Solihull Metropolitan Borough Council Housing Allocation Scheme.

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2 If you would like this document in another language or format, or if you require the services of an interpreter, please phone us on Sorani 2

3 Contents 1. The Housing Allocation scheme page 4 2. Access to the scheme page 4 3. Making an application for housing page 5 4. Assessment and priority for housing page 5 5. Operation of the scheme page Rights and obligations page Other matters page 17 Appendix A Banding system page 19 Appendix B Bedroom assessment page 24 Appendix C Verification for Council accommodation page 26 Appendix D Contact points and local offices page 27 Appendix E Relevant legislation page 32 Appendix F Non-eligibility, reduction or removal of priority page 33 Appendix G Glossary of terms page 35 3

4 1. The housing allocation scheme 1.1 The Housing Act 1996 (Part 6), as amended by the Homelessness Act 20 02, ( the Act ) requires all local authorities to have an allocations scheme for determining priorities, and for defining the procedures to be followed in allocating housing accommodation. 1.2 Reference to applicant(s) in this document relates to all households registered for housing in the scheme. 1.3 Solihull Community Housing (SCH) manages the housing allocation service on behalf of Solihull Metropolitan Borough Council (SMBC). All allocations (as defined in the Act) are made in accordance with the SMBC housing allocation scheme. 1.4 Secure tenancies arising in the following circumstances are not covered by the allocation provisions of the Act and, therefore, fall outside of the scope of this scheme: a) succession to a tenancy on the death of the previous tenant; b) assignment of tenancies by way of mutual exchange; c) assignment of a tenancy to a person who would be qualified to succeed to the tenancy on the death of the current tenant; d) transfer of the tenancy pursuant to a Court Order under family law provisions or the Civil Partnership Act 2004; and e) allocation to an existing secure tenant, unless the allocation involves a transfer of accommodation for that person and is made on his application. 1.5 Solihull Home Options operates a common housing register and a single allocation policy. Vacancies arising in the housing stock of the partner housing associations are also allocated under this scheme. The partner housing associations are listed in Appendix D. 2. Access to the scheme 2.1 All applications for housing will be considered if they are made in the proper way (see Section 3) but, in law, certain persons will be excluded from receiving an offer of accommodation. Those not eligible are: a) any persons subject to immigration control within the meaning of the Asylum and Immigration Act 1996, unless that person is within a class prescribed as eligible by the Secretary of State; b) any person who falls within a class of persons from abroad prescribed by the Secretary of State as ineligible. 4

5 2.2 All applicants will receive confirmation in writing if they have been placed on the housing register. Notification will normally be issued within 10 working days of receipt of the application and will include the following details: priority date and band (the date the housing application was received and level of priority for an allocation under the banding system detailed in Section 4 and Appendix A) maximum size of property, in terms of the number of bedrooms, for which the applicant can show expressions of interest on available properties. Applicants that are not eligible for an allocation of housing, or that have had any relevant priority reduced or removed, will receive written notification to include: reason for non-eligibility reasons for reduction or removal of priority details of the process for requesting a review of the decision. 3. Making an application for housing 3.1 To apply to join the scheme all applicants must complete a housing application form. Forms are available from all SCH housing offices and the Contact Centre, Solihull Connect Offices and partner housing associations. See Appendix D for contact details. Application for ms can also be downloaded or completed online via the website at Advice and assistance is available free of charge to customers who want to make an application but cannot do so without help. The housing allocation scheme is avail able in a summary format, five community languages and in larger print versions. SCH and SMBC officers have access to a telephone interpretation service. Contacts for local housing offices and Connect offices are shown at Appendix D. 4. Assessment and priority for housing 4.1 Initial assessment All applications will be assessed in accordance with the scheme. Should the assessment identify factors requiring further investigation, appropriate followup action will be taken. This may involve, for example, further investigation into medical or mobility needs (see paragraphs 4.2 and 4.3) or referral to other services such as SCH s Housing Aid and Homelessness Team, Public Protection or the Solihull Care Trust. 4.2 Medical circumstances Applicants indicating that they or anyone in their household has an illness or disability, which is affected by their current home, or who may be vulnerable on physical or mental health grounds and in need of settled accommodation, are requested to complete a Medical Self Assessment form. 5

6 Designated staff within SCH s Housing Options Team will assess the Medical Self Assessment form, together with any relevant supporting information provided by, for example, the applicant s general practitioner, hospital consultant or occupational therapist. Professional advice will be sought from SCH s Medical Advisor as appropriate. Assessments are made as to the impact that the applicant s current housing has on the health of any member of the household. In reaching a decision consideration is given as to whether the overall impact on the household or any individual member of the household is sufficiently severe to warrant additional priority on medical grounds. If there is no indication that current housing circumstances may impact adversely on the health of the household, the applicant will be advised of such in writing. In all other cases the final assessment will be made by SCH s Medical Advisor. There are three categories of medical need: Exceptional medical need will be determined where the applicant or a member of the household has a life threatening condition, which is seriously affected by their current housing. Any applicant unable to leave hospital due to their current permanent housing being unsuitable to return to will be determined as exceptional medical need. This will be reviewed after three months Urgent medical need will be recommended where the current housing conditions are having a major adverse affect on the medical condition of the applicant or a member of their household. This will be reviewed after six months Non urgent medical need will be recommended where the current housing conditions are having a minor affect on the medical condition of the applicant or a member of their household. These categories are prioritised in accordance with the banding system described in Section 4 and Appendix A. 4.3 Mobility needs Any specific requirements for adaptations and/or accessible features are recorded and taken into account when allocating accommodation. Where an applicant or member of the household requires adaptations and/or accessible features, a referral will be made to the Adaptations and Housing Occupational Therapist service. They will work directly with the applicant in assessing the needs for suitable accommodation and the application will be placed in one of the three mobility groups listed below. Property information advertised will specify the mobility level of the accommodation (corresponding to the mobility groups) as follows: 6

7 4.3.1 Mobility 1 full wheelchair access. Property will include ramped or level access in and out of the property. Accessible kitchen and level access to bathroom Mobility 2 partial wheelchair access. Property will include ramped or level access. Accessible bathroom facilities Mobility 3 assisted access. Property will include level access or shallow steps with handrail. Accessible bathroom facilities. 4.4 Housing for the elderly There is a range of housing in Solihull available for the elderly and managed by both SCH (on behalf of the Council) and our partner housing associations. This includes accommodation specifically designated for elderly people who can live independently and sheltered accommodation that provides additional support services to residents. Most people over the age of 50 can be considered for council owned homes previously designated for elderly persons only. However, there are a limited number of supported housing schemes for which you must still be over the age of 60 to qualify for an allocation. Accommodation of this nature will also be advertised as part of the Solihull Home Options scheme, specifying any relevant eligibility criteria e.g. minimum age qualification. In exceptional circumstances, designated officers may waive the age qualification on certain types of elderly persons accommodation (see Section 5.15). 4.5 Priority for Allocation A seven-band assessment system will be used to assess relative housing need, ensuring that priority for the allocation of housing is given to the reasonable preference groups set out under s.167(2) of the Housing Act 1996, as amended by the Homelessness Act The reasonable preference groups are: a) People who are homeless (within the meaning of Part 7 of the Act); this includes people who are intentionally homeless, and those who are not in priority need. b) People who are owed a duty by any housing authority under section 190 (2), 193(2) or 195(2) of the 1996 Act (or under 65(2) or 68(2) of the Housing Act 1985) or who are occupying accommodation secured by any housing authority under section 192(3). c) People occupying insanitary or overcrowded housing or otherwise living in unsatisfactory housing conditions. d) People who need to move on medical or welfare grounds. e) People who need to move to a particular locality in the district of the housing authority, where failure to meet that need would cause hardship (to themselves or to others). 7

8 4.6 Applicants from households in housing need that have a local connection with Solihull will be prioritised above applications from households with no such connection. A local connection will be established if one or more of the following circumstances exist The applicant, or a member of their household: a) is currently resident in the borough; b) has lived in the borough of Solihull for at for at least three of the last five years in accommodation that was of their own choice; c) has close relatives who have been living in the borough for at least five years (close relatives would normally refer to parents, adult children or brothers and sisters); d) has permanent employment in the borough i.e. actual physical place of work rather than, for example, the location of the employer s head office; e) the applicant has been discharged from the British Armed Forces and either the applicant or their partner was previously resident in the borough; f) the applicant is a current tenant of SMBC or one of the partner housing associations allocating their properties through the Solihull Home Options scheme; g) special circumstances a local connection established on these grounds is likely to be exceptional e.g. the need to be near special medical or support services which are available only in the Solihull area. 4.7 The Banding system Applications will be placed in Bands A to G, with Band A cases assessed as having the most urgent housing need, descending to Band G, containing applications from households deemed to have the least priority for accommodation. Bands A and B are time-limited bands with either a three-month or six-month review for each case awarded the band. Housing priority will be reassessed: a) upon receipt of relevant new information or a change in circumstances; b) in the case of applicants placed in Band A or Band B, every three months or six months as set out in Appendix A. In order to differentiate between households who have been placed in the same band as another household, the date that the household was placed in that band will determine relative priority. Applications from households assessed as having cumulative or multiple housing needs but not so serious as to warrant the priority afforded to cases in Bands A or B, will be placed in Band C. See Appendix A for detailed information on the assessment of cumulative need. 8

9 4.8 Applicants who may move up or down the bands There will be occasions where applicants circumstances change resulting in their application moving up or down the priority bandings. In these circumstances the following will apply: a) Moving up a band The date the higher priority band was awarded will be the start date for the application in the new band. This is to ensure that applicants who are awarded a higher band and move up do not overtake other applicants already placed within that band awaiting housing. b) Moving down a band The new priority date reverts to the date that applied when the applicant was previously in that band or any earlier date when they were in a higher band. This is to ensure that applicants who move down the bands are not penalised in terms of waiting time. Example Applicant applied to register in January and is awarded Band E In February applicant is awarded Band D In March applicant is awarded Band A In April applicant is down-graded to Band D Priority date January February March February 4.9 Provisions relating to certain existing occupiers of Council properties are defined in sections to Decisions relating to the cases will be made under delegated authority specified in section Successors to a tenancy Where a person succeeds to a tenancy on the death of the previous tenant in circumstances where the property is then under-occupied action may be taken to recover possession of the property. Exceptionally, the social, medical or welfare circumstances of the person who has succeeded to the tenancy may offer a very compelling case to remain in the property. The factors involved could include lifelong residence in the family home and/or where a professional assessment indicates that moving from the home would result in serious adverse consequences for the health and/or welfare of the individual concerned. SCH will investigate the circumstances of such cases and decide whether or not to seek possession. If possession is sought, SCH will offer alternative accommodation of a size suited to the needs of the household. The Chief Executive and Director of Housing have delegated authority to waive possession action. 9

10 4.9.2 Grants of tenancy to existing occupiers of housing stock There is discretion to allocate tenancies to: a) persons residing with a tenant at the time of the death of the former tenant who are not entitled to succeed to that tenancy; b) former joint tenants who remain in occupation of a property after the termination of the joint tenancy Non-successors In circumstances where a tenant dies and another household member (who does not have succession rights to the tenancy) has: a) been living with the tenant for the year prior to the previous tenant s death and the property was their sole or principal residence for a year before the previous tenant s death; or b) been providing care for the tenant and the property was their sole or principal residence for a year before the previous tenant s death; c) accepted responsibility for the tenant s dependants and needs to live with them in order to do so. Where the tenancy of the property is not granted to the non-successor but it is agreed to offer alternative accommodation, the person shall be placed in Band B, as set out in Appendix A. The Director of Housing and Head of Housing Options have delegated authority to make operational decisions Former joint tenants Former joint tenants who can demonstrate a long term commitment to the property as their home (for example, adults who have shared accommodation as partners, friends or unpaid carers) will be considered for the tenancy of the property. Cases will be reviewed in relation to former joint tenants whether the property will not be significantly under-occupied by the grant of the tenancy and the allocation has no other adverse implications for the good use of the housing stock. In either case, consideration will be given to the conduct of the applicant in relation to the matters contained in Section 4.11 of this scheme. The Director of Housing and Head of Housing Options have delegated authority to make operational decisions Property size Different sizes and types of households are eligible for different sizes of property e.g. a single person will be allocated a one-bedroom property and will not normally be considered for larger accommodation. The size of accommodation a household will be eligible for can be assessed by reference to the table in Appendix B. 10

11 All properties advertised in the scheme will detail the household size that can bid for the empty property Non-eligibility, reduction or removal of priority In some circumstances the applicant may become ineligible for an offer of accommodation or have their priority for housing reduced or removed. This may apply where there is illegal or immoral behaviour and includes circumstances such as a household's immigration status changes and they are no longer eligible for an allocation of social housing: a) Any applicant or a member of the applicant s household who has been guilty of unacceptable behaviour, which is serious enough to make them unsuitable to be a tenant of the Council by reasons of that behaviour. b) Any person who has a housing debt including former tenancy arrears in excess of two weeks net debit (i.e. full rent due less any benefit entitlement including former tenancy arrears) and has failed to maintain payments agreed with the Council on a payment plan to reduce their arrears. c) Any person who knowingly gives false or misleading information or withholds information that has been reasonably requested. Provision of any false and misleading information is an offence, which could result in a fine of up to 5,000. d) Any person who has assaulted a member of staff and an injunction is being sought or has been obtained. e) Any person guilty of harassment. These decisions are made under delegated responsibility to the Head of Housing Options. Appendix F provides details on non-eligibility, reduction and removal of priority. 5. Operation of the scheme 5.1 All allocations will be made in accordance with the provisions of the scheme. All applicants registered under the scheme will be able to access information on properties advertised as available for allocation and express an interest in those properties for which they are eligible to be considered. 5.2 Information on properties available to let Properties available to let will be advertised on a weekly basis. The weekly advertising cycle will run from 12.00am Wednesdays until the following Tuesday up to 11.59pm. No expressions of interest ( bids ) will be accepted on properties advertised in that week after the 11.59pm Tuesday deadline. 11

12 Information on the properties advertised can be accessed in the following ways: Solihull Home Options website Applicants can access the website at a range of locations see Appendix D. A weekly newsletter will be circulated to a range of distribution points (a published list will be made available to applicants). The newsletter will also be circulated to agencies across the borough that work with vulnerable groups and applicants requiring rehousing. SCH and Solihull Connect offices. Offices of partner housing associations. General advice and support on accessing and using the scheme can be obtained from SCH s Contact Centre on telephone number The property advertisement will include the following information the landlord how the applicant or tenant can show an expression of interest for the property the closing date for the advertisement weekly rent and service charges if applicable number of bedrooms floor level special features/adaptations other restrictions (may apply to local letting criteria) location mobility group (if applicable) the preferred household size that is best suited to the property if pets are not allowed if the accommodation is sheltered accommodation for older people any age restrictions applicable, for example, over 60+ neighbourhood information. 5.4 Expressions of interest in properties ( bids ) Applicants can express interest in the properties advertised in one of the following ways: Solihull Home Options website (using their unique PIN number) touch tone telephone on SMS text on visits to Solihull Connect and SCH offices, offices of partner housing associations. Applicants may make up to two bids for properties advertised in any one advertising cycle. At the end of each advertising cycle, bids will be checked to confirm that they match the letting criteria for the properties in question. Ineligible bids will not be considered. 12

13 5.5 Shortlisting and selection At the end of each advertising cycle, eligible bids will be shortlisted according to the priority of applicants under the banding scheme. This will determine which applicants are invited to view the accommodation. The property will then generally be offered to the household in the highest priority band for the longest length of time. However, there will be limited exceptions to this e.g. when preference is given on mobility criteria and the property is offered to the applicant whose specific needs are best met by the adaptations within the accommodation. In addition, where cases have circumstances including homelessness or regeneration and there is an urgent requirement to provide accommodation, allocations may be made to cases who are not the highest band for the longest length of time. Lettings outcomes will be closely monitored to ensure that in overall terms the scheme continues to give preference to those in the greatest housing need. In most instances applicants will be contacted within 48 hours if they are invited to view a property. If applicants have not received any contact from the Solihull Home Options after 10 working days from the close of the advertising cycle the bid has been unsuccessful. If no interest is shown in a particular property, the landlord may: make a direct allocation (section 5.9) re-advertise the property advertise the property as an immediate let (section 5.10). 5.6 Verification process Offers of accommodation will be contingent on provision of proof of identity and appropriate evidence to verify housing circumstances. Acceptable forms of proof and verification are listed at Appendix C. Failure to produce appropriate evidence may result in an investigation into the eligibility or priority of the application concerned. 5.7 Viewing arrangements Applicants shortlisted for offer will be contacted to arrange a viewing. Applicants will be notified of their place in the shortlisting and will be given the opportunity to decide whether to take up the invitation to view. In order to minimise delays, multiple viewing arrangements may be made for no more than six applicants per property. Specific appointments will be agreed to enable each applicant to view the property separately. SCH staff will accompany applicants viewing Council-owned accommodation. 13

14 5.8 Decisions not to make an offer of accommodation Designated officers of SCH or partner housing associations may decide not to proceed with an offer if: a) any of the circumstances relating to non-eligibility, reduction or removal of priority listed under Section 2.1 (a), 2.1 (b) and 4.11; b) where it has been assessed that the applicant or member of their household has mobility needs that cannot reasonably be met by the property in question; c) there is reasonable evidence that to do so might endanger the health, safety or well being of neighbouring residents. 5.9 Direct offers In certain limited circumstances it may be necessary to make a direct offer of accommodation to an applicant. This may include circumstances where: a) Statutory homeless households have failed to exercise choice by bidding for properties, and one suitable offer of accommodation is made to discharge the Council s statutory duty. b) To meet the specific needs of an applicant who is required to move under decanting arrangements and has not been successful in achieving a move through the bidding process. c) Other, exceptional, circumstances as directed by the Head of Housing Options or the Solihull Home Options Manager Immediate lettings If a property is advertised for two or more advertising cycles and receives no bids or acceptance by applicants it will be considered for immediate letting. This would mean that any applicant that meets the eligibility rules for the property can express an immediate interest in the property outside of the advertising cycle and the landlord can invite the applicant to view the property at anytime Feedback on properties let Solihull Home Options will publish weekly feedback on lettings outcomes via the website and newsletter. In addition, information will be available at Solihull Connect, SCH offices and partner housing associations. Feedback information will include: the number of expressions of interest for each property advertised; what band the property was advertised as and the band of the successful applicant; and the registration date of the successful applicant Re-registration Applicants registered with Solihull Home Options will be requested to check their application details on an annual basis. Letters will be sent to all applicants in the three months prior to the anniversary month of their last registration date. 14

15 A reminder letter will be sent to applicants that fail to respond to the original request. If no contact is made within one calendar month of the reminder, applications will be cancelled. A final letter will be sent to confirm cancellation Removing applications from the scheme Applications will be removed from the register in the following circumstances: it is found that the applicant has never been, or ceases to be, an eligible person (as defined in legislation as detailed at Appendix E); failure to respond to the re-registration process; failure to respond to formal communication concerning the application; or the applicant requests removal Housing management structure and responsibilities Authority for managing and operating SMBC s allocations scheme is delegated to the Chief Executive of SCH. Officers acting under these delegated powers take operational decisions: Chief Executive, Director of Housing, Head of Housing Options, Solihull Home Options Manager and Housing Options staff. The authority to grant Special Need priority for a move to a specific property type and/or area in circumstances that warrant an urgent move but which are not adequately reflected by standard housing need (bands). These decisions are made under delegated responsibility by the Head of Housing Options. The authority to grant priority where the applicant is releasing Council accommodation that is particularly important for meeting housing need, will be delegated to the responsibility of the Director of Housing and the Head of Housing Options. The authority to grant priority where the applicant needs to move to Solihull, where failure to meet that need would cause hardship (to themselves or to others) will be delegated to the responsibility of the Chief Executive, Director of Housing, Head of Housing Options. Varying letting criteria, including bedroom entitlement, relating to low demand properties in order to make best use of council stock is delegated to the responsibility of the Director of Housing and the Head of Housing Options. Waiver of age restrictions on the letting of properties designated for elderly persons is delegated to the responsibility of the Chief Executive, Director of Housing and the Head of Housing Options. Racial Harassment/hate crimes/domestic violence in circumstances where the applicant or a member of their household has been the victim of racial harassment or other hate crime including homophobic attacks) or domestic violence and urgently needs to be re-housed to avoid further risk of violence. Decisions will be delegated to the responsibility of the Head of Housing Options. 15

16 6. Rights and obligations 6.1 Applicants have the Right to receive information and to request reviews of decisions Sections 166 and 167 of the Housing Act 1996 contain provisions relating to the rights of applicants to receive advice and information, as well as rights to request reviews of decisions made in respect of their applications. In operating the scheme, officers of SCH will ensure that these obligations are met. Applicants have the right to request a review of the following decisions made in respect of their request for housing: a) to remove preference under the scheme because of unacceptable behaviour serious enough to make him unsuitable to be a tenant of SMBC; b) that a person is ineligible for housing because of his/her immigration status; c) any decision about the facts of his/her case which is likely to be, or has been taken into account in considering whether to allocate housing accommodation to him/her. Any such request for a review of a decision should be made in writing to the Head of Housing Options within 21 days of notification of the decision. Head of Housing Options Freepost RLSSUEBARTUZ Solihull Community Housing Endeavour House Meriden Drive Solihull B37 6BX Applicants will be given the opportunity to provide any further information that the Council may be previously unaware of and to put forward the reasons why they believe that the decision is incorrect. The Head of Housing Options, or another delegated officer who is in more senior position to the officer who made the original decision, will then consider the request for a review alongside the decision that had been previously made. The applicant will be informed of the decision, in writing, within 56 days of the request for a review being received. The applicant has the right to be informed of the decision on the review and the reasons why the decision has been made. If an applicant receives a negative decision regarding their review they will be advised to seek independent advice. The only right to challenge the decision would be through Judicial Review, which will require specialist legal assistance. Applicants will be provided with information on local Citizens Advice Offices, Solicitors or Shelter, who will be able to assist further. 16

17 7. Other Matters 7.1 Statement of Choice All allocation schemes are required to contain a statement of the Council s policy on offering eligible applicants a choice of accommodation or the opportunity to express preferences about the accommodation offered to them. Solihull Home Options facilitates choice by adopting a scheme whereby applicants can apply for particular properties, which have been advertised as available to let. 7.2 Annual Letting Plan SMBC s housing allocations scheme provides for the operation of a lettings plan that sets broad targets for the provision of homes which are allocated to each of the seven bands. The plan sets to achieve an appropriate balance in meeting a range of housing needs, helping to promote more sustainable and balanced communities. Lettings outcomes will be closely monitored to ensure that, in overall terms, the scheme continues to give preference to those in greatest housing need. A letting plan operates for the allocation of 25% of empty properties available annually of two- and three-bedroom houses and low-rise flats to Council and Housing Association tenants transferring within the stock. 7.3 Local Lettings Policy Local lettings policies may be applied for by partner landlords in specific circumstances. For example, a minimum age requirement for certain blocks of flats. Any local lettings criteria will be clearly explained in property advertisements. 7.4 Move on The allocations policy operates a Move On protocol with Supported Housing providers operating in the borough which reflects the balance between helping achieve move on for people in Supported Housing schemes who have completed a rehabilitation programme and can move to independent accommodation. 7.5 Movement incentive A movement incentive scheme is available to Council tenants who are willing to release under-occupied properties and move to smaller accommodation as set out in the terms of the scheme. A financial payment may be eligible based on the number of bedrooms released. For more information contact Service Standards Applicants will be given clear information on the service standards that they can expect. Service standards are available on the SMBC and SCH websites and in SCH s leaflet 2 Service Standards and Customer Feedback. 17

18 7.7 Equal opportunities All partners involved in delivering Solihull Home Options are committed to equal opportunities and anti-discriminatory practice. Every effort will be made to ensure that people applying for housing are treated fairly and sensitively, and will not be discriminated against on the grounds of race, colour, ethnic or national origin, disability, religion, age, gender, sexuality or marital status. Solihull Home Options aims to ensure that all sections of the community have equal access to services and that such services are non-discriminatory, culturally sensitive and are delivered in a way that takes into account the specific needs of disadvantaged groups. Solihull Home Options aims to meet the needs of disabled applicants requiring adaptations by seeking to facilitate the most appropriate match between individual applicants needs and the adapted, or partially adapted, properties that become available to let. The Health and Housing Occupational Therapists work jointly with officers of Solihull Home Options to meet these requirements. A wide range of translation services will be made available to applicants from ethnic minority groups and material is also available in other formats. 7.8 Confidentiality All applications for housing accommodation will be dealt with in a confidential manner. Information held under the scheme will not be disclosed to any third party except where: a) The individual who is the subject of such confidential information has consented to disclosure to a third party; or b) it is permissible to disclose the information under data protection legislation; or c) there is a requirement in law to make such disclosures; or d) it is considered that the customer has given consent for any information held on an application to be shared with other social housing landlords and other agencies. 7.9 Alternative housing options There is a greater demand for social housing in the Borough than can be met by existing supply. Solihull Home Options will provide applicants with a range of information regarding their housing options. This will include information about: housing associations mutual exchanges areas of choice, property types and size of SMBC housing stock low cost home ownership options renting in the private sector options for the applicant to remain in their current home. 18

19 Appendix A: Solihull New Banding System Bands A G: Band A = high priority Band G = low priority Housing circumstances Exceptional medical need as defined in paragraph Statutory overcrowding Where the applicant and their household are living in accommodation which is overcrowded according to parts X or XI of the Housing Act 1985 Hazardous accommodation Where the applicant and their household are living in accommodation which the SMBC s environmental health officers confirm as a Category 1 Hazard under Housing Health and Safety rating system Racial harassment / hate crimes / domestic violence Where the applicant or a member of their household has been the victim of racial harassment or other hate crime (including homophobic attacks) or domestic violence and urgently needs to be re-housed to avoid further risk of violence. Decisions on this will be taken by the Head of Housing Options (see section 5.14) Vulnerable persons / witness protection tier 1 (see note 1i below) The applicant or a member of their household is vulnerable by reason of a real threat of violence or an attempt on the life of the person / witness giving evidence and the police have recommended that the applicant be urgently re-housed Releasing particular Council accommodation important for meeting housing need Decisions on this will be taken by SCH s Director of Housing (section 5.14) Releasing 2 or more bedrooms in a house or ground-floor flat / maisonette in Council or partner housing association properties Regeneration / clearance Where the applicant is the current tenant of accommodation which is subject to clearance and is required to move (having received a visit from SCH s Homemaker Team), and there is no other urgent housing need such as would entitle the applicant to be placed in Band A Statutory homeless Where the applicant is owed the full housing duty under section 193 of the Housing Act 1996 and there is no other urgent housing need such as would entitle the applicant to be placed in Band A Urgent medical need as defined in paragraph Priority date A 3 months time-limited review A 3 months time-limited review A 3 months time-limited review A 3 months time-limited review A 3 months time-limited review A 3 months time-limited review A 3 months time-limited review B 6 months review then direct offer B 2 advertising cycles review then direct offer B 6 months review 19

20 Housing circumstances Children leaving care under Section 23 of the Children Act 1989, as amended by the Children Leaving Care Act 2000 SMBC tied accommodation Where the applicant occupied accommodation by reason of his employment by SMBC and is retiring Families in need See note 1e below Non-successors See paragraph Priority date B 6 months review B 6 months review B 6 months review B 6 months review then direct offer B 6 months review B Special need See note 1h below Ex-forces See note 1g below 4 need factors cumulative need: see note 1c C4 3 need factors cumulative need: see note 1c C3 2 need factors cumulative need: see note 1c C2 Releasing 1 bedroom in a house or 1ormore bedrooms in a low-rise flat or maisonette in Council or partner housing association properties Vulnerable persons / witness protection tier 2 (see note 1i below) The applicant or a member of their household is vulnerable by reason of violence made against a person / witness giving evidence but is not considered life threatening and the police have recommended the person be re-housed Hazardous accommodation Where the applicant and their household are living in accommodation which the SMBC s environmental health officers confirm as a Category 2 Hazard under Housing Health and Safety rating system Homeless persons other than those who are currently owed the full housing duty under section 193 Ex-offenders (who gave up an SMBC or partner housing association tenancy upon entering prison or who have been made the subject of a referral by MAPPA) (subject to agreement from the Landlord) Households 1 or 2 bedrooms short of bedroom assessment as defined in Appendix B Sharing bathroom and / or kitchen with another household and 1 or 2 bedrooms short Children in flats Where the applicant has a household including one or more children and occupies a high- or low-rise flat which is above the ground floor Sharing bathroom and / or kitchen with another household or no inside WC Non urgent medical as defined in paragraph D D D D D D D E E E 20

21 Housing circumstances Vulnerable persons / witness protection tier 3 (see note 1i below) The applicant or a member of their household is vulnerable where there is only a perceived threat by the person / witness giving evidence and other crime prevention techniques will be considered with the need for re-housing not urgent Couples without children living separately Hardship Where the applicant needs to move to Solihull where failure to meet that need would cause hardship (to themselves or others). Decisions on this will be taken by the Chief Executive and Director of Housing of SCH (section 5.14) No local connection with an assessed housing need where the applicant has no local connection with Solihull as defined in section 4.6 but comes within one of the categories in Bands A to E No housing need All applicants who do not come within any of the categories in Bands A to F Priority date E E E F G Notes to table 1 1a Applicants who have been allocated to Band A or Band B will have their cases reviewed after three months or six months. Any new information will be taken into account at this stage. The applicant s engagement with Solihull Home Options will be assessed. If the applicant has failed to engage, their preference may be reduced. The review will be carried out by a member of the Housing Options team and the applicant will be informed of the outcome in writing. The applicant may appeal against any such decision in accordance with the procedure set out in Section 6 of this Scheme. 1b 1c 1d 1e Applicants who fall within more than one of the categories in Band B will be placed in Band A for three months. At the end of that period, their case will be reviewed. Applicants who fall within more than one of the categories in Bands D and E will be placed in Band C according to the number of cumulative factors. Overcrowding, other than statutory overcrowding, is assessed using the Bedroom Assessment table in appendix B. Families in need Priority will be awarded to applicants where families need to be housed either: to maintain families living together to maintain a child support network e.g. foster families and adoptive parents as a consequence of child protection issues 21

22 Cases of this nature will be referred to the Special Housing Panel for consideration. The panel representatives may include senior officers from SCH, Solihull Care Trust and Education and Children s Services. 1f Young people leaving care and applicants who are 16 and 17 year olds There is a duty to house young people who have been in SMBC s care once they reach the age of 18 and the 16+ Council s Team no longer have a duty to accommodate these young people. SMBC, acting as a corporate parent, aims to ensure care leavers have a smooth transition into permanent social housing, when appropriate. Therefore when a young person leaving care approaches the age of 18, and wishes to access social housing, a protocol exists to ensure that this happens effectively. Applications from 16- and 17-year-olds who have not been in the care of SMBC will be considered eligible for the housing register, but persons under the age of 18 are not legally able to hold a legal interest in land. Eligible applicants will therefore be able to register an application but will not be considered for a secure tenancy until they are 18. Applications from 16- and 17-year-olds will be referred to the Housing Aid and Homelessness Team. 1g Forces applicants Applicants who are serving in the British Armed Forces can apply to join the housing register and will be placed in Band G. However only those applicants who can prove a previous connection to the Borough (as per Section 4.6 e) prior to joining the forces, will 28 days before their discharge be given a priority Band B. Those people leaving the forces but do not have a local connection to the Borough will be in Band F. Applicants who have already been discharged from the British Armed Forces within the last 6 months for medical reasons can apply to join the housing register and will be placed in Band B, providing they have a local connection to the Borough (as per Section 4.6 e). Their application will be assessed in line with SMBC allocations scheme. All applicants within the armed forces will have their application start date assigned to the date they entered the armed forces (relevant documents will be required as evidence). 1h Special need The housing allocation scheme is intended to cover the vast majority of applications so that they can be assessed in a consistent, equitable and accountable way. The banding system takes into account a wide range of circumstances that many applicants detail in their housing applications. 22

23 However, it is impossible to anticipate every eventuality and therefore designated officers within SCH have discretion in exceptional circumstances to award special need priority. The award of special need priority will be subject to periodic review by officers from the Council s Housing Strategy Team. 1i Witness Protection tiers 1, 2, 3 In order to protect witnesses we have adopted the West Midlands Witness Protection Protocol, which outlines three levels of support that are available to witnesses. This is managed by Solihull Community Housing in conjunction with the Police and other agencies and recognises the need at times to address the re-housing of applicants in circumstances of urgency indicated below: Tier 1 (Band A) there is a real threat of violence or attempt on the life of a witness giving evidence. Tier 2 (Band D) a threat of violence has been made against a witness giving evidence but is not considered life threatening. Tier 3 (Band E) where there is a perceived threat which can be managed using crime prevention techniques and the requirement for re-housing is not urgent. 23

24 Appendix B: Bedroom assessment Households are assessed as having a bedroom(s) short if they do not have the following minimum provision. Household make-up Single person / couple Single person / couple occupying studio / bedsit accommodation Single person / couple with 1 dependant / nondependant Single person / couple with 2 dependants / nondependants of the same sex who are aged under 16 years Single person / couple with 2 dependants / nondependants of opposite sexes where the eldest is under 10 years Single person / couple with 2 dependants / nondependants of opposite sexes where the eldest is 10 years or over Single person / couple with 2 dependants / nondependants where one or more of the dependants or nondependants are aged over 16 Single person / couple with 3 dependants / nondependants all aged under 16 Single person / couple with 3 dependants / nondependants where the eldest dependant / nondependant is over 16 years, and the other dependants / non-dependants are of opposite sex and the eldest is under 10 Single person / couple with 3 dependants / nondependants where the eldest dependant / nondependants is aged over 16 and the other dependants / non-dependants are of opposite sex and the eldest is 10 years or over Single person / couple with 4 dependants / nondependants all of the same sex and all aged under 16 years Single person / couple with 4 dependants / nondependants aged under 16 where one dependant / non-dependant is of the opposite sex but not sharing a room with someone over 10 Bedroom assessment 1 bedroom for the household 2 bedrooms for the household 2 bedrooms for the household 2 bedrooms for the household 3 bedrooms for the household 3 bedrooms for the household 3 bedrooms for the household 3 bedrooms for the household 4 bedrooms for the household 3 bedrooms for the household 3 bedrooms for the household 24

25 Household make-up Single person / couple with 4 dependants / nondependants aged under 16 where one dependant / non-dependant is of the opposite sex and sharing a room with someone aged over 10 years Single person / couple with 3 dependants / nondependants where 2 or more dependants / nondependants are aged over 16 years Single person / couple with 4 dependants / nondependants all of the same sex where one or two of the dependants / non-dependants is aged over 16 Single person / couple with 4 dependants / nondependants where 3 or more are aged over 16 Single person / couple with 5 dependants / nondependants all aged under 16 years Single person / couple with 6 dependants / nondependants all aged under 16 years where no dependant / non-dependant has to share a room with a child of the opposite sex who is aged over 10 Single person / couple with 5 dependants / nondependants where the eldest is aged over 16 years of age and two dependant / non-dependants of opposite sexes have to share a room where the eldest is over 10 years of age Single person / couple with 6 dependants / nondependants where one of the dependants / nondependants is aged over 16, or where 2 dependants / non-dependants are of opposite sex where the eldest is aged over 10 and they have to share a room Bedroom assessment 4 bedrooms for the household 4 bedrooms for the household 4 bedrooms for the household 5 bedrooms for the household 4 bedrooms for the household 4 bedrooms for the household 5 bedrooms for the household (this is an assessment of bedrooms short only households of this size will be allowed to express interest in 4 bedroom accommodation due to little or no availability of 5 or more bedroom accommodation) 5 bedrooms for the household (this is an assessment of bedrooms short only households of this size will be allowed to express interest in 4 bedroom accommodation due to little or no availability of 5 or more bedroom accommodation) 25

26 Household make-up Single person / couple with 6 or 7 dependants / nondependants of any sex or age Single person / couple with 8 or more dependants / nondependants of any sex or age Bedroom assessment 5 bedrooms for the household (this is an assessment of bedrooms short only households of this size will be allowed to express interest in 4 bedroom accommodation due to little or no availability of 5 or more bedroom accommodation) 5 bedrooms for the household (this is an assessment of bedrooms short only households of this size will be allowed to express interest in 4 bedroom accommodation due to little or no availability of 5 or more bedroom accommodation) 26