Housing Decisions Panel
Procedure
18/4/2017
Housing Decisions Panel Procedure
Author:
SDV
Authorised by:
AKO
Owned by
Housing Demand/Housing
(Team/Dept):
Operations
Issue No:
3.0
Effective from:
18/04/17
Next Review date: 18/4/18
Consultation
List who was
Required?
yes
consulted
Internal
EqIA Required?
no
EqIA Completed
n/a
Section:
Housing Operations/Residents/Tenancy Management
Applies to:
Al
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Table of Contents
1.
Purpose ................................................................................................................... 3
2.
Linked policies and procedures .......................................................................... 3
3.
Scope ...................................................................................................................... 3
4.
Housing Decisions Panel ....................................................................................... 3
5.
Referrals to the panel ........................................................................................... 3
6.
Submitting officer responsibilities ........................................................................ 4
7.
Panel decision making process .......................................................................... 4
8.
Alternative accommodation .............................................................................. 4
9.
Assessment of application and outcome ......................................................... 4
10.
Application declined ........................................................................................ 5
11.
Minutes ................................................................................................................ 5
12.
Applications and supporting documentation .............................................. 5
13.
Formal reviews and/or court orders ................................................................ 6
14.
Monitoring and reporting ................................................................................. 6
15.
Version control ................................................................................................... 6
Appendix - Management Transfers ........................................................................... 7
Appendix - Grant of Tenancy (exceptional circumstances) ................................ 9
Appendix - Decants .................................................................................................. 13
Appendix - Welfare Need ........................................................................................ 14
Appendix - Safeguarding ......................................................................................... 16
Title:
Housing Decisions Panel Procedure
Issue №:
3.0
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This is a control ed document. Any printed copy must be checked against the current version prior to use.
1. Purpose
The Housing Decisions Panel has been set up (with discretionary powers
granted to it by the Al ocations Policy) to award additional priority and
approve offers of housing in exceptional circumstances.
This procedure describes:
• the process for referring cases to the Housing Decisions Panel; and
• the decision making process
2. Linked policies and procedures
• The Al ocations Policy 2015
• Decants Policy and Procedure
• Safeguarding (Adults) Policy
3. Scope
This procedure applies to al officers authorised to refer cases to the
Housing Decisions Panel (known in this document as the submitting or
referring officer).
4. Housing Decisions Panel
The Housing Decisions Panel consists of senior managers from both Housing
Demand and Housing Operations.
The meeting are general y scheduled for every two weeks.
5. Referrals to the panel
The fol owing officers (and their managers) are authorised to refer (submit)
cases to the Housing Decisions Panel:
Management transfers
Tenancy management case workers
Domestic violence officers
ASBAT officers
Move on Officer or manager
Grants of tenancy
Tenancy management case workers
Decants
Tenancy management case workers
Welfare need
Tenancy management case workers
Social Services case workers
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Safeguarding referrals
Social services case workers
Head of Adult social services
Head of children’s services
6. Submitting officer responsibilities
The submitting officer will complete a Housing Decisions Panel referral form
explaining why a referral is being made to the Panel, and highlighting the
exceptional nature of the case. This should be supported with evidence.
Referrals with supporting documentation must be sent to the Chair at least
48 hours before the Housing Decisions Panel is due to meet so that the
Panel Members have time to familiarise themselves with cases prior to the
meeting.
The submitting officer will present their case (with the exception of
decants) to the panel so that they can answer any questions the panel
may have.
For further details see appendices.
7. Panel decision making process
The panel will take into account the al ocations policy in place at the
relevant date (for example the date of tenant’s death).
The panel will try to achieve consensus however if it comes to a vote and
in the case of a tied vote the Chair wil have the casting vote.
Where disputes cannot be resolved the decision will be escalated to a
more senior manager (head of service, director, assistant director) for final
decision.
8. Alternative accommodation
If an alternative property is being considered, input should be sought on
availability from the Lettings Manager.
If a move is urgent and there is no available permanent accommodation
other options should be considered.
9. Assessment of application and outcome
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The applicant wil be sent a letter setting out the outcome within 10
working days (two weeks of the panel date).
This letter wil be signed by the Chair of the Housing Decisions Panel.
If the application is approved the letter will confirm:
• The Banding ( if applicable); or
• If the applicant wil receive a direct offer of accommodation
• The size, and, if applicable, the type of property
• The effective date
10. Application declined
Wherever possible an unsuccessful applicant wil be advised of the
outcome in person.
Where the applicant has a representative, including a support worker
or advocate, they will also be contacted and advised of the outcome.
Unsuccessful applicants wil be:
• Advised as to what they need to do next
• Advised as to what Homes for Haringey wil do fol owing the decision (the legal
process)
• Given basic advice on the applicant’s housing options
• Signposted or referred (where applicable) to appropriate services that may be
able to assist the applicant further including with finding alternative
accommodation in the private rental market
• Advised that they wil be al owed a minimum of three month’s grace period 4so
that we can help them find alternative accommodation.
• Advised of the formal review procedure
• In cases of vulnerability, given a leaflet explaining the process in writing
Consideration should be held as to who should be present at the meeting.
While in most cases it will be the tenancy management case worker there
may be cases where an officer from Housing Demand (eg Housing
Solutions) should be in attendance.
11. Minutes
The Chair wil record the outcome of the Housing Decisions Panel
discussions and the panel decision. Al minutes will be kept central y in
SharePoint.
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12. Applications and supporting documentation
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This is a control ed document. Any printed copy must be checked against the current version prior to use.
For audit and review purposes a copy of al applications and supporting
documentation should be kept central y in SharePoint with a clear link to
the applicable minutes. (I.e. by use of reference numbers and/or date)
13. Formal reviews and/or court orders
For audit and review purposes a copy of al decisions and orders should
be kept central y in SharePoint.
14. Monitoring and reporting
The monitoring reporting spreadsheet wil be updated after each meeting.
Homes for Haringey will report annual y on:
• The number of cases taken to the Housing Decisions Panel by category
and the outcome.
• Number of cases referred for formal review (including court) and
outcome
• Panel attendance
• Length of time between relevant date and resolution ( i.e. death of
tenant and termination of tenancy)
15. Version control
Revision Date
Description of changes
Consultation? Who
Reviewed by
1.0
10/6/16
Initial release
various
ELT
2.0
08/03/17 amended
various
S Morgan
3.0
18/4/17
Additional amendments
Internal/external
A Kjellberg-Obst
Back to the top.
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Appendix - Management Transfers
The submitting officer should submit:
• A completed decisions panel report outlining:
• the history of incidents in date order; and
• Any result of investigation into any of these incidents
• Al information necessary to support the recommendation made to the
panel to enable the panel to make a reasonable decision on whether
the tenant should be relocated or if it is reasonable for the tenant to
occupy the property, possibly with further support or actions by Homes
for Haringey, Haringey Council, Hearthstone, the Metropolitan Police
etc.
• Whether in the submitting officer’s opinion the tenant should be moved
immediately or as soon as reasonably practicable.
The report must include:
1. Al relevant information on the al eged perpetrator
2. Al relevant information on the tenant and household members
particularly on any factors which may indicate that they could be
vulnerable. If they are considered to be vulnerable the submitting
officer should consider and include in the report any support available
to them.
3. Any threats and/or factors indicating an ongoing risk to the safety of
the tenant or members of the household
4. Any confirmation of incidents
5. Outcomes of any court hearings
6. Location requirements
a. Al information available on the areas it is not safe for the tenant
to remain in.
b. Should the tenant request a particular area because of links or
support available this should be reporting to the panel as a
request with an assessment of the risk to the perpetrator being
aware of these contacts and fol owing the tenant to the new
area.
c. Where the tenant is resident in TA and the application is
considered ‘post localism’ the referring officer should first
consider an AST placement as discharge of duty. If appropriate
the applicant can either be assisted through
HomeFinder or
Find
Your Own.
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Medical assessments Medical assessments – where a tenant or member of the household
has a medical need that would support the application the officer
submitting the case should obtain up to date medical information ( no
longer than 6 months) and where applicable contact the Assessment
Team for a Now Medical Assessment.
Authorisation The Housing Decisions Panel is authorised to make the fol owing
decisions:
• To approve, defer or decline an application
• To request additional information
• To approve a ‘direct offer’ of alternative accommodation
• If the applicant should be moved immediately or as soon as is
practicable
• Approve location
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Appendix - Grant of Tenancy (exceptional circumstances)
See section 15.25.9 of the Allocations Policy.
Homes for Haringey has the freedom to grant new tenancies in
exceptional circumstances to those unable to succeed to a tenancy
having considered the merits of the case in line with the landlord’s duty to
address housing needs.
The report should include the fol owing:
• The name of the applicant
• Other household members
• Relationship to the tenant (must be a qualifying member)
• ID for each member of the household
• Evidence that they were living at the address as their principal
home ( for the period claimed or up to 10 years whichever is the
shorter)
• Evidence that they are still living at the address
• Income details
• Medical details ( if applicable)
• Support services ( if applicable)
• Fraud report
The Housing Decisions Panel may consider any or al of the following when
assessing the exceptional nature of the case:
• If the applicant can demonstrate that:
o They are an immediate household member; and
o They have lived at the property for 10 or more years ; and
o They are on a low income; and
o Have limited financial resources.
• If the applicant would be someone the council would otherwise
have a statutory duty to assist under homelessness legislation
• It the applicant can demonstrate that they gave up a social
housing tenancy voluntarily prior to moving in with the tenant
• Organisational error including wrong advice that has resulted in a
detrimental effect on the applicant’s housing situation
• If the tenant or a member of the household has a serious medical
issues, disability or mental health issues that would have a severe
detrimental effect on the applicant’s health or wel being
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• If the applicant could have been part of a joint tenancy before the
death of a partner/spouse/cohabitee
• If the tenancy could have been assigned prior to the tenant moving
• The age of the applicant (under 25 or 65 and over)
• If it is in the council’s interest to make a grant of tenancy (potential
considerations could include financial cost, reputational risk or
compassionate grounds.)
An application wil be declined:
• Where there is a history of domestic or family violence by the
applicant
• Where there are, or have been, safeguarding concerns relating to
the applicant
• If the applicant or any member of the applicant’s household is
subject to an anti social behaviour order or similar
• Where there are any current or outstanding legal actions which
could prevent the applicant or any member of the applicant’s
household being considered a suitable tenant.
• Where the balance of the ‘use and occupancy’ account prevents
the applicant from being considered a suitable tenant
Applications wil not be considered in cases of misrepresentation or fraud.
Authorisation
The Housing Decisions Panel is authorised to make the fol owing decisions:
• To approve, defer or decline an application
• To request additional information
• To approve a grant of tenancy to the same property or to a
different property
• To approve size and location of property
Where the application is to be declined
The panel may also consider other housing options that may be suitable
for the applicant if the application is to be declined. This may include:
• Supported housing
• Housing related support pathway
• Housing solutions assessment for assistance with securing private
rented accommodation depending on the applicant’s
circumstances
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In these instances the panel should refer the case to the relevant team
manager who should consider the referral and give
in principle approval
prior to the applicant being notified of the outcome.
Advising the applicant
Wherever possible an unsuccessful applicant wil be advised of the
outcome in person.
In most cases this will be by the submitting officer. However in some cases
the panel may recommend that a member of Housing Demand attends
the meeting.
Where the applicant has a support worker or advocate they will also be
contacted and advised of the outcome (where appropriate, in advance
of the meeting)
Unsuccessful applicants wil be:
• Advised as to what they need to do next
• Advised as to what Homes for Haringey will do fol owing the
decision (the legal process)
• Given basic advice on the applicant’s housing options
• Signposted or referred (where applicable) to appropriate services
that may be able to assist the applicant further including with
finding alternative accommodation in the private rental market
• Advised of the formal review procedure
• Given a leaflet explaining the process in writing
Time Periods
The grace period for the person to be able to stay in the property to al ow
time to find alternative accommodation with our advice and help is at
least 3 months.
It is the panel’s discretion to al ow for a longer period and the
bereavement training for panel members is intended to help make such
judgements.
Where an applicant has been given a grace period to find alternative
accommodation and they have not moved out by the end of the period
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the applicant wil , wherever possible, be advised in person that a Notice
to Quit is about to be issued. At that time they wil also be given or sent
another copy of the explanatory leaflet explaining the process and
timelines.
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Appendix - Decants
A temporary or permanent move to alternative accommodation so that
repairs or improvements can be carried out to the property.
See Decants Policy for further information
The submitting officer will provide:
• Evidence from the surveyor explaining why the move is necessary;
and why the repairs cannot be undertaken with the tenant living in
the property
• A completed tenant declaration form signed by the tenant/s
• Any supporting documentation if applicable (ie medical evidence)
Note: The Housing Decisions Panel will not consider:
• Immediate/emergency decants which are considered by the
Lettings Manager
• Decants from redevelopment / regeneration schemes
Authorisation
The Housing Decisions Panel is authorised to:
• Approve, defer or decline an application
• Request additional information
• Approve size and location of property
• Approve a temporary or permanent move
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Appendix - Welfare Need
See 15.22 of the Allocations Policy
This applies if at least one person in the household is vulnerable and less
able to find settled or suitable accommodation.
These applicants will have a need to move but may not get medical
priority because their current housing may be suitable for their needs.
Note: Applicants accepted for rehousing under the homelessness
legislation wil not normally be eligible for welfare priority because, if their
temporary accommodation is unsuitable on welfare grounds, or a move
to more suitable accommodation would have a positive effect on their
welfare, the Council will first look to provide alternative temporary
accommodation.
If a homeless applicant or household is especial y vulnerable and they
may be at significant risk in temporary accommodation, the Council can
consider the Housing Needs Band A category of ‘applicants who are in
severe need and have been accepted for rehousing, by Haringey
Council, under the homelessness legislation’ (see section 15.8).
The submitting officer should submit:
• A completed decisions panel report
• Evidence that a client’s current accommodation is having a
detrimental effect on their welfare or wellbeing.
For example evidence from:
• Medical professionals
• Mental health services?
• Disability services?
• Social services
• Schools
• Other support services
The Housing Decisions Panel will consider:
• The extent that the applicant’s welfare is being affected by their
current housing situation; and
• The benefits, if any of providing alternative accommodation
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Authorisation
The Housing Decisions Panel is authorised to:
• Approve, defer or decline an application
• Award priority banding (or agree a direct offer)
• Request additional information
• Approve size and location of property
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Appendix - Safeguarding
Applications can be referred to the Housing Decisions Panel by Children’s
or Adult Services.
The Housing Decisions Panel will consider:
• The extent that the applicant’s welfare and safety is being affected
by their current housing situation; and
• The benefits if any, of providing alternative accommodation
Authorisation
The Housing Decisions Panel is authorised to:
• Award Band A or B; or
• If the tenant should be made a direct offer
• Approve the size and location of property
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Document Outline