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Publishing and consulting on allocation schemes

5.1 Housing authorities must publish a summary of their allocation scheme and, if requested, provide a free copy of it (). They must also make the full scheme available for inspection at their principal office and, if requested, provide a copy of it on payment of a reasonable fee (section 168(2)).

5.2 When an alteration is made to a scheme reflecting a major change of policy, an authority must ensure within a reasonable time that those likely to be affected by the change have the effect brought to their attention, taking such steps as the housing authority considers reasonable (). A major policy change would include, for example, any amendment affecting the relative priority of a large number of applicants or a significant alteration to procedures. Housing authorities should be aware that they still have certain duties under .

5.3 requires authorities, before adopting an allocation scheme, or altering a scheme to reflect a major change of policy, to:

• send a copy of the draft scheme, or proposed alteration, to every private registered provider ²³ with which they have nomination arrangements, and

• ensure they have a reasonable opportunity to comment on the proposals

Advice and information

5.4 Housing authorities must ensure that advice and information is available free of charge to everyone in their district about the right to apply for an allocation of accommodation (). This would include general information about application procedures; as well as information about qualification and prioritisation criteria.

5.5 If a person is likely to have difficulty making an application without assistance, the authority must secure that any necessary assistance is available free of charge ().

5.6 Housing authorities must inform applicants that they have the right to the following general information ():

• information that will enable them to assess how their application is likely to be treated under the authority鈥檚 allocation scheme, and, in particular, whether they are likely to fall within the reasonable preference categories, and

• information about whether accommodation appropriate to their needs is likely to be made available to them and, if so, how long it is likely to be before such accommodation becomes available. Maintaining a database of housing suitable for applicants with access needs would assist with this.

5.7 prohibits housing authorities from divulging to other members of the public that a person is an applicant for social housing, unless they have the applicant鈥檚 consent. Furthermore, authorities should process any personal data they hold about applicants consistently with UK data protection law. UK data protection law allows the sharing of personal information without consent if a lawful basis can be identified, for example if an individual鈥檚 safety is at risk. Further conditions apply where there is a need to share special category data.

5.8 Local housing authorities should consider whether it is appropriate to share information regarding safeguarding concerns, including, but not limited to concerns about domestic violence and abuse, with other agencies (such as housing associations and GP surgeries). It is the responsibility of local housing authorities to determine whether data sharing is lawful under UK data protection law. Whether data sharing is lawful must be determined on a case-by-case basis. If authorities are unclear about their obligations and responsibilities under UK data protection law they should seek advice from their data protection teams or contact the Information Commissioner. For more information on how to support victims of domestic abuse, see our guidance on Improving access to social housing for victims of domestic abuse.

5.9 Local authorities are strongly encouraged to enquire whether the authority they are sharing information with has staff who are trained in supporting victims of domestic abuse.

5.10 Local authorities should consider the following case study when determining how to work with other agencies to keep victims safe.

(Word, 1.03MB). This Domestic Homicide Report examines agency responses and support given to Salma, a resident of Tower Hamlets, prior to her death. In this example, information could have been shared at the tenancy nominations stage to safeguard the victim. Authorities should have regard to the following sections of the report in particular: 鈥楽ummary of information known to the agencies and professionals involved鈥� and 鈥楢nalysis of agency involvement鈥�.

5.11 Authorities could also refer to: for best practice in working with other agencies to support victims of domestic abuse.

Elected members鈥� involvement in allocation decisions

5.12 The prevent an elected member from being part of a decision-making body at the time an allocation decision is made, when either:

• the accommodation concerned is situated in their division or electoral ward, or
• the person subject to the decision has their sole or main residence there

5.13 The regulations do not prevent an elected member from representing their constituents in front of the decision making body, or from participating in the decision making body鈥檚 deliberations prior to its decision. The regulations also do not prevent elected members鈥� involvement in policy decisions that affect the generality of housing accommodation in their division or electoral ward rather than individual allocations; for example, a decision that certain types of property should be prioritised for older people.

Offences related to information given or withheld by applicants

5.14 makes it an offence for anyone, in connection with the exercise by a housing authority of its functions under Part 6, to:

• knowingly or recklessly give false information
• knowingly withhold information which the housing authority has reasonably required the applicant to give in connection with the exercise of those functions

5.15 The circumstances in which an offence is committed could include providing false information:

• on an application form for social housing
• in response to a request for further information in support of the application
• during review proceedings

5.16 (as amended by section 146 of the 1996 Act) enables a housing authority to seek possession of a tenancy granted as a result of a false statement by the tenant or a person acting at the tenant鈥檚 instigation.

Fraudulent or incorrect allocations

5.17 Authorities may also wish to take action to minimise the risk of staff allocating incorrectly or even fraudulently, for example to applicants who do not have sufficient priority under the allocation scheme or do not meet the authority鈥檚 qualification criteria. Appropriate steps might include vetting staff who take allocation decisions or providing for decisions to be validated by employing senior staff to undertake random checks.

Decisions and reviews

Information about decisions and reviews

5.18 Housing authorities must inform applicants that they have the right to information about certain decisions which are taken in respect of their application and the right to review those decisions ().

5.19 By virtue of housing authorities must notify an applicant in writing of any decision that he or she:

• is ineligible for an allocation of accommodation under section 160ZA(2) or (4), or
• is not a qualifying person under section 160ZA(7).

5.20 The notification must give clear grounds for the decision based on the relevant facts of the case. Section 160ZA(10) provides that, where a notification is not received by an applicant, it can be treated as having been given to him or her, if it is made available at the housing authority鈥檚 office for a reasonable period. Where an authority considers that an applicant may have difficulty in understanding the implications of a decision on ineligibility or disqualification, it would be good practice to make arrangements for the information to be explained verbally in addition to providing a written notice.

5.21 Applicants also have the right, on request, to be informed of any decision about the facts of their case which has been, or is likely to be, taken into account in considering whether to make an allocation to them ().

5.22 Under section 166A(9)(c) applicants have the right to request a review of any of the decisions mentioned in paragraphs 5.15 and 5.17 above and to be informed of the decision on the review and the grounds for it.

Procedures on review

1. 5.23 Review procedures should be clearly set out, including timescales for each stage of the process, and must accord with the principles of transparency and fairness. Failure to put in place a fair procedure for reviews, which allows for all relevant factors to be considered, could result in a judicial review of any decision reached. The following are general principles of good administrative practice:

   1. (i) Applicants should be notified of the timescale within which they must request a review. 21 days from the date the applicant is notified of the decision is well-established as a reasonable timescale. A housing authority should retain the discretion to extend this time limit in exceptional circumstances.

   2. (ii) Applicants should be notified that the request for review should be made in writing, and that it would also be acceptable for the request to be submitted by a representative on their behalf. Applicants should also be advised of the information which should accompany the request.

   3. (iii) Authorities should consider whether to advise that provision can be made for verbal representations, as well as written submissions, to be made.

   4. (iv) The review should be carried out by an officer who is senior to the person who made the original decision. Alternatively, authorities may wish to appoint a panel to consider the review. If so, it should not include any person involved in the original decision.

   5. (v) The review should be considered on the basis of the authority鈥檚 allocation scheme, any legal requirements and all relevant information. This should include information provided by the applicant on any relevant developments since the original decision was made 鈥� for instance, the settlement of arrears or establishment of a repayment plan, or departure of a member of the household responsible for anti-social behaviour.

   6. (vi) Reviews should be completed wherever practicable within a set deadline. Eight weeks is suggested as a reasonable timescale. The applicant should be notified of any extension to this deadline and the reasons for this.

   7. (vii) Applicants must be notified in writing of the outcome of the review. The notification must set out the reasons for the decision. This will assist the applicant and the authority if, for example, the applicant is not satisfied with the outcome and decides to seek a judicial review or to take their case to the Local Government Ombudsman.

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Footnotes

(23) And, where relevant, every Registered Social Landlord in Wales with which they have nomination arrangements. 鈫�