Draft Housing Allocations Policy

1. Southampton City Council’s Allocation Policy establishes who can apply to join the housing needs register and be considered for social housing. It also explains how we prioritise applications to ensure that those in the highest need have an opportunity to be housed.

2. The council is required to have an allocation scheme by section 166A (1) of the Housing Act 1996 (as amended by the Localism Act 2011) and to ensure the scheme is lawful and fair in determining the eligibility for and priorities in the allocation of social housing.

3. The council has had due regard to its public sector equality duty under S149 of the Equality Act 2010 and relevant legislation, regulations and guidance, this is set out in Appendix 2.

4. There is a huge demand for affordable homes in Southampton and a limited number of vacancies. An offer of accommodation is not guaranteed, even for applicants accepted onto the Housing Register. The purpose of this policy is to provide a framework for allocating the limited number of vacancies that become available.

5. The council’s aims and objectives of this policy are to:

   • provide equal and fair access to housing;

   • ensure a centralised method of identifying need;

   • make best use of the available housing in the city, responding to the housing need of local people;

   • provide a clear and transparent allocations policy;

   • empower applicants to make informed decisions about their own housing;

   • afford priority to those applicants in urgent housing need;

   • encourage and assist applicants to take an informed, measured and long-term view on their housing options.

6. In drafting, considering and operating this policy, the council has had due regard to its Public Sector Equality Duty.

7. Under Part 6 of the Housing Act 1996 (as amended), the council is required to make housing allocations and nominations in accordance with an allocations policy. The council allocates housing accommodation when it:

   • selects a person to be a secure or introductory tenant of accommodation held by the authority or another organisation;

   • nominates a person to be a secure or introductory tenant of housing accommodation held by them;

   • nominates a person to be an assured tenant of accommodation held by a private registered provider;

   • provides social housing tenants living in Southampton who need to transfer to alternative socially rented accommodation within the city.

8. There are many social housing providers in the city, including the council. The council maintains the Housing Register for all applicants who qualify to apply for social housing tenancy within Southampton. This means that the council is responsible for allocating properties in council-owned housing and on behalf of the other social housing providers (Housing Associations). This policy applies to the all social housing providers.

9. This policy does not include lettings of temporary accommodation, changes to existing tenancies, mutual exchanges, or applications in respect of homelessness. The council web page, Homelessness advice and housing options provides information for people who are homeless and how they can access support.

10. This policy does not apply to Secure or Introductory council tenants who are required to move (transfer) on management grounds. For example, to allow repairs to be made to a property. The relevant Local Housing Office administrates and makes decisions for management transfers. This includes the consideration of permitted areas and property type. Once a move is approved, the tenant will be matched with suitable properties by the Housing Allocations service. In the case of Assured tenants, the relevant landlord is expected to facilitate a management move within their own stock. Where this is not possible, the council may agree on a discretionary basis to rehouse the tenant under a reciprocal agreement. This would be discussed between the landlord and the council.

11. This policy does not apply to allocating pitches at the Kanes Hill Caravan site. Please refer to the Gypsy & Travellers Site Allocation Policy for details.

12. To join the Housing Register applicants must be both a) eligible and b) qualifying and meet the requirements for either c) “reasonable” or “additional” preference as laid out in the Housing Act 1996 and as amended by the Localism Act 2011.
13. A) Eligibility
    • 13.1 An applicant may be ineligible for an allocation of accommodation under S160ZA (2) or (4) of the Housing Act 1996. Provisions on eligibility of persons from abroad are set by Central Government. There are 2 categories of people from abroad who may be ineligible:
    • 13.2 Regulation 3
      1. (i) A person from abroad who is subject to immigration control.
      2. (ii) Two or more persons jointly if any of them is a person subject to immigration control.
    • 13.3 Regulation 3 of the Allocation of Housing and Homelessness (Eligibility) (England) Regulations 2006, as amended, sets out classes of persons who are subject to immigration control, who are eligible for an allocation of housing accommodation under Part 6 of the Housing Act 1996.
    • 13.4 The council also requires all applicants to be habitually resident in the UK to be considered eligible for an allocation of accommodation. A full list of those who are considered habitually resident in the UK and those who are eligible or ineligible for an allocation of accommodation is attached in Appendix 3.
    • 13.5 The Director of Housing has delegated authority to change the eligibility requirements of this policy, for example if Central Government amends the regulations which apply to eligibility for housing assistance.
14. B) To qualify
    • 14.1 In addition to being “eligible”, applicants must also “qualify” by meeting the council policy requirements. The council requires that applicants are:
      • 18 years of age or older, and;
      • not owners of residential property in the UK or abroad;
      • able to manage a tenancy and suitable to be a tenant;
      • have a Local Connection to Southampton.
    • 14.2 Local Connection
      In order to qualify for a local connection, applicants will need to meet one, or more of the criteria below:
      • live in the Southampton City Council area and have done so for the last 3 years or;
      • have lived 3 of the last 5 years in the Southampton City Council area prior to the date of application.
      • has permanent paid employment in the city and has been in continuous paid employment for a minimum of two years.
    • 14.3 Exception to Local Connection
      There are some exceptions where an applicant does not need to meet the local connection requirements. The exceptions include, but not limited to, if the applicant is:
      • owed a prevention, relief, or full housing duty by Southampton City Council under homelessness legislation;
      • a ‘looked after child’ as defined by Childrens Services and formally resident in the council area but had to be placed into accommodation outside of the area;
      • an existing social housing tenant who lives in England outside of the SCC area and have been assessed as meeting the Right To Move qualifying criteria;
      • currently serving with the regular armed forces, or left within 5 years of the date of the application;
      • has been asked to leave accommodation provided by the Ministry of Defence because their spouse or civil partner was serving in the regular armed forces and has died, and that his or her death was attributable (wholly or partly) to that service;
      • serving or has served in the reserve forces and are suffering from a serious injury, illness or disability which is attributable (wholly or partly) to that service;
      • divorcing/separating partners of serving members of the Armed Forces who are being asked to leave accommodation which has been provided by the Ministry of Defence;
      • fled domestic abuse. The council will comply with its duties under Domestic Abuse (DA) and Homelessness legislation and not apply residency criteria where there is unmet housing need and domestic abuse is the reason for having moved to the city.
      • moved to the city under a Witness Protection arrangement.
15. C) To meet requirement for “reasonable” or “additional” preference (section 166A(3)):
    • 15.1 Reasonable preference: The Allocation of Accommodation Guidance states that when local authorities in England frame their allocation scheme to determine allocation priorities, they must ensure that reasonable preference is given to the following categories of people (s.166A (3):
      • people who are homeless within the meaning of part seven of the Housing Act 1996 (including those who are intentionally homeless and not in priority need);
      • people who are owed a duty by any housing authority under section 190(2), 193(2) or 195(2) of the Housing Act 1996 (or under section 65 (two) or 68 (two) of the Housing Act 1985) or who are occupying accommodation secured by any housing authority under s.192(3);
      • people occupying insanitary or overcrowded housing or otherwise living in unsatisfactory housing conditions;
      • people who need to move on medical or welfare grounds, including grounds related to a disability; and
      • 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 others)
    • 15.2 In addition, the council is required to consider giving additional preference to:
      • those who need to move urgently because of a life-threatening illness or sudden disability;
      • families in severe overcrowding which poses a serious health hazard; and
      • those who are homeless and require urgent re-housing as a result of violence or threats of violence, including intimidated witnesses, and those escaping serious antisocial behaviour or domestic abuse.
    • 15.3 The council is required to give additional preference to certain categories of applicants from the Armed Forces community who have urgent housing needs, including:
      • former members of the Armed Forces;
      • serving members of the Regular Armed forces 6 months prior to discharge;
      • serving members of the Armed Forces who need to move because of a serious injury, medical condition or disability sustained as a result of their service;
      • bereaved spouses and civil partners of members of the Armed Forces leaving Services Family Accommodation following the death of their spouse or partner;
      • serving or former members of the Reserve Forces who need to move because of a serious injury, medical condition or disability sustained as a result of their service.

16. Applicants must be in ‘housing need’ to be eligible for the scheme. There is no statutory definition of ‘housing need’. The council must give priority for housing to people who are in a reasonable preference category. This is defined in s. 166 (3) of the Housing Act 1996. The council will determine that an applicant has a ‘housing need’ if they fall into a reasonable preference category. Applicants who do not fall into a reasonable preference category will be considered to have no housing need. Therefore, they will not qualify for the Housing Register. The banding scheme section (paragraph 92), provides further detail.

17. The council will consider whether applicants who fall into the additional preference category as defined in paragraphs 15.2 and 15.3 fall under the Urgent Housing Need category as defined in Band A1 or A2.

18. Applicants must remain in housing need throughout the time spent waiting on the Housing Register. They must notify the council within one month of any changes in their address or circumstances.

19. The council uses a banding scheme to prioritise applicants on the Housing Register. This will start from Band A (for people with the highest priority) and continue down to Band D (for people with the lowest priority). Applicants are placed in bands according to their circumstances and the degree of their housing need. Properties advertised in Homebid will be allocated to people who have placed bids.

20. For each property, the successful applicant will be the one in the highest band with the earliest effective band date, except where the property has been labelled to give priority to a particular type of applicant.

21. If there are applicants with the same band effective date, then priority will be given to the applicant with the earliest registration date. If the registration dates are the same, the priority will be given to the applicant who bid earliest.

22. Some applicants may not be qualifying persons and may not qualify for Inclusion on the Housing Register. Applicants will not normally be qualifying persons if they:

    • cannot demonstrate that they can meet the council’s local connection criteria;

    • are homeowners. This may include any applicant who has rights to their home under the Matrimonial Causes Act 1973. This includes those who own a home abroad.

23. The council recognises that some exceptional circumstances may exist where access to the Housing Register should be granted to homeowners who do not have the financial resources to secure suitable or adapted accommodation. These exceptional circumstances might include:

    • households who attract reasonable preference and need to sell their home but who have insufficient equity in the property, so that once sold, they will not be able to resolve their own housing situation in the private sector;

    • an older person who needs specialised housing for older people and does not have sufficient resources to secure this in the open market and where suitable care and/or adaptations cannot be provided elsewhere;

    • a disabled person whose home is deemed unsuitable for adaptations;

    • emergency medical reasons that meet the criteria as in Band 1.

24. The applicant will be required to provide appropriate documentation, e.g., proof of shared ownership, property valuation, proof of income, reports from social care team, hospital, GP, occupational therapist regarding the suitability and viability of adaptations in their current property and any risk to health or life in order for an assessment and decision to be made by a housing officer.

25. An applicant will not qualify for the Housing Register if the council considers them to be unable to properly manage a tenancy. This may be because an applicant may need a more supported environment than the council can provide. This may also be if an applicant or their family member are considered unsuitable to be a tenant. The council will make case-by-case decisions, taking into account all of the relevant factors.

26. The council may reach the view that an applicant unsuitable to be a tenant. In making this decision, the council can offer advice and steps to improve the applicant’s chances of becoming a tenant in the future. The factors that the council will consider include:

    • the applicant’s previous management of a tenancy;

    • previous fraudulent housing applications;

    • housing debts owed (by anyone included in the application);

    • a history of non-payment of rent;

    • a history of arrestable offences committed in the vicinity of the applicants current or previous home;

    • involvement in anti-social behaviour.

27. In determining suitability, the council will take account of the applicant’s:

    • level of housing need;

    • type of and/ or seriousness of the behaviour which may make them unsuitable to be a tenant. This includes any changes in circumstances or behaviour since the relevant events occurred. This also includes how likely the issues identified are likely to recur.

    • In the case of applicants who are existing SCC tenants, a pre-vacation visit will be required. Any prospective move to new accommodation may be delayed or cancelled if the current home has not been kept to an acceptable standard.

28. The council will seek to provide the maximum amount of choice possible to applicants. However, there are constraints on the council’s stock, and there is a need to manage the allocation process as efficiently as possible.

29. The council also has a website called ‘Homebid’ which provides a framework for choice-based lettings. This website enables housing applicants to view available properties and make bids on those vacancies for which they are eligible and interested in. Most applicants are able to express their choice of accommodation and place bids for any accommodation advertised on the Homebid site. However, the property must match their assessed household requirement(s). Details of the landlord and tenancy type will be available at the time of advertising and sign-up. The council will publish information about the lettings of properties previously advertised on the Homebid website to help inform applicant choice.

30. There is a small number of applicants who are not able to bid. In the example of Direct Let Adapted Property (DLAP) or applicants who require Housing with Care (these are outlined below).

31. Applicants can choose to bid on up to 3 properties per bidding cycle. The deadline for bids is indicated on the Homebid website. Once a property has been advertised the council will aim to complete the lettings process quickly. The council will notify the selected applicants of the various deadlines involved. It is important that properties are let promptly to ensure that eligible applicants are rehoused as quickly as possible. It also reduces unnecessary charges and loss of income for the council. Applicants who are made an offer of a property must respond to this offer within 3 working days or the offer will be removed.

32. Applicants who are successful with a bid will be suspended from placing further bids whilst they are under offer to a property, during which time other properties they may have placed bids for will be allocated in turn to others.

33. The council reserves the right to place bids on behalf of applicants. For example, for people who require a move quickly or who are unable to use Homebid.

34. The council may also place ‘managed bids’, which cannot be altered or removed by the applicant. This will usually be done where an applicant is in an urgent housing needs category.

35. The law relating to the council and other social housing providers varies. Housing associations have their own lettings policies. So, there may be some additions or variations to the main policy. Where this is the case, the council will do its best to alert applicants to this in the property advert during the bidding stage.

36. A Lettings Plan will be published on the council’s website. This is to make the best use of resources and to meet statutory requirements. The plan identifies the different categories of applicants that the council must assist. It also sets out how it intends to do this. The plan will identify the proportion of vacancies likely to be made available for categories of applicant.

37. The Lettings Plan is updated as and when it is required to reflect changes in local priorities.

38. The council operates an online application system which the majority of applicants are expected to use. Details on how to use the system are available from the council’s website. This includes the documentation required. The website is www.homebid.org.uk.

39. Applicants must provide all information within 30 days. They will be notified by email of the status of their application and deadlines to provide information.

40. Applicants who have difficulty using the online application process can be assisted to apply. They should contact housing.allocations@southampton.gov.uk, call 023 8083 3006 or visit Gateway at the Civic Centre office

41. Any person, who needs support in applying for housing, whether that is assistance with the on-line application form or with bidding on properties each week, can be assisted by the housing team. The council will also be able to provide detailed housing advice for all applicants including those people who may not qualify to join the housing register. For this support, please contact the council at housing.allocations@southampton.gov.uk, call 023 8083 3006.

42. Applicants who have children in full time education and are studying away from home during term-time (e.g. at University outside the city) will be permitted to include their child in the application. This is provided the children lived in the household for 12 months immediately before their course started. The child will be removed from the application if they do not return to the family home immediately at the end of their course.

43. Applications from full-time students who are living in Southampton during their studies and remain in Southampton upon completion/termination of their course, may make an application to the Housing Needs Register when they have met the 3 years out of 5 residency requirements.

44. Applications from full time students who are living in Southampton during their studies, but whose main family home was outside of the city boundary immediately prior to beginning their course will not be permitted to join the Housing Needs Register.

45. Prisoners who have lived in Southampton for at least 3 out of 5 years immediately prior to starting their prison sentence may join the Housing Register. They may only join six months prior to their expected release date. This provision also extends to other applicants. For example, those detained under the Mental Health Act or Hospital Order and who will be subject to specialist assessment which will include an assessment on ability to manage a tenancy.

46. The council recognises that supporting care leavers and fostering contributes to good care of looked after children. A small number of properties will be identified each year to be used to help families start fostering or to increase the number of children who can be looked after.

47. The council will identify in its Lettings Plan the number and type of homes to be made available to foster carers who have been approved by SCC to foster but lack the required number of bedrooms. This number will be identified in the context of the need to achieve the overall objectives of the Allocations Policy and to satisfy statutory requirements.

48. Children’s Services will identify people who would benefit from moving to alternative accommodation through this arrangement. The final decision on the allocation of properties is delegated to the Allocations Manager.

49. Properties let to foster carers will generally be offered as a 2-year fixed term secure tenancy the criteria for renewing the tenancy will include a requirement that the accommodation is still needed in order to provide fostering services.

50. Foster carers who no longer provide fostering services will be considered for re-housing when their fostering arrangements come to an end. Any accommodation offered will be suitable for their current needs at the time.

Care leavers

52. The council aims to offer properties which match the needs of an applicant’s household. Therefore, it is important that the council is kept up to date with details of an applicant’s housing situation. All applicants must log in to their application portal annually to confirm whether their circumstances have changed. If applicants fail to voluntarily renew their application, the council will send a written reminder to do so within 28 days of the renewal date. The council will cancel any application which has not been updated.

53. An applicant must notify the council within one month of their circumstances changing. This could be if they have bought a property, moved home or their family size has changed. They must notify the council via their application portal so that their application can be reassessed. Not doing this will result in the application being removed from the Housing Register.

54. In order to remain on the Housing Register, applicants will need to retain a continuous local connection.

55. If the council makes an offer of accommodation to an applicant and later discovers that the applicant’s circumstances changed or not as previously disclosed, the council may treat this as fraud and commence the necessary investigations.

56. If an applicant secures accommodation via the council's housing register, their application will be marked as housed and will be closed. If an applicant wishes to reapply to the register at a later date, they will need to make a new application which will be assessed on their circumstances at the time.

57. The council requires that anybody included in a re-housing application to:

    1. be eligible to access public funds and services;

    2. have a long-term commitment to the household and will live in that household once re-housed. This requirement applies to all members of the household including parents, siblings, partners and children. All members of the application must have lived in the household for a minimum of 12 months at the point of application.

    3. have a ‘need’ to live together as partners, dependents or where there are caring requirements that cannot be met outside the household. Adult children of applicants may be included where they have lived in the household for at least 12 months at the point of application. The need to live together will in the main be determined by: the receipt of Child Benefit; a Care Act assessment demonstrating the need for sleep-in care.

58. Children included in the application must genuinely live in the household as their only or principal home. Applicants unsure whether to include children on their application must seek advice from the council. Where care of children is shared, the council will normally only allow them to be listed in only one re-housing application. There are only a few limited exceptions to these requirements, such as:

    1. children newly born into the household;

    2. children leaving care or being fostered;

    3. children required to live with the applicant because of family court proceedings arising from child protection cases brought by the local authority. Applicants who wish to include children who live with them arising from private family court proceedings will be subject to the 12 month requirement detailed in paragraph 57c.

59. Applications which include children who have previously been rehoused by the council in the care of someone else will be refused.

60. If the council considers that children have been included on the application to gain greater priority or access a larger or different type of housing the application, the application will be refused and may be treated as fraudulent.

61. The council work with other social landlords in the city. Some of the properties advertised may have particular requirements based on the rules adopted by that particular landlord. Where this is the case, the council will show the qualifying criteria in its advertisement. Each landlord has their own lettings policy. Individuals can ask to see this if they require further detail

62. Some of the council’s and housing associations’ properties have minimum age requirements. For example, some properties require applicants to be 50 or over. Details are provided on the Homebid website.

63. Occasionally, the council, or one of its social housing partners, may decide to implement a “special lettings scheme”. An approved special lettings scheme operates alongside this policy and may restrict or give greater priority to certain categories of applicant who are eligible for housing. This is most frequently done when a newly built or refurbished scheme is being let. However, this can happen at any time if the landlord deems it necessary to make sure that the scheme operates effectively as a good place to live.

64. This principle may also apply to individual properties where there have been significant management problems previously. In this case the landlord may choose to make a “sensitive letting” by imposing additional qualifying criteria for applicants to make sure that similar problems do not arise through the re-letting of the property.

65. Special lettings schemes and sensitive lettings will only be made where they do not compromise the council’s ability to achieve its overall policy aims. Where they are deemed necessary the additional eligibility criteria will be listed in the Homebid property advertisement.

66. The council lets and makes nominations to several older persons specialist housing schemes. These are categorised as Housing with Care. These schemes offer independent, secure/assured tenancies. They have the benefit of additional onsite care and associated facilities catering to a range of need.
67. The applicant must meet the eligibility and qualification criteria of this policy. For Housing with Care, applicants must also request a Housing with Care referral from their care co-ordinator or social worker. This is so that the council and its commissioned onsite care providers can ensure that the level of care required in the accommodation available. If the applicant does not have a care co-ordinator or social worker, the Allocations service has specialist officers who can begin this assessment process with them.
68. Due to the specialist nature of this accommodation, the council does not advertise Housing with Care vacancies on Homebid alongside other properties. A separate direct let list will be maintained. Applicants will be matched to suitable vacancies in line with their preference of scheme/area. Where more than one applicant is assessed as being potentially suitable for a vacancy, the qualification date will determine who is made a provisional offer.

69. An Adapted Property Direct Let (APDL) is the status given to applicants who require a significantly adapted property to meet their disability and housing needs. This is usually due to the applicant, or a member of their household, being wheelchair dependent within the home.

70. Before being accepted on to the APDL waiting list, an Occupational Therapist (OT) assessment is required. This assessment will detail what adaptations are required, as well as why there is a need to move.

71. The council matches adapted properties to the housing needs of applicants. Most applicants are able to exercise choice with regards to location, and this choice will be considered when matching available properties. However, some areas of the city have no social housing, or a very limited supply. The more restrictive an applicant is, the more difficult it will be to assist.

72. APDLs are managed outside of the council’s usual Homebid system. APDL applicants do not need to bid via Homebid and will not be placed into a band. Directly matching applicants to available, suitable adapted properties helps to make the best use of them, as these properties are very scarce.

73. Applicants wait in date order, using the date the APDL was agreed (not necessarily the application date). Applicants will be informed of the date their APDL status began and their position on the direct let list when they apply.

74. An applicant who requires an APDL may also be in the Urgent Housing Needs category, or one of the following circumstances may apply:

    • Permanently unable to leave or access the property due to the unsuitable nature of their current home, and as a result are either housebound or unable to return home from hospital / residential care.

    • Unable to receive personal care in a private space, away from other members of the household.

    • Unable to access essential facilities within the property and temporary solutions are not possible. Where there is an imminent, unavoidable risk of significant harm within the current home and a move will resolve this. Where someone has been accepted as homeless by the council and will be losing their current home and a temporary move will leave the applicant with an urgent need.

75. There may be more than one applicant with an urgent need waiting for the same size of property. The urgent cases will be considered in the date order of urgent status being agreed. Then in order of the application date.

76. Whilst the applicant’s area of choice will be considered, applicants with an urgent need will be expected to be flexible. This will be discussed with the applicant at the point of an urgent APDL being agreed. If an urgent APDL applicant refuses an offer of a property, they will no longer be considered as urgent and will continue to wait in turn.

77. The council makes decisions about housing applications by considering four questions.

    • Is the applicant eligible to be rehoused? If so;
    • Does the applicant qualify under this policy? If so;
    • What type of property does the applicant require (see below)? and;
    • Which band must they be placed in according to the banding system?
78. Allocations Officers will make all Allocations decisions unless detailed below:

79. The council may seek the advice of outside professionals to assist in reaching a decision on an application. This is often due to a complex medical issue identified in the application. The final decision will still be made by an Allocation officer or other officer identified in the table above, taking into account the advice receive

80. Occasionally, exceptional cases will arise which cannot be dealt with within the normal policy criteria. Under the Council Constitution 23 Part 10 - Officer Scheme of Delegation, the Director of Housing has the delegated authority to make an exception to policy, give additional priority or to take other action necessary. This delegated authority will only be used in very exceptional circumstances to ensure the council is equitable in its treatment of applications for re-housing. The council will take into account all relevant considerations when making this decision including:

    • the applicant’s degree of housing need;

    • significant events in the applicant’s tenancy history and;The current position in respect of the applicant’s tenancy history and;

    • The current position in respect of the applicant’s ability to manage a tenancy.

81. The council must make the best use of the resources available in order to house the maximum number of people from the Housing Register. This means that the council has rules about the type of property that applicants can apply for. In deciding on the type of property, and degree of priority required, the council has to consider the type of housing available and the high demand for that housing. For example, there are more flats than houses and larger homes are scarce.

82. The council classifies properties according to a number of different factors. These are:

    • the number of bedrooms;

    • the type of access inside and outside the property (e.g. steps, stairs, lift, level access);

    • adaptations which have been carried out in order to meet particular needs;

    • whether pets can be permitted;

    • age requirements (if any) of the block or scheme; and

    • the provision of support services.

83. For applicants accepted onto the Housing Register:

    • The council will assess their needs to decide what sort of property they can bid for on the Homebid website.

    • If an applicant bids for a property outside this assessed need, the offer will not be made to that applicant.

    • If a property is advertised with a priority for certain applicants, the council will make offers to those applicants in turn first. This is normally done where a property would meet the needs of a disabled applicant (e.g. a ground floor property).

    • The council may restrict bidding for properties to applicants within the specified bands. This may be done where there is a need to increase lets to certain categories of applicant, e.g. applicants who are homeless. The council will produce a lettings plan to inform decisions on how properties are advertised.

84. The council reserves the right to not make an offer of a property to an applicant if, due to its features or adaptations it could be better used by another household or if it would meet the needs of those in emergency housing situations.

85. The council does not make any distinction between houses and flats when deciding what type and size of property applicants are eligible for. However, houses can satisfy a greater range of needs than flats so the council has to make best use of them. Therefore, houses will usually be allocated and given priority to particular types of applicants. This includes families with children or those giving up a larger socially rented home. Houses which have two reception rooms (i.e. ‘parlour houses’) will usually be classified as having an additional bedroom. Therefore, they will be advertised with a priority to applicants who require the larger number of bedroom

86. The council considers the following people will usually need a bedroom of their own:

    • couples;

    • a single person aged 16 or over;

    • someone who needs to live in the household and has an assessed medical need for their own bedroom.

87. Two children of different sexes aged under 10 will be expected to share a bedroom.

88. Here are a few examples of how the rules apply:

89. The council considers the following people will usually need a bedroom of their own:

    • couples;

    • a single person aged 16 or over;

    • someone who needs to live in the household and has an assessed medical need for their own bedroom.

90. Two children of different sexes aged under 10 will be expected to share a bedroom.

91. Here are a few examples of how the rules apply:

92. The banding scheme operates by grouping applicants into several bands, which reflect the differing levels of housing needs and local priorities in an allocation scheme.

93. Applicants in Band A1 or A2 (applicants with urgent housing needs) will remain in the band for 3 months only. If a suitable property does not become available to bid on, the council will suspend the application from bidding and make one direct offer of accommodation. If an applicant in Band A1 or A2 refuses any offer of accommodation and the council is satisfied the offer was reasonable, the applicant will be placed into the band they previously occupied. If the applicant did not previously have a band, they will be removed from the Housing Needs Register.

94. There may be occasions where applicants who are at significant risk of harm and have no alternative housing options may be given a direct offer of accommodation. Whilst we will give due consideration to the applicant’s area of preference it may not always be possible to make a direct offer in their area of preference. Priority will be given to ensure risk of harm is removed in the quickest possible timeframe. If an applicant refuses an offer and the council is satisfied the offer was reasonable, the applicant will be placed into the band they previously occupied. If the applicant did not previously have a band, they will be removed from the Housing Needs Register.

95. Southampton City Council in its role as a landlord may decide to move a tenant in line with its housing management practice and procedures. These applicants will be made one suitable offer of accommodation. This will be in consultation with the relevant local housing office. Offers made under this basis will usually be to a ‘like-for-like’ property. This is unless the offer would result in a statutory overcrowding situation.

96. If the tenant’s landlord is a housing association, their landlord will determine if the tenant needs to move on this basis. They will request the Allocations service to consider making one direct offer of suitable ‘like for like’ accommodation. This is agreed on a discretionary basis taking into account the relevant factors of the case and prevailing local housing situation. Requests will not be agreed unless the landlord agrees to reciprocate (i.e. allow the council to advertise the resulting vacancy)

97. The council will investigate the circumstances and causes of the overcrowding and what immediate remedies, if any, are available. It will decide whether to place these applicants into the urgent housing needs band on a case-by-case basis. It is likely that those who apply and are accepted on this basis will be offered interim accommodation under Part VII of the Housing Act 1996.

98. The council has an obligation to manage its resources efficiently and provide value for money to its customers. Refusals of accommodation place a burden on council staff time. Refusals of council-owned accommodation causes rent loss for councils. This is to the detriment of our tenants and prospective tenants. If an applicant in any band refuses 3 offers of accommodation during the life of their application, they will be placed into Band D for 6 months. If this applicant then refuses another offer of accommodation, they will be treated as if they no longer require a move, and their application will be cancelled.

80. Applicants have a right to request a review of any decision. Applicants also have a right to request a review of the facts of the case which were taken into account in making the decision. The details on how to request a review are provided in the letter notifying them of the decision. The review will be carried out by an officer who has not been involved in the case and is more senior than the original decision maker.

100. The Allocation of housing (Qualification Criteria for Right to Move) (England) Regulations 2015 requires the council to set aside a proportion of their lettings for social tenants from other parts of the England who need to move to the area to take up work.

101. To qualify to be considered for the “right to move” applicants must:

     • be an existing social housing tenant in England;

     • have reasonable preference under s.166A(3)- the need to move to the local authority district to avoid hardship;

     • need to move because the tenant works in the district; or

     • need to move to take up an offer of work.

102. To make this decision, the council will take into account factors such as:

     • the distance and/or time taken to travel between work and home;

     • the availability of transport, taking into account earnings;

     • the nature of the work and whether similar opportunities are available closer to home;

     • other personal factors such as medical conditions and childcare;

     • the length of the work contract and whether failure to move would result in the loss of opportunity to improve their employment circumstances or prospects.

103. Voluntary work is excluded from these arrangements. Work, which is only short-term, marginal in nature or ancillary to work in another district is also excluded.

104. The Right to Buy scheme allows most council tenants to buy their council home at a discount.

105. The council will not offer alternative accommodation to applicants who have an active right to buy application, or who are subject to a court order suspending a right to buy application

106. When deciding whether to accept an application, or to make an offer of housing, the council will consider any known risk factors. This will include the risk to other residents and to the applicant. The issues which will be taken into account include those which might render the applicant vulnerable if re-housed and which may affect other residents. For example, a known history of violent or anti- social behaviour. If the council considers the risk to be too great then it may decide not to accept the applicant onto the Housing Register, or not to make an offer of accommodation. The council may also restrict the offer to certain types of accommodation or to certain areas of the city.

107. In considering these factors the council recognises the role that settled accommodation can play in enabling offenders to become rehabilitated. However, the council also exercises a duty as landlord to thousands of tenants across the city. Therefore, it is necessary to balance the needs of individual applicants against the needs of the wider tenant population.

108. In reaching a decision on these matters the council will consider all the relevant factors. This includes seeking the view of Health, Police, National Probation Service, and other relevant statutory agencies. Examples of issues which will be considered include:

     • the applicant’s degree of housing need;

     • the nature of the applicant’s behaviour/convictions/bail or licence conditions;

     • any mitigating circumstances that applied at the time or to current circumstances;

     • the result of any trial period in accommodation; and

     • whether there are any areas of the city or property types which would be unsuitable

109. The council takes its responsibility to make proper use of public resources very seriously. Applications for the Housing Register are investigated to ensure assessments and decisions are accurate. The council will require proof of information in the application, such as benefits and council tax records, tenancy agreements, bank statements and any other information the council may require in order to validate applications. The council is required to participate with other Local Authorities as part of the National Fraud Initiative. The council will also verify information by office interviews, home visits, statements from previous social landlords, and verification of documents.

110. Where the council suspects fraud, the application may be referred to the council’s Tenancy Fraud team for enhanced checks.

111. Where the council considers an application for the Housing Register to be fraudulent, it may take action in line with any of its enforcement policies, whilst adhering to the legislation set out in the Prevention of Social Housing Fraud Act 2013. The council will consider each matter on a case-by-case basis.

112. If an applicant moves out of, or alters, suitable accommodation so that is unsuitable for their needs, the council will investigate to find out why this has been done. If it is satisfied that this was done in order to improve the applicant’s position on the Housing Register, the council will continue to treat the application as if the move or alteration had not taken place.

113. The council will also carry out investigations where it believes that incorrect information has been provided in order to improve an applicant’s rehousing prospects. Where this is the case the council may amend or cancel an application.

114. Information will be held and destroyed in accordance with Data Protection legislation and the council’s retention schedule. Data will only be used for the purpose of assessing housing applications, or for exercising other duties compatible with the council’s status as a strategic authority.

80. This policy will be reviewed regularly by the Allocations Team to make sure it aligns with the latest legislation and changing local priorities.

81. A new system is required to implement the new banding scheme and policy. The policy will be implemented when the new system is in place