Common Allocation Policy for Tees Valley Lettings Partnership

Legal background

Reasonable preference

To ensure applicants 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:

• 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
• people who need to move to avoid hardship

Additional preference

HM Armed Forces Personnel

Armed Forces who have urgent housing needs. Additional preference means they may receive the highest priority band award, for example Band 1⁺.

We have taken into account Government guidance from The Housing Act 1996 (Additional Preference for Armed Forces) (England) Regulations 2012 Statutory Instrument No. 2989 that came into force 30 November 2012 and the updated guidance: Improving access to social housing for members of the Armed Forces - GOV.UK. This allows us to give an additional preference to people who have served in the Armed Forces. 

This additional preference will be awarded to members of the HM Armed Forces community (serving or has formerly served in the regular reserve forces; a bereaved spouse or civil partner) who are identified as having an urgent need for housing within 5 years of discharge.

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.

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 'evidenced' level of housing need.

Band 1⁺

Decants: People living within the partnership local authority areas who are losing their home due to demolition or regeneration

This includes tenants of council, registered providers or private landlords 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. Affected residents will be contacted directly by their landlord.

Applicants will be awarded Band 1⁺ priority for the local authority area where they live.

People leaving HM Armed Forces community

Applicants leaving the HM Armed Forces (as defined above) with an urgent need for housing would be provided with the highest priority banding (Band 1⁺). These applicants will be assessed by the Local Authority Homelessness Teams before this priority will be awarded.

Evidence of discharge papers dated within the last 5 years and risk of homelessness will be required.

Band 1 - Urgent housing need

Applicants owed a main duty and is in temporary accommodation

Applicants assessed by a Partner Local Authority in accordance with the Homelessness Reduction Act 2017 and the Housing Act 1996, you are owed a main duty or a relief duty and are owed an emergency accommodation duty due to being in a priority need category.

People at risk of domestic abuse

Victims of domestic abuse who have lost, or are at risk of losing their accommodation due to violence or the threat of violence.

When looking at safety, moves within the same or neighbouring postcode would not be considered as this may not sufficiently reduce the risk of domestic abuse.

People in this category may receive a direct offer of housing.

Care leavers who are ready for independent living

As defined by the Children (Leaving Care) Act 2000 where a child is confirmed by the relevant Local Authority as ready for independent living, has an ongoing support plan in place and in need of urgent rehousing. Referrals will only be accepted from the allocated Social Worker or Care Leavers Team.

Emergency medical

This banding will only be awarded to applicants with an emergency housing need due to medical problems which are exacerbated by their current housing situation, for example people discharged from hospital or care home where their housing is deemed unsuitable and cannot be made suitable through adaptations.

Each case will be assessed individually, and applicants will be referred to the relevant Local Authority Team for assessment by a Social Worker or secondary Mental Health Service before and band award is made under this category. The assessment does not review the applicant's health but how their accommodation affects their health or welfare, for example, the impact of the property will be assessed and not the prognosis of the illness.

Child protection

Households where the current accommodation has been identified within a formal Child Protection Plan as a significant contributory factor or serious risk to the wellbeing of a child or children within the household and all other avenues to rectify have been exhausted.

Referrals will only be accepted from the allocated Social Worker.

Band 2 - High housing need

People who need to move on urgent medical grounds

Applicants who have been assessed by one of the partners 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.

The applicant would need to complete a medical referral form, which will be provided upon request, and provide supporting documentation or assessment from relevant healthcare professionals before any band award would be considered (a letter from a GP is not considered sufficient). The information you provide may be reviewed by an Occupational Therapist before any band award is made under this category.

Applicants who live outside the partnership local authority areas and have a local connection will be required to provide an Occupational Therapy assessment from their own Local Authority before being considered for a Medical Banding. This must include the name and contact details of the Occupational Therapist. 

People assessed as ready for independent living

People who need to move as part of an agreed plan to re-integrate into the community, for example people leaving supported and temporary housing projects.

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

Applicants will need to provide confirmation that they are ready for independent living from the accommodation provider before this banding can be awarded.

This priority will not be awarded for applicants living with family or friends.

A household with a Child in Need

As defined in the Children's Act 1989, where a formal referral has been made by Social Services with the aim of safeguarding the welfare of the child or children and accommodation has been highlighted as a key factor and all other options have been exhausted.

Care Leaver - seeking accommodation

A child leaving care of the local authority under the Children (Leaving Care) Act 2000. This priority only applies to a Care Leavers first social housing tenancy, who do not qualify for Band 1 status.

Adoptive, foster carer or special guardianship

Applicants 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, fostered or are planning to adopt or foster or, have guardianship where a family court order places a child or young person in long-term care with someone other than their parent(s) (Adoption and Children Act 2002).

Evidence to confirm their adoptive, foster or guardianship status and ongoing support will be required from the local authority's Adoption and Fostering Service.

People living in unacceptable housing conditions

People who are living in private rented accommodation or in owner occupation but are unable to maintain their home to a safe standard will be referred to the relevant partnership local authority team to carry out a property inspection. This banding will be awarded where the assessment has concluded that the property contains unacceptable hazards (defined as Category 1 hazards) and it has a duty to take action.

Tenants who are in social rented homes must first pursue issues relating to property conditions with their landlords to have the issues rectified. These tenants will only be considered under this category if they have exhausted the official complaints procedure with their landlord and there is no other action that can be taken to rectify the adverse property conditions.

Applicants who are awarded a banding in this category must engage with the Local Authority Team and allow access for agreed repairs to be completed by their landlord (or the appointed contractors) or risk the removal of this banding.

Tenants of North Star and Beyond Housing that are under-occupying their accommodation by 2 or more bedrooms

Calculation for under-occupancy will be based on the number of people within the household and the criteria set out by the Allocation of accommodation: guidance for local authorities. This band will only be awarded to current tenants of Beyond Housing or North Star.

Applicants will only be considered for properties that fit their household's identified need.

Applicants owed a prevention or relief duty but do not qualify for Band 1 category

Applicants assessed by a partner local authority in accordance with the Homelessness Reduction Act 2017 and the Housing Act 1996, and you are owed a prevention duty or relief duty but do not meet the criteria for Band 1.

An example of this would be someone who has been determined as owed a homeless relief duty, but do not have a priority need, in accordance with the above legislation.

Acute over-crowding by 2 bedrooms or more

Overcrowding will be assessed on the number of people within the household and according to the best use of bedrooms and sleeping spaces available as per the Allocation of accommodation: guidance for local authorities.

Applicants will be required to provide evidence of overcrowding before any band award will be made under this category.

Band 3 - Medium housing need

People who need to move due to a high medical need

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

The applicant would need to complete a medical referral form, which will be provided upon request, and provide supporting documentation or assessment from relevant healthcare professionals before any band award would be considered (a letter from a GP is not considered sufficient). The information you provide may be reviewed by an Occupational Therapist before any band award is made under this category.

The relevant partnership local authority may refer the applicant for assessment by an Occupational Therapist before any band award is made under this category.

Applicants who live outside the partnership local authority areas and have a local connection will be required to provide an Occupational Therapy assessment from their own local authority before being considered for a medical banding. This must include the name and contact details of the Occupational Therapist. 

People living in overcrowded conditions by 1 bed bedroom

Overcrowding is assessed on the number of people within the household and according to the best use of bedrooms and sleeping spaces available as per the Allocation of accommodation: guidance for local authorities.

Tenants of North Star and Beyond Housing that are under-occupying their accommodation by 1 bedroom

Calculation for under-occupancy will be based on the number of people within the household and the criteria set out by the Allocation of accommodation: guidance for local authorities.

Applicants will only be considered for properties that fit their household's identified need. This banding will only be awarded to current tenants of Beyond Housing or North Star.

People who need to move on hardship grounds

A hardship award will be considered for applicants:

• suffering financial hardship, for example if their income is insufficient to cover the costs of their current home. A financial assessment will be carried out considering rent, utility costs, service charges and council tax
• who need to move for employment or education where failure to relocate is causing or would cause hardship
• who need to be nearer to family or friends to give or receive support and it would be unreasonable for them to commute from their existing home

The relevant partnership local authority will complete a Hardship Assessment before any band award is made under this category. Any band awarded may only be given for a move to a specified area.

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 (HMO)
• bed and breakfast
• hostel
• applicants who continue to live together following a relationship breakdown

Note: Gypsy and Traveller communities will be considered under this category if they are sharing communal facilities, for example, showers or WC whilst residing on an authorised site.

Applicants living with family or friends will not be awarded this priority under this category.

Intentionally homeless or no priority need

Applicants assessed by a partner local authority in accordance with the Homeless Reduction Act 2017 and the Housing Act 1996, you have been found to be intentionally homeless or not in priority need at the end of your 56-day relief period.

In such cases, applicants will remain in Band 3 for a maximum of 6 months in acknowledgement of their ongoing housing need if they remain homeless.

People leaving the HM Forces community with no urgent housing need

Applicants leaving the HM Armed Forces community, as defined in the National Armed Forces Covenant within the last 5 years with no urgent need will be allocated Band 3 priority on their first social housing tenancy only.

Applicants will be required to provide discharge documentation.

Band 4 - Low housing need

This band will be awarded to the following applicants:

• applicants whose current home is adequate to meet their basic housing needs in terms of lifestyle, size, design and location
• applicants who have refused a reasonable offer of accommodation or worsened their own circumstances

Applicants may also be placed in this Band to enable the applicant to continue to 'bid' for properties until further assessment is completed.

Reviewing applicants in priority bands

Applicants who are awarded Band 1, 2 or 3 will be required to actively seek rehousing and housing applications will be monitored to ensure applicants are placing bids on all suitable properties that are advertised on Tees Valley Home finder.

Applicants will be given up to 6 months to place bids on the Tees Valley Home Finder system on properties that meet the assessed needs of their household. Applicants who do not place bids may be placed on automated bidding after this time period. 

If the applicant is offered a property that meets their assessed need, regardless if this is an autobid, and subsequently refuses a reasonable offer, they will have their priority banding removed and be placed into Band 4 for a minimum period of 6 months after which you will need to apply for a reassessment of your circumstances - unless there is evidence of a significant change in that period.

Customers can request a right to review the decision.

Applicants must ensure that they are considering as wide an area as possible.

Senior management discretion

Stockton and Middlesbrough local authority areas only: whilst it is expected that the majority of allocations will be made following the allocations scheme rules according to priority banding, there may be exceptional circumstances where the only way an exceptionally urgent housing need can be resolved is by using senior management discretion. It is important, in fairness to all applicants, that these discretionary powers are used in genuinely exceptional cases.

Within the boroughs of Middlesbrough and Stockton these cases will be reviewed on an individual basis by a senior officer in the Local Authority Housing Service Team and a priority banding may result.

Note: Within the borough of Redcar and Cleveland there is a quota system in operation which ensures that a proportion of lettings are made available to applicants within each band. The category of Management Discretion is therefore not applicable within Redcar and Cleveland.