Hartlepool Home Search Allocation Policy

Assessing housing need

3.1 Legal background

To ensure that those with the highest level of housing need are given preference, we have considered the categories of people that must be given ‘reasonable preference’ by local authorities, as set out in s166a of the Housing Act 1996 and the Homelessness Act 2002. These are:

Reasonable Preference

People who are statutorily homeless;
People who the Local Authority owe certain homeless duties to;
People who live in insanitary or overcrowded homes;
People who need to move for medical or welfare reasons; and
People who need to move to avoid hardship.

We expect that all applicants who are awarded reasonable preference will search and bid for properties that they are eligible to apply for. Failure to bid for properties could result in their banding being reviewed and changed.

Additional Preference

Local authorities are required to frame their allocation scheme to give additional preference to certain members of the Armed Forces community, where they fall within one or more of the reasonable preference categories and have urgent housing needs. These are:

Former members of the Regular Armed Forces
Serving members of the Regular Armed Forces who are suffering from a serious injury, illness or disability which is wholly or partly attributable to their service.
Serving or former members of the Reserve Armed Forces who are suffering from a serious injury, illness or disability which is wholly or partly attributable to their service.
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.

We will award additional preference as a 6 month backdate to the applicant’s effective date if they fall within this category.

3.2 The priority bands

The scheme has 4 Bands. All eligible applicants will have their circumstances assessed and will be placed in the relevant band, according to their level of housing need unless they have debt at the time of their application, recent unspent criminal convictions, pending convictions or no local connection.

Band 1+

People owed the relief duty and in priority need currently placed in temporary accommodation

Band 1

A People living in Hartlepool who are losing their home due to a Council led demolition or regeneration scheme

This includes council tenants, registered provider tenants, private tenants and owner occupiers living within the boundary of a defined regeneration area who are required to move home, provided they have lived there, as their sole or main home, for at least 12 months. Proof of residency will be requested.

B People assessed as statutorily homeless and in priority need

People who have been accepted as statutorily homeless and in priority need and where the main homeless duty is owed (Part 7 of the Housing Act 1996).

C People who are owed the homelessness prevention or relief duty and in priority need

Applicants with a priority need, who, following assessment, are owed the homelessness prevention or relief duty.

D People at risk of domestic abuse

Victims of domestic abuse who have lost their accommodation or who are at risk of losing their accommodation as a result of violence or a threat of violence will be assessed as prevention or relief duty.

E People leaving HM Armed Forces community

People leaving the HM Armed Forces community who are identified as having an urgent need for housing.This will include a member of the Armed Forces (serving, or has formerly served in the regular forces; serving, or has formerly served in the reserved forces; a bereaved spouse/civil partner; divorced spouse/civil partner).

F People who need to move on emergency medical grounds

Applicants who have been assessed by the Council as unable to remain in their current accommodation or who cannot return home from hospital or a care home and who would otherwise be owed the homelessness prevention duty.

Band 2

A People who need to move on urgent medical grounds

Applicants who have been assessed by the Council as requiring alternative accommodation because their medical condition (physical or mental health) and/or disability is having a significantly detrimental effect on their ability to live in their current home.

B People who are owed the homelessness prevention or relief duty but not in priority need

Applicants without a priority need, who, following assessment, are owed the homelessness prevention or relief duty.

C People assessed as ready for independent living

Those who need to move as part of an agreed plan, following a successful placement, to re-integrate into the community e.g. people leaving any type of supported accommodation in Hartlepool including refuges.

People with learning disabilities who are assessed as having to move in order to receive care and support or where their current housing is having a detrimental effect on their quality of life and ability to live independently.

D A household with a child in need or care leaver

As defined in the Children Act 1989, where a formal safeguarding referral has been made by Social Services with the aim of safeguarding the welfare of the child or children whereby current housing is identified as having a detrimental effect on the child or children. Or a child/children leaving the care of the local authority under the Children (Leaving Care) Act 2000. Care leavers in residential or foster care whose placement ends at age 18 will be placed in this category until 56 days before their 18th birthday. At this point they will be assessed under the prevention duty.

E Adoptive parents or prospective adoptive parents/foster carers

Those who need to move due to their current accommodation being unsuitable or who need to move to a different location to safeguard or promote the well-being of the child or children they have adopted or are planning to adopt or foster children in foster care.

F People living in unacceptable housing conditions

People who are living in accommodation where, following a property inspection by the local authority, an assessment has concluded that the property contains unacceptable hazards and it has a duty to take action.

G Applicants who are under-occupying 3 or 4+ bedroom family houses or bungalows (social rented) by 1 or more bedrooms

Calculations for under-occupancy will be based upon the number of people within the household and the criteria set out by the Department of Work and Pensions.

H People who are overcrowded by 2 or more bedrooms

Overcrowding is assessed on the number of people within the household and according to the best use of bedrooms and sleeping spaces available.

I HM Armed Forces Personnel

Members of the HM Armed Forces community (serving, or has formerly served in the regular or reserve forces; a bereaved spouse/civil partner or a divorced spouse/civil partner) who are identified as having an urgent need for housing within 5 years of discharge.

Band 3

A People who need to move due to high medical grounds

Applicants who have been assessed by the Council as having a medical condition (physical or mental health) and/or a disability where a move to alternative accommodation would significantly improve their health.

B People who need to move on hardship grounds

People who need to move to a particular area in order to take up an offer of employment, education or training, or to be nearer to family or friends in order to give or receive support (working with a statutory agency), providing it is unreasonable to expect them to commute from their existing home.

People suffering financial hardship, e.g. if their income is insufficient to cover reasonable living expenses and financial commitments including if they are under-occupying a 2 bedroom social rented property and this is unaffordable.

C People sharing facilities with persons not of the same household

People sharing facilities with other people who are not members of the same household, for example:

People living in houses in multiple occupation;
Bed & Breakfast; and
Hostel.

Note: Gypsies and Travellers will be considered under this category if they are sharing communal facilities e.g. WC or showers whilst residing on an authorised site.

D People who are overcrowded by 1 or more bedroom

Overcrowding is assessed on the number of people within the household and according to the best use of bedrooms and sleeping spaces available.

Band 4

A People whose current home is adequate to meet their housing needs.

B People who have refused a reasonable offer of accommodation or worsened their own circumstances.

C People who are in rent arrears or have any housing related debt at the time that they apply to the housing register.

D People with recent unspent convictions* or history of anti-social behaviour** at the time that they apply to the housing register.

E People who do not meet the local connection criteria to Hartlepool.

* Recent unspent convictions will be considered those that have occurred in the 2 years prior to their housing application.

** Anti-social behaviour that has occurred more than 2 years prior to their housing application will be disregarded.

3.3 Assessing under-occupation, overcrowding, property entitlement and additional bedrooms

Under-occupation and overcrowding will be assessed based upon the number of people within the household and according to best use of the bedrooms to reflect the criteria set out by the Department of Work and Pensions.

One bedroom will be considered suitable for:-

An Adult /Adult Couple;
Two children of the same sex under the age of 16;
Two children under the age of 10 regardless of their sex;
Any other person aged 16 or over*; or
Any other child that cannot be matched with the above.

Please note: This assessment does not include living room space unless there is a second living room which can be used as a bedroom and it does not breach health and safety standards. Where a bedroom is being used for another purpose e.g. study or toy room, its original function as a bedroom will be used in assessing the level of under occupation or overcrowding.

We will assess overcrowding and bedroom entitlement in accordance with the gender that a child is registered at birth with, unless medical evidence is provided to the contrary.

There may be some circumstances where a household is allowed an extra bedroom as detailed below:

Health reasons;
Bedroom for an overnight carer;
Joint custody or overnight access to a child/children; or
Prospective adopters and foster carers.

Where one of the above applies, evidence will be requested and an affordability check may need to be completed to make sure the applicant can afford the additional bedroom.

To qualify for an additional bedroom for a carer, the applicant must demonstrate that this care is provided by someone who would not otherwise live with the applicant, and if they are a relative or friend, they must be in receipt of Carers Allowance or Attendance allowance.

In addition, the Council’s Adult Social Care service should be able to provide evidence that the applicant needs a live-in carer, and where such support is not currently provided, that the applicant would qualify for funding for a live-in carer.

Where the Council is satisfied that there is a need for a live-in carer who is not already co-habiting with another member of the household, the household will qualify for an additional bedroom.

Where a parent does not provide the principal home but have evidenced access arrangements that include overnight stays, they will be eligible for a 2 bedroom property only. In exceptional cases involving many children consideration may be given for a 3 bedroom need. This will be considered on a case by case basis.

Where an applicant has overnight access arrangements, evidence of the arrangement will be required in the form of a Solicitor’s letter, Court documents or a Social Worker’s letter detailing the arrangement.

Where there is an amicable agreement between parents, a letter from each party concerned will be sufficient if no other form of confirmation is available. However, these applications will be dealt with on a case by case basis. If the applicant presents as homeless they will be assessed on their circumstances only.

Access to children will only be considered where the person is a parent whether natural or by adoption or has legal residence order of a child(ren).

For the purposes of the Allocations Policy, a child is defined as being under 18 years and being the natural or adopted child of the applicant or his/her partner, under 18 and subject to a legal residence order or under 18 and in the care of the Local Authority.

We regard an unborn child as though it is already in the household at 24 weeks. Evidence will need to be provided.

*Adult children may, in certain circumstance, not be given additional bedroom entitlement. This is where older siblings wish to continue to share a bedroom. Cases will be assessed on their individual circumstances.

3.4 Making direct offers without advertising

As well as applicants bidding for advertised properties, there will also be circumstances in which some applicants will receive direct offers.

A direct offer may be made in exceptional circumstances, for example:

Applicants assessed by the Council as being owed a homelessness duty;
People who need emergency accommodation due to fire, flood or major repairs;
Ex-offenders subject to Multi Agency Public Protection Arrangements (MAPPA), where a full support package is in place with other relevant statutory and voluntary organisations to enable them to be returned to the community; and
People who are at an imminent risk of violence or a threat of violence e.g. victims of domestic abuse, hate related crime or through a witness protection scheme.
People who need adapted family accommodation.

If an applicant refuses a direct offer of accommodation, they will only be given a 2nd offer in exceptional circumstances and their banding priority may be reviewed.

3.5 Best use of housing stock

Houses and maisonettes of any size are categorised as family accommodation and will only be let to applicants who have their children living with them on a permanent, fulltime basis. Exceptions can be made, for example where children are on university courses and live away during term time or where there is a joint custody arrangement that has been evidenced.

Single people, couples or other households without children will only be allowed to bid for flats unless they are eligible for age restricted bungalows or adapted accommodation.