WEST OXFORDSHIRE DISTRICT COUNCIL HOUSING NOMINATION SCHEME. CONTENTS Eligibility 1 QUALIFICATION FOR ENTRY ONTO WAITING LIST 2 2 THE WAITING LIST 4

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1 WEST OXFORDSHIRE DISTRICT COUNCIL HOUSING NOMINATION SCHEME CONTENTS Eligibility 1 QUALIFICATION FOR ENTRY ONTO WAITING LIST 2 2 THE WAITING LIST 4 Waiting List Priorities 3 REASONABLE PREFERENCE 5 4 SPECIAL CASE STATUS 6 5 ADDITIONAL PREFERENCE FOR LOCAL CONNECTION 8 6 LOCAL LETTING ELIGIBILITY CRITERIA 9 7 ALLOCATION OF POINTS FOR HOUSING NEED 10 8 CHOICE OF ACCOMMODATION 13 9 DETERMINING PRIORITY AS BETWEEN APPLICATIONS 13 Procedures 10 PROCEDURE FOR THE SELECTION OF NOMINEES REFUSAL OR SUSPENSION OF APPLICATIONS REFUSALS OF OFFERS OF TENANCIES WORSENING CIRCUMSTANCES INTENTIONALLY AUTHORITY TO MAKE NOMINATIONS AUTHORITY TO MAKE DECISIONS ON HOMELESS APPLICATIONS 17 Nominations Policy Page 1

2 THE HOUSING NOMINATION SCHEME Eligibility 1 QUALIFICATION FOR ENTRY ONTO HOUSING WAITING LIST 1.1 An Applicant is eligible to register on the housing waiting list if:- (a) they have a local connection as defined in 1.2; and (b) they also satisfy at least one of the criteria set out in 1.3 and (c) they are not ineligible to register because they are not a qualifying person as set out in Section 160ZA Housing Act or because of circumstances set out in 1.4; 1.2 An Applicant has a local connection for the purposes of being eligible to register on the housing waiting list if either: (a) he/she is, or in the past was, normally resident in West Oxfordshire Residence means occupation of permanent accommodation and shall not normally include occupation of a caravan that is not on a licensed site or occupation of a holiday letting, hotel or bed and breakfast accommodation for the purpose of a holiday. If not currently resident, the Applicant should either have been resident in the District for three years out of the five years prior to the date of application or have been resident in the District for at least 10 years in total. (b) Or he/she is employed in West Oxfordshire or has the written offer of employment in the District; Employment should be of a permanent nature and if self-employed, the business should be predominantly operated within the District. (c) Or he/she has family resident in West Oxfordshire; Family is defined as parent, children, grandparents, grand children and siblings, including step, in law and foster relatives and the family member should have been resident in the District for at least five years in total. (d) Or there are special circumstances which include but are not limited to: (i) (ii) the Applicant is a person to whom the Authority has accepted a duty to secure accommodation under Part VII of the Housing Act 1996, as amended by the Homelessness Act 2002, relating to homelessness; the Applicant is a member or former member of the Armed Forces who, notwithstanding the fact that they do not have a local connection is eligible to register on the waiting list as prescribed by The Allocation of Housing Nominations Policy Page 2

3 (Qualification Criteria for Armed Forces) (England) Regulations 2012 (SI 2012/1869). This includes: i. those who are currently serving in the regular forces or were serving in the regular forces at any time in the five years preceding their application; ii. bereaved spouses or civil partners of those serving in the regular forces where (i) the bereaved spouse or civil partner has recently ceased, or will cease to be entitled, to reside in Ministry of Defence accommodation following the death of their service spouse or civil partner, and (ii) the death was wholly or partly attributable to their service; iii. existing or former members of the reserve forces who are suffering from a serious injury, illness, or disability which is wholly or partly attributable to their service. (iii) the Applicant does not have a local connection as defined above but whose housing application should be accorded reasonable preference as defined in this policy on medical or welfare grounds. 1.3 In addition to having a local connection, to be eligible to register, the Applicant must also satisfy at least one of the following criteria (a) The Applicant must either have at least 3 points in accordance with the points scheme or be eligible for special case as defined in Section 4 of the policy; (b) If the Applicant does not satisfy 2.4(a), they are eligible to register if they have a local connection and either (i) there is reason to believe that the Applicant is likely to become homeless and be in need of alternative accommodation; or (ii) the Applicant wishes to be considered only for properties that are considered to be in low demand; or (iii) the Applicant is a tenant or shared ownership lessee of a housing association property in West Oxfordshire; or (iv) the Applicant has applied for a rural exceptions site scheme and they satisfy the relevant local connection criteria for eligibility for that scheme. 1.4 An Applicant is not eligible to register on the waiting list if :- (a) they are ineligible due to their immigration status; (for example people seeking asylum) A person subject to immigration control is not eligible for an allocation of accommodation unless he/she comes within a class prescribed in regulations made by the Secretary of State. (b) Or they do not satisfy the habitual residence test prescribed by law; Nominations Policy Page 3

4 (c) Or the Applicant s household has the financial resources to be able to resolve their housing situation satisfactorily; (d) Or the Local Authority does not consider the Applicant to be a qualifying person. 1.5 Where the Local Authority considers that an Applicant is not eligible to register or is ineligible for an allocation by virtue of section 160ZA Housing Act 1996 or is not a qualifying person, the Applicant will be notified in writing of the reason for the decision. 1.6 The Applicant may request a review within 21 days of the date that any such decision was notified. Where an Applicant requests a review, an officer who is senior to the person who made the original decision or the Head of Housing Services shall consider any relevant information provided by the Applicant or their representative either verbally or in writing to support their request for a review of the decision. The review will be considered on the basis of the Local Authority s nomination scheme and any legal requirements and taking into account any material changes that have occurred since the original decision. The Applicant will be informed of the decision on the review and the grounds for it within eight weeks of receipt of the request for a review. 1.7 Applicants who have previously been deemed not to qualify or be eligible may make a fresh application if they consider they should now be treated as qualifying, but it will be for the Applicant to show that his/her circumstances have changed. 2 THE WAITING LIST 2.1 The waiting list shall be maintained in three parts: an "active" list containing Applicants with Reasonable Preference, those awarded "special case" and/or those who have three or more points. 2.2 An active transfer list containing Applicants resident in the District who are tenants of Registered Providers. 2.3 A "deferred" list containing those Applicants whose circumstances do not fall within any of the foregoing categories or whose application has been suspended from consideration. 2.4 An Applicant for an allocation of housing accommodation has the right to request such general information as will enable him/her to assess how his/her application is likely to be treated under the scheme (including in particular whether he/she is likely to be regarded as a member of a group of people who are to be given reasonable preference as set out in Section 3 and whether housing accommodation appropriate to his/her needs is likely to be made available to him/her and, if so, how long it is likely to be before such accommodation becomes available for allocation to him/her. 2.5 An Applicant has the right to request the Authority to inform him/her of 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. Nominations Policy Page 4

5 Waiting List Priorities 3 REASONABLE PREFERENCE 3.1 Applications will be given reasonable preference in the allocation of housing if they fall within one or more of the following categories :- (a) homeless (within the meaning of Part VII of the 1996 Act); (b) people who are owed a duty by any Local Housing Authority under sections 190(2), 193(2), or 195(2) of the Housing Act 1996 or under section 65(2) or 68(2) of the Housing Act 1985 or who are occupying accommodation secured by such an 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 (including any grounds relating to a physical or a learning disability); and (e) people who need to move to a particular locality in the district of the Authority, where failure to meet that need would cause hardship (to themselves or to others). Behaviour taken into account 3.2 Any behaviour of an Applicant (or member of his/her household) which affects his/her suitability to be a tenant will be taken into account by the Local Housing Authority when determining their priority on the waiting list. 3.3 No priority will be given to an Applicant where they are guilty of unacceptable behaviour serious enough to make them unsuitable to be a tenant (within the meaning of the Homelessness Act 2002 and Code of guidance) and at the time the application is considered, by reason of that behaviour, deserves not to be a member of the group of people to whom Reasonable Preference should be given. In such cases the Local Authority will take into account whether there is an overriding need to consider the application on health, welfare or community safety grounds when considering such behaviour. Other considerations 3.4 Applicants will not be given Reasonable Preference if they would only qualify for Reasonable Preference by taking into account a restricted person within the meaning of Part VII of the Housing Act A restricted person is a person subject to immigration control who is not eligible for homelessness assistance because he/she does not have leave to remain in the UK or has leave which is subject to a no recourse to public funds condition (section 184 of the Housing Act 1996). Nominations Policy Page 5

6 4 SPECIAL CASE STATUS 4.1 Subject to the categories of Reasonable Preference set out above, an Applicant may be given additional preference by the award of "Special Case" status if they are considered to have a need for housing accommodation higher than that of any Applicant awarded points under the points scheme. 4.2 "Special Case" status will be granted to the following Applicants:- (i) (ii) An Applicant for whom the Council has a statutory duty to provide housing accommodation under the Land Compensation Act 1973, by virtue of the provisions relating to housing orders. An agricultural worker the subject of a recommendation by ADHAC under the Rent (Agriculture) Act 1976, for rehousing. (iii) key workers, defined as those people who provide essential services necessary for continued economic growth and to sustain the quality of life in the District including employees required to deliver key services to the public such as health, social services, teaching and emergency services. Such key workers may only be given preference for rehousing where they are in housing need, they cannot afford accommodation locally, they need to live within the District in order to carry out their duties satisfactorily at their place of employment within the District and there is evidence that there are recruitment or retention problems in that particular service. (iv) An Applicant who becomes eligible for re-housing in accordance with the terms of a move on policy agreement entered into by the Council. (v) When, in the opinion of a suitably qualified medical practitioner, it is essential on medical or disability grounds for an Applicant to be re-housed as a matter of urgency. For example, families in severe overcrowding which poses a serious health hazard. (vi) Where the Local Authority has been asked to re-house an Applicant in the interests of public protection and promotion of community safety by the Police or Probation Service through the relevant channels and the Local Housing Authority has the ability to nominate to suitable accommodation. (vii) The Applicant's present accommodation is unsuitable because their continued occupation of the property is likely to lead to domestic abuse from a person associated with the Applicant, or a child of the Applicant is at risk of abuse from another occupant of the property. (viii) The Applicant is experiencing problems due to serious harassment or serious nuisance or is the victim of anti-social behaviour which may only be resolved by moving to alternative accommodation. (ix) The Applicant has a genuine and urgent need to move locality in order to give or receive care or support. Nominations Policy Page 6

7 (x) The Applicant is occupying accommodation intended to provide temporary accommodation in a crisis, or in order for them to receive specialised support, and their social or economic circumstances lead to difficulty in getting settled accommodation. For example, people leaving hospitals, living in a hostel, a refuge or night shelter, or are in institutional care. (xi) The Applicant has been referred for consideration for rehousing by a Local Social Service Authority under Section 27 of the Children Act 1989 where the Head of Housing Services considers that the Applicant is vulnerable. (xii) The Applicant is a vulnerable person aged 16 or 17 who is not a relevant child or a child in need to whom a Local Authority owes a duty under Section 20 of the Children Act (xiii) The Applicant is a person under 21 who was (but is no longer) looked after, accommodated or fostered between the ages of 16 and 18 or is a person aged 21 or more who is vulnerable as a result of having been looked after, accommodated or fostered. (xiv) The Applicant is vulnerable as a result of having been a Member of Her Majesty s regular naval, military or air forces. (xv) The Applicant is vulnerable as a result of having served a custodial sentence, having been committed for contempt of court or any other kindred offence or having been remanded in custody. (xvi) The Applicant is occupying accommodation owned by a Registered Provider, and the accommodation was provided as a temporary solution by the Local Authority in pursuance of it s duties under Part VII of the Housing Act 1996 towards persons who are homeless. However, (i) The application shall be deferred for so long as they are in breach of any of the conditions of tenancy. (ii) If appropriate, points for unsuitability of the accommodation shall also be awarded to the application in accordance with the usual scheme from the first day they occupied the accommodation. (xvii) Where the Council has accepted a duty to provide accommodation for an Applicant under Part VII Housing Act 1996 but the Applicant elects to occupy other accommodation on a short-term, temporary basis as an alternative to being accommodated by the Council in either bed and breakfast accommodation or other temporary accommodation. (xviii) A Transfer Applicant, whether or not they are in housing need, who occupies a property that, if they moved, would then become available for occupation by an Applicant who is in urgent need. Nominations Policy Page 7

8 (xix) The Applicant has an urgent housing need (i.e. falls within one of the Reasonable Preference categories) and a. is serving in the regular forces and is suffering from a serious injury, illness or disability which is attributable (wholly or partly) to the person s service or b. is a former member of the regular forces; or c. has recently ceased, or will cease to be entitled to reside in accommodation provided by the Ministry of Defence following the death of that person s spouse or civil partner who has served in the regular forces and whose death was attributable (wholly or partly) to that service; or d. is serving or has served in the reserve forces and is suffering from a serious injury, illness or disability which is attributable (wholly or partly) to that person s service. Regular forces and reserve forces have the meanings given by section 374 of the Armed Forces Act ADDITIONAL PREFERENCE FOR LOCAL CONNECTION 5.1 Certain housing developments are subject to a Section 106 agreement under the Town and Country Planning Act Such schemes require eligibility by reason of local connection with the Parish or Associated parishes as outlined in the Section 106 agreement relating to the particular scheme. 5.2 On first nomination in respect of new housing schemes located in parishes not including Witney, Carterton or Chipping Norton, the Local Authority will seek to enable at least half of those properties to be occupied by households who have a local connection with the parish in which the scheme is located. In such circumstances, local connection is satisfied if:- (a) the Applicant has lived in the parish for at least 12 months prior to nomination; or (b) the Applicant has been employed in the parish for at least 12 months prior to nomination; or (c) the Applicant has previously lived in the parish for at least 3 years; or (d) the Applicant has family resident in the parish who have been resident for at least 3 years prior to nomination of the Applicant. 5.3 Where more than one eligible Applicant has the same degree of priority or the same number of points, preference will be given to Applicants in date order of registration who: i. are resident or employed in the District and have been so for at least 12 months prior to nomination; or ii. if not currently resident, have previously lived in the District for at least 5 years. A person serving in the Armed Forces can establish a local connection through residence or employment in the district in the same way as a civilian. Nominations Policy Page 8

9 6 LOCAL LETTING ELIGIBILITY CRITERIA 6.1 Section 166A(6)(b) of the Housing Act 1996 enables Housing Authorities to allocate specified accommodation to Applicants of a particular description, whether or not they fall within the reasonable preference categories, provided that overall, the Authority is able to demonstrate compliance with the requirements of section 166A(3) Housing Act From time to time, the Local Authority will agree a local lettings policy for specified accommodation in order to achieve a jointly agreed specific housing management or policy objective. Nominations Policy Page 9

10 7 POINTS SHALL BE ALLOCATED FOR: (a) Points Overcrowding Applicant or Applicant and Partner are lacking a bedroom 6 Dependant child lacking a bedroom 6 Two dependant children under 10 yrs lacking a bedroom to share 6 Two dependant children of same sex lacking a bedroom to share 6 Two dependant children of opposite sex sharing a bedroom where one is 6 aged 10yrs or older Two dependant children of opposite sex where one is aged 10yrs or older, 12 both lacking a bedroom Dependant children stay at least 2 days per week on a regular basis and 3 lacking a bedroom Looked after child lacking a bedroom 3 Applicant and Partner need separate bedrooms on health grounds 6 Single Applicant occupying a bed sit 3 (b) (c) (d) (e) Sharing accommodation plus for sharing kitchen for sharing living room for sharing bathroom and W.C. sub-standard accommodation points to be allocated only where the accommodation cannot be improved or repaired by reference to Environmental Services and relevant policy. No adequate cooking facilities No adequate bathroom No adequate inside W.C. No adequate hot water supply No adequate fixed heating system Applicants living in a touring caravan, houseboat or similar non standard structure Applicants living in a caravan or mobile home which is connected to mains services on an authorised site Disrepair where the Head of Housing considers that the condition of the property is so bad that it would not be reasonable to expect someone to continue to live there and the disrepair cannot be remedied within a reasonable period of time Nominations Policy Page

11 (f) (g) (h) medical reasons: Taking into account information given by the Applicant and any support given by a health authority practitioner. For reasons of physical or mental ill health or disability, a member of the household has: Minor difficulty in coping with property Moderate difficulty Requires urgent re-housing Family with at least one child under 5 yrs occupying a flat that is unsuited to their continued occupation, taking into account whether access is up stairs, the suitability of the internal layout, lack of amenities including access to a secure garden area insecurity or threat of homelessness: Applicants who are in the following situations will normally be considered to be occupying insecure accommodation where they are threatened with homelessness and they are not considered to be intentionally homeless: Points (i) (ii) the Applicant is under notice to leave accommodation which was tied to their former employment and the circumstances indicate that it would not be reasonable for them to have continued in employment. the Applicant is required to leave accommodation provided by the regular forces and they have a local connection with the District. (iii) the Applicant has been given notice to vacate rented accommodation or lodgings and it is clear that there is no defence to possession proceedings (iv) the Applicant's home is likely to be repossessed for non payment of the mortgage and it is considered that s/he could not reasonably afford to maintain the mortgage. (v) the Applicant has a local connection with the District and their only home consists of a movable structure in circumstances whereby there is nowhere to legally place it and reside in it. (vi) the Applicant is accommodated by family or friends and has been requested to find alternative accommodation because their continued occupation of the accommodation is placing the household under considerable stress. (Points for sharing are no longer applicable) (vii) the applicant is required to vacate or dispose of the family home, having no rights of occupation that they could reasonably exercise. (viii) The applicant is in a hostel, or other accommodation of a similar temporary or emergency nature. Nominations Policy Page 11

12 (i) where points are awarded under 7(h) an Applicant whose household consists of a family with dependent children or includes someone with a need for settled accommodation on medical, disability or welfare grounds or is otherwise considered to be vulnerable and in priority need Points 4 (j) (k) (l) Homeless or Sleeping Rough: where the Applicant is not in priority need under the Housing Act 1996, as amended by Homelessness Act 2002, but is homeless or sleeping rough or has to constantly re-locate because they have no fixed address If such an applicant has no fixed abode and is sleeping rough e.g. in a tent, vehicle, shed or in the open air, an additional exceptional points: In recognition of exceptional circumstances where there is housing need that is not otherwise covered under the points categories, (applicable to all tenure types): Under occupation of social housing 12 4 Up to 6 For each bedroom that is surplus to the household s requirements 3 (m) To give or receive support Applicant or Current tenant of social housing who requires accommodation nearer to someone from whom they receive support or to whom they provide support (as defined by assessment guidance) Move is advisable Move will prevent hardship 2 4 (n) Reasons of housing management regarding existing tenants of social housing resident in the District Assessment is made taking into account whether the following apply: Location or type of property is unsuited to household s requirements, property could be better utilised for another household, to alleviate neighbour dispute, tenant no longer requires specially adapted accommodation, licensee or shorthold tenant awaiting transfer to more suitable accommodation, tenant cannot afford the rent because their benefit entitlement is reduced for having more bedrooms than are needed by the household, Move is advisable Move is essential Current Registered Social Landlord is of opinion that a tenant should be transferred as a matter of urgency Fixed term tenancy that is not going to be renewed and the tenancy has been conducted satisfactorily Nominations Policy Page 12

13 8 CHOICE OF ACCOMMODATION 8.1 Applicants may elect to be considered for as many areas in the District as they wish. They may also indicate those areas, localities or particular types of dwelling for which they do not wish to be considered. 8.2 Families in housing need are given priority when nominations are made to family sized accommodation. 8.3 Applicants who have a need for ground floor accommodation by reason of their age or disability are given preference when nominations are made for bungalows that are only suitable for occupation by older persons because of the character of the dwelling or the neighbourhood in which they are situated. When seeking nominations for a vacant bungalow, the relevant Registered Provider will indicate whether or not it is suitable for occupation by an Applicant with dependent children. 8.4 When considering applications from prospective foster carers or adopters who would require an extra bedroom to accommodate a foster or adoptive child, such Applicants may be considered for a larger property in order to facilitate a successful placement. 8.5 In respect of Applicants who receive support from carers who do not reside with them but may need to stay overnight, the need for a spare bedroom will be taken into account. 8.6 Single Applicants who have occasional need to accommodate dependant children will be considered for nomination to two bedroomed flats and houses. 9 DETERMINING PRIORITY AS BETWEEN APPLICATIONS 9.1 In making nominations for vacancies, the Local Authority will give priority to accommodating Applicants in greatest housing need. Each application will be considered on its individual merits but in doing so regard will be given to:- (i) whether the Local Authority are satisfied that an Applicant is homeless, eligible for assistance and has a priority need, and are not satisfied that he/she became homeless intentionally such that the Local Authority has a duty to secure that suitable accommodation is available for occupation by the Applicant and their household; (ii) whether the Applicant is entitled to Reasonable Preference by reason of one or more categories set out in section 3 of this policy; (iii) whether the Applicant is awarded Special Case status in accordance with section 4 of this policy; (iv) the points that have been awarded to the Applicant in accordance with section 7 of this policy, save that in the case of an Applicant in a particular locality who seeks nomination to a vacancy in that locality, that Applicant will be preferred where his or her housing need as indicated by the points awarded is similar to other Applicants; (v) whether any preference should be given by reason of local connection of the Applicant taking into account section 5 of this policy; (vi) Applicants seeking a relevant transfer taking into account their relative degree of housing need and in appropriate circumstances, whether it would be possible to Nominations Policy Page 13

14 allocate a resultant vacancy to a homeless Applicant or other Applicant in urgent need; (vii) Any verifiable information to the effect that an allocation of a particular vacancy would be disruptive to the stability or well-being of the local community. 9.2 Applicants who have the financial capacity to afford suitable alternative accommodation in their areas of choice may not be considered for accommodation where there are other suitable Applicants in housing need. 9.3 Where a local lettings policy has been agreed in respect of a particular scheme in the interests of promoting sustainability, nominations will be subject to the particular criteria that have been agreed with the Registered Provider. 9.4 In the event that the Council considers that nomination of the Applicant to any particular property would or might be disruptive to the stability of the local community, the Applicant will be informed of the decision and of the reasons for it and be given an opportunity to make representations. 9.5 In determining which Applicant should be nominated, the Council will identify any suitable Applicants who have been awarded Special case status because they are ready for move on. Particular regard will be given to nominating Applicants who have been ready for move on for more than six months, where, by moving such an Applicant, it will be possible for the Council to refer a suitable homeless Applicant or Special case Applicant for the resultant vacant accommodation and support. 9.6 If, having carried out a composite assessment in accordance with paragraph 9.1 above, there remain Applicants with an equal number of points or degree of priority, where such Applicants are threatened with homelessness, the Applicant who is likely to become homeless first shall take precedence. Otherwise precedence will be given taking into account 5.3. Procedures 10 PROCEDURE FOR THE SELECTION OF NOMINEES FOR ALLOCATION OF TENANCIES 10.1 As soon as is practicable after being notified of a forthcoming vacancy, the Head of Housing shall, following consultation with the Cabinet Member with responsibility for Housing, select Applicants for nomination in accordance with section 9 above. The Head of Housing will inform the Councillor(s) for the ward in which that vacancy is situated, in writing, of the forthcoming vacancy, and of the proposed nominee(s), giving two working days in which to make comment In the event of a Ward Councillor having verifiable information relating to one or more of the following grounds: (i) that incorrect or false information has been supplied by the Applicant; (ii) that the allocation would be disruptive to the stability or well-being of the local community; or (iii) the Ward Councillor has verifiable information which leads him to believe that another Applicant is in greater housing need than the selected Applicant(s), Nominations Policy Page 14

15 within two working days of receiving notification, the Ward Councillor shall provide that information to the Head of Housing Upon receipt of any such information, the Head of Housing shall carry out such further investigations as may be required into the application(s) concerned, including where appropriate an interview with the Applicant where he or she will be given the opportunity to make further representation to the Council as to the urgency of their need to be rehoused or to provide information where the Council is considering deferment of their application from consideration After the expiry of 2 working days or the completion of any further investigations carried out where this has occurred, the Head of Housing will submit the selected Applicants to the relevant Strategic Director who will then decide in consultation with the Leader or Deputy Leader which of the Applicants will be put forward as the Council s nominee for the vacancy taking into account the Nominations policy and with particular regard to Section 10 of the policy In the event that the relevant Strategic Director has had prior involvement in relation to any selected Applicant, the decision on nomination will be made by the Chief Executive in consultation with the Leader or Deputy Leader, taking into account the Nominations policy and with particular regard to Section 9 of the policy Where (a) the accommodation for which an allocation decision falls to be made is situated in the electoral division or Ward of the Cabinet Member with responsibility for Housing, the Leader or Deputy Leader; or (b) the Applicant has his sole or main residence in the electoral division or Ward of the Cabinet Member with responsibility for Housing, the Leader or Deputy Leader, then the relevant Member shall take no part in the process (other than in their role as Ward Councillor) and another Cabinet Member whose Ward is not affected by the proposed nomination shall be substituted for the Member concerned As part of the determination process, it may be appropriate in certain circumstances for the proposed nominee(s) to be invited to make representations on their behalf. 11 REFUSAL OR SUSPENSION OF APPLICATIONS 11.1 Subject to the consideration of the Applicant s individual circumstances, an Applicant may be suspended from being nominated in the event that (a) The Applicant owes rent or other housing debts unless (i) they can show that they have agreed and maintained a repayment schedule for a minimum period of 3 months prior to acceptance for housing; or (ii) following individual assessment it is established that the Applicant has the willingness and intention to repay the debt by an instalment agreement. This exception specifically applies to homeless Applicants whom the Local Authority has a duty to accommodate. Nominations Policy Page 15

16 (b) The Applicant has committed acts of unacceptable behaviour within the last year such that it would warrant the service of a Notice Seeking Possession or injunctive action. For example: Using or threatening to use menacing, abusive or violent behaviour towards staff, contractors or tenants or anyone living in, visiting or engaging in lawful activity in the locality of their current/former home. Committing or threatening any form of harassment including harassment on the grounds of race, colour, age, religion, sex, disability or sexual orientation which may interfere with the peace and comfort of, or cause offence towards staff, contractors or tenants or anyone living in, visiting or engaging in lawful activity in the locality of their current/former home. (c) The Applicant is considered to have knowingly or recklessly given false information in connection with their application or to have knowingly withheld information which the Local Authority has reasonably required the Applicant to give in connection with assessing the application Where the Council intends to exercise its discretion to remove (other than at the Applicant's request), or suspend an application from consideration, the Council shall give at least 28 days notice requiring the person to provide such information as the Council reasonably requires to enable it to decide whether to remove or suspend the application. The Applicant will be given notice in writing of any such decision and the grounds for it The power of removal would be exercised if, for example, the Applicant was found to have given false or misleading information in connection with their application or if the Applicant becomes ineligible The Applicant is entitled to request a review of any decision not to enter them on the list or to cancel or suspend the application, to be exercisable within 21 days of notification of the Council s intention to do so A review will be carried out in accordance with REFUSALS OF OFFERS OF TENANCIES 12.1 In deciding whether to nominate an Applicant for a vacancy, the Council will have regard to the preferred locations and type of accommodation requested by the Applicant and any other information supplied by the Applicant with regard to the size or type of property that would be suitable for their household s needs Where an Applicant refuses to be considered for an offer of accommodation on the third occasion of being nominated and their preferences and needs have been taken into account, their application may be deferred for six months from the date of nomination, by the nominating officer An Applicant may appeal against a decision by the nominating officer to defer the application because of a refusal by making representations to the Head of Housing Services Nominations Policy Page 16

17 who will review the decision to defer in consultation with the Cabinet Member with responsibility for Housing In circumstances where an offer is being made in order to fulfil the Council s duty to secure accommodation under the Housing Act 1996 (as amended by the Homelessness Act 2002), the Council may consider that such duty has been fulfilled even where the Applicant refuses such an offer, on the basis that the accommodation is considered to be suitable as defined by the legislation. In such circumstances, the Applicant may appeal in accordance with the relevant legislation. 13 WORSENING CIRCUMSTANCES INTENTIONALLY 13.1 Where an Applicant voluntarily changes his accommodation with the effect of worsening his circumstances, then for the next six months the points awarded shall be based on the previous circumstances An Applicant or tenant may appeal against a decision taken under the foregoing provision by making written representations to the Head of Housing. 14 AUTHORITY TO MAKE NOMINATIONS TO HOUSING ASSOCIATIONS Delegation is given to the Head of Housing to make nominations from the Council's waiting list in accordance with this policy to Registered Providers/Housing Associations. 15 AUTHORITY TO MAKE DECISIONS ON HOMELESS APPLICATIONS 15.1 The Head of Housing shall be authorised to accept and refuse, on the Council's behalf, responsibility under the Housing Act 1996, as amended by the Homelessness Act 2002, in respect of persons presenting themselves to the Council as homeless An Applicant accepted as homeless under the Housing Act 1996/Homelessness Act 2002, shall be accommodated in accordance with the relevant legislation. In the event of accommodation not being available, the Head of Housing shall place the Applicant in bed and breakfast accommodation or other suitable temporary accommodation until other accommodation becomes available. Review of the Council s decisions on homelessness 15.3 An Applicant has the right to request a review of any decision of the Council as to their eligibility for assistance in respect of: (i) any decision as to his or her eligibility for assistance (i.e. whether he or she is considered to be a person from abroad who is ineligible for assistance under Part VII Housing Act 1996) or any decision as to what duty if any, is owed under Sections 190, 191, 192, 193 and 195 (duties to persons found to be homeless or threatened with homelessness); (ii) any decision under Section 198 to refer to another Local Authority with whom they have a local connection because they do not have a local connection with this District; and/or (iii) any decision as to suitability of accommodation offered to the Applicant. Nominations Policy Page 17

18 15.4 The Applicant may seek a review of the decision within 21 days of being so notified. There is no right to request a review of a decision on an earlier review The review process will be conducted by an appropriate senior officer that was not involved in arriving at the original decision. The Applicant and/or their representatives will be offered the opportunity to provide written and verbal representation to the officer as part of the review process If the Council confirms an original decision against the Applicant's interests, they must inform the Applicant of their right to appeal to the County Court if he or she is dissatisfied with the decision on a review The Council may continue to accommodate until the decision on a review is given, but is not obliged to do so. Nominations Policy Page 18