Tower Hamlets Council - Issue - items at meetings - Any Unrestricted Decisions "Called in" by the Overview & Scrutiny Committee

(Under provisions of Section 30, Rule 59 of the Constitution).

In relation to the Call-In of Agenda Item 6.3 (Housing Allocations

DECISION

1. To note the response of the Overview and Scrutiny Committee to the call-in.

2. To agree to reinstate existing social housing tenants under the age of 50 to Band 3 of the Common Housing Register (a change to the original recommendation 3)

3. To retain the proposal to allow applicants placed in out of borough Private Rented Sector accommodation to remain on the housing register for a time-limited three-year period. (as set out in Paragraph 3.3 of the original report)

Action by:

CORPORATE DIRECTOR, PLACE (A. SUTCLIFFE)

(Divisional Director, Housing and Regeneration (K. Swift)

The Mayor reported on his response to the call-in of the decision taken at the 23 September 2020 cabinet meeting in relation to Housing Allocations. He explained that he had taken time to fully explore the issues and concerns raised as this was a technical issue.

He highlighted the housing crisis in the area and acknowledged the challenge between providing good options for those in housing needs whilst not also leading to expectations that could not be fulfilled. For example, very few properties became available for those in Band 3.

He explained that he had agreed to reinstate existing housing tenants under the age of 50 to Band 3 of the Common Housing Register and would be retaining the proposal to allow applicants placed out of the borough in private rented accommodation to remain on the housing register for three years.

He welcomed continued scrutiny of the Council’s housing allocations policies.

RESOLVED

1. To note the response of the Overview and Scrutiny Committee to the call-in.

2. To agree to reinstate existing social housing tenants under the age of 50 to Band 3 of the Common Housing Register (a change to the original recommendation 3)

3. To retain the proposal to allow applicants placed in out of borough Private Rented Sector accommodation to remain on the housing register for a time-limited three-year period. (as set out in Paragraph 3.3 of the original report)

To note the outcome of the Call-In of the Mayor’s decision in Cabinet to approve the proposed changes to the CHR Allocations Scheme will cause serious detriment to homeless families going forward and over 1,000 longstanding residents currently in Band 3.

The Committee noted that:

· The Mayor’s decision in Cabinet to approve the proposed changes to the CHR Allocations Scheme had been Call-In; and

· The decision had been referred to the Mayor in Cabinet for reconsideration, including consideration of the alternative course of action with no amendments or additions.

The Overview and Scrutiny Committee (Committee) noted that the Mayor in Cabinet on Wednesday, 23 September 2020 had made a decision in respect of agenda item 6.3 ‘Amendments to the Council’s Housing Allocations Scheme’ was ‘called in’ under the Overview and Scrutiny Committee Procedure Rules of the Council’s Constitution by Councillors Marc Francis, Tarik Khan, Mohammed Pappu, Shah Ameen and Shad Chowdhury (‘Call-in Members’).

The Committee noted:

· the Cabinet report,

· the Mayor in Cabinet Decision published on 25 September 2020,

· the “call in” requisition from the Call-in Members submitted on 2 October 2020,

· representations by the Call-in Members, and

· representations by the Mayor, John Biggs – standing in for Cllr Sirajul Islam.

The Call-in:

· Called on the Mayor to revise his decision in Cabinet on 23rd September removing existing social tenant’s under-50 from Band 3 and reinstate all these applicants to their former position within the Common Housing Register.

· Stated that (i) given the incorrect apportionment of lettings into sheltered accommodation within the Band 3 quota, (ii) the Mayor should instruct officers that the current 5 per cent quota should be retained and only General Needs lettings be counted towards it (iii) consideration should also be given to making good the shortfall in General Needs lettings to Band 3 applicants against the 5 per cent quota over the next two or three years.

· Called on the Mayor to revise his decision in Cabinet on 23rd September restricting homeless households placed outside Tower Hamlets to three years on our Common Housing Register by making this period indefinite, so that they remain LBTH’s responsibility until they successfully bid for social housing or they voluntarily withdraw their housing application.

Stated that the Mayor should instruct officers to commission an independent review of the practice of discharging LBTH’s duty to homeless families into the PRS, including speaking to those families this has been done to, and bring that review to the Housing & Regeneration Scrutiny Sub-committee within the next six months.

Call-in Members Presentation

The Call-in members the presented the reasons for call-in to the Committee and proposed alternative course of action, and added that:

· The decision will result in removing over 1000 residents from band 3 waiting list

· Legal challenge in Lambeth should be reflected in the decision

· Removing people after three years is not appropriate given these people are part of LBTH community – The Call-in Members want to encourage people to stay in the Borough.

· The consultation clearly showed the community’s views – which were not heeded by the decision.

Following the presentation by the Call-In members, the Committee then posed several questions concerning:

· Band 3 under 50s – situations for applicants’ moving/change of situations

· Band 3- and three-year cut-off – impact on other bands

· Consultation responses, and community voices being heard

The Committee then received and noted the response from the Mayor that set out the context of the Cabinet Decision and reviewed the key elements of the decision, reflecting that:

· this decision is about being realistic about people’s chances of ... view the full minutes text for item 4

The Pre-Decision Scrutiny Questions and officer responses were noted.

The original recommendations were amended and then agreed.

DECISION

1. To note the outcome of the consultation on the Council’s proposed amendments to the Allocations Scheme and the Equality Analyses at Appendices 2 and 4 of the report.

2. To approve the proposed amendments to the Allocations Scheme as set out in paragraph 3.3 to 3.7 of the report.

3. To approve the proposal to remove existing social housing tenants under the age of 50 from Band 3 of the Common Housing Register.

4. To authorise the Corporate Director Place to develop an Intermediate Housing Register.

5. To authorise the Corporate Director Place to determine the eligibility criteria for the first three months of marketing any new Intermediate Housing projects, (fully or partially funded by the GLA), following consultation with the Mayor and Cabinet Member for Housing and Regeneration.

6. To agree that the maximum household income threshold for eligibility to join the Common Housing Register be increased to £90,000 as set out in paragraph 3.10 of the report and authorise the Corporate Director Place to increase this figure as and when the GLA amends its maximum household income threshold for eligibility to access shared ownership products.

7. To approve the miscellaneous amendments and revisions to the policy as detailed in paragraph 3.11 of the report.

8. To ratify and/or authorise all past, present and future exercises of its functions under Part 6 of the Housing Act 1996 (as permitted by Article 2 of the Local Authorities (Contracting Out of Allocation of Housing and Homelessness Functions) Order 1996) by, or by employees of, the RP partners from time to time to the Common Housing Register, including but not limited to the following: Arhag Housing Association, Clarion Housing, Eastend Homes, Gateway Housing Association, London & Quadrant, Metropolitan Thames Valley, Network Homes, Newlon Housing Trust, North London Muslim Housing Association, Notting Hill Genesis, One Housing, Peabody, Poplar HARCA, Providence Row HA, Southern Housing Group, Spitalfields Housing Association, Swan Housing Association, Tower Hamlets Community Housing or their successors in title or any other RPs or bodies that the Council may choose to partner with from time to time.

9. To authorise officers retrospectively to contract out the exercise of the Council’s functions referred to in point 8 above.

10. To review the policy annually and offer the Overview and Scrutiny Committee a report on the implementation of the changes made one year after their implementation (expected to be one year after 1 April 2021),

Action by:

CORPORATE DIRECTOR, PLACE (A. SUTCLIFFE)

(Divisional Director, Housing and Regeneration (K. Swift)

(Strategy and Policy Officer, Place (U. Bedford)

Councillor Sirajul Islam, Statutory Deputy Mayor and Cabinet Member for Housing, introduced the report. He highlighted the proposals which had received the most comments during consultation including amendments which had therefore been made to the proposals to remove different groups to Band 3. He also noted positive changes that were being proposed around relief housing and more.

He proposed an additional recommendation around the future review of the scheme and the offer of a presentation to the Overview and Scrutiny Committee on its impact.

The report was discussed and various issues were debated including around intermediate housing, overcrowding, anti-social behaviour and abuse, local advertising of properties and the potential for unexpected implications from the changes. The Mayor thanked everyone for their contributions and officers for preparing the report. He noted the Pre-Decision Scrutiny Questions and officer responses, agreed to add the additional recommendation and agreed the updated recommendations.