeals (as a Stage 3 level) against decisions to the Housing Access Panel as required.
Appendix 6
Housing Access Panel
Membership & Terms of Reference
Membership: Council Officer 1 (chair)
Council Members (3)
RSL Board Members (3)
Community Representatives (3) .
In addition to the core membership, a pool of RSL Board Members should be available to attend meetings in the event that one RSL is unable to take part in discussions on particular items due to an interest relating only to that RSL e.g. an exclusion or appeal.
Meeting Schedule: To meet a minimum of twice per year
Terms of Reference:
To be responsible for overseeing the overall policy direction of rehousing services for the Wirralhomes Team and Wirralhomes Partner RSLs;
To oversee policies and procedures for social housing owned by Wirralhomes Partner RSLs in respect of allocations;
Ensure that rehousing policies for social housing owned by Wirralhomes Partner RSLs is fair, meets legislative requirements and relevant statutory guidance;
Ensure that rehousing policies for social housing owned by Wirralhomes Partner RSLs meets equal opportunities, diversity, confidentiality and data protection requirements;
Ensure that rehousing policies for social housing owned by Wirralhomes Partner RSLs contribute to wider housing and regeneration objectives;
To take the lead role in monitoring the performance of the Wirralhomes Service and Wirralhomes Partner RSLs in respect of rehousing policies and procedures;
To take the final decision on appeals, reviews and disputes from individual people and relevant agencies in relation to the application of the Wirralhomes Allocation Policy;
To take the final decision on appeals, reviews and disputes from individual people and relevant agencies in relation to the responsibilities of the Council and Wirralhomes Partner RSLs, where appropriate.
Appendix 7
Wirralhomes appeals and review procedures
Applicants have the right to request a review of how their application has been dealt with and Reviews are likely to centre around 2 main areas of the application process, which are: -
Issues connected with their Registration on the Wirralhomes Scheme;
Issues connected with the Selection Process for a particular property.
Appeal against a Wirralhomes Registration Decision
The Wirralhomes Team will deal with all requests for a review concerning any issue in relation to an applicant's registration with the Wirralhomes Scheme. The request for review must be made in writing. Such a review may cover any issue concerning their Wirralhomes Registration. This may include: -
A registration decision including an applicant deemed to be ineligible to register on the database
How the application was processed
A decision not to award an Urgent Need status
A decision to suspend an application
A decision to withhold an Urgent Need status
A decision to restrict a registration date
The original decision will normally be made by the Wirralhomes Team and the review process is as follows;
Stage 1. If the applicant is not satisfied with the decision made by the Wirralhomes Team they may request a review of the decision by stating their reasons in writing to Wirralhomes within 21 days of the notification. The review will be undertaken by the Rehousing Services Manager or Manager (Wirralhomes Team) and a response will be provided within 10 working days.
Stage 2. If the applicant is not satisfied with the decision made by the Rehousing Services Manager or Manager (Wirralhomes Team) they may request a review of the decision by stating their reasons in writing to Wirralhomes within 21 days of the notification. An acknowledgment will be issued within 10 working days. The review will be undertaken by the Wirralhomes Steering Group at the next scheduled meeting. The organisation involved in the appeal will not be represented, for example if an applicant is suspended due to their conduct in an RSL tenancy, that RSL will not be represented. A decision will be provided within 10 working days of the meeting.
Stage 3. If the applicant is not satisfied with the decision made by the Wirralhomes Steering Group they may request a review of the decision by stating their reasons in writing to Wirralhomes within 21 days of the notification. An acknowledgment will be issued within 10 working days. The review will be undertaken by the Housing Access Panel which will be convened within 28 days. The organisation involved in the appeal will not be represented. A decision will be provided within 10 working days.
If the applicant is still dissatisfied they may seek other forms of external redress, such as the Ombudsman or relevant legal process.
Appeal against a Selection Process Decision
All requests for a review, which relate to any issue about the Selection Process for a particular property will be dealt with by the respective RSL. Applicants can initially write to the respective RSL and for their case to be considered through the RSL's complaints procedure.
Any issue that relates to the Selection Process for a property will be dealt with in this way. This may include: -
The decision not to offer an applicant a particular property;
The decision to withhold or withdraw an offer based on anti-social behaviour or neighbour nuisance;
Lettings Criteria used for a property;
The nature of Verification Checks made by the RSL.
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West Kirby One Stop Shop
The Concourse
West Kirby
Wirral
CH48 4HX
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RSL
RSL
RSL
RSL
RSL
RSL
RSL
RSL
RSL
RSL
RSL
RSL
Wirralhomes
Team
Wirralhomes
Steering
Group
Housing Access Panel