1. What legal advice has Brighton & Hove Council received regarding the lawfulness or legality of having a no-evictions policy?

The council has not adopted a "blanket" no-eviction policy. The policy is not to evict provided certain conditions are satisfied. Our lawyers are satisfied that the policy is in accordance with the legal requirements.

2. What steps, if any, has the Council taken to avoid any risk of judicial review against its policy?

As above, it is a policy decision within the council’s remit to make.

3. In adopting the no-evictions policy were there any legal objections that had to be overcome?

Please see response to question 1 above.

4. Does the Council consider that by not having a no-evictions policy, disabled people's rights are upheld against the discriminatory nature of Bedroom Tax?

I am sorry I am unclear of the question, and feel that you are asking for an opinion rather than the release of information.

5. Is there any reason the Council can give why any other local authority could not adopt the same policy?

Again, this is a matter of opinion and not fact. You may be best served asking other local authorities.

6. Could a copy of the Council's written policy be attached with your response, please?

The policy decision was taken at Housing Committee on 8 May 2013. The minutes of the meeting show that the committee agreed:-

“That for a transitional period until 1st April 2014, where

(i) all other avenues have been explored

(ii) transfer is the only option but there are no suitable properties to transfer to

(iii) where it is possible to clearly identify that arrears are solely due to the under-occupancy penalty

officers will use all means other than evictions and bailiffs to recover rent due.”