Section: Allocations & Transfers

National Mobility Scheme Study Announced

Consultants Campbell Tickell have been appointed by the Housing Corporation in conjunction with eight housing associations, the London boroughs and ten participating city councils to conduct a feasibility study into a national mobility scheme.

The study, an initiative of Communities and Local Government, is part of the commitment to tackle mobility and overcrowding. The eight housing associations, the Housing Corporation and the Joseph Rowntree Foundation have all pledged financial support for the project.

The purpose of the study is to research the need for a national mobility scheme, create a range of options for how such a scheme may work and assess the likely demand from social tenants and buy-in of social landlords.

The study will seek the views of both tenants and landlords, review current strategies and look at how to build on best practice going forward. A final report is due by the end of July 2008.

Case Law Update

The Court of Appeal dismissed Newham's appeal against a declaration that its choice-based housing allocation scheme is unlawful.
The Council had a banded scheme, supplemented by a direct letting arrangement.
The Court held that neither element, nor the two combined, enabled applicants to have their cumulative housing needs recognised in accordance with the statutory obligation that - "they be given a reasonable preference if satisfying one or more of the categories in section 167(2) Housing Act 1996". The judgment gives guidance which may enable councils to draw up schemes, which lawfully accord "choice" while recognising "need".
R(Omar Ahmad) v Newham LBC [2008] EWCA Civ 140, 29 February 2008.
The claimant was a single parent who had considerable social needs. She applied for a transfer to ground floor accommodation.
Southwark operated a choice-based letting scheme with four bands, including in Band 1 "Social Services Nominations (Families)".
Although the claimant had letters from Social Services officers recommending her inclusion in Band 1, a formal nomination was refused. The High Court held that Southwark's scheme unlawfully failed to spell out clearly how the Social Services Nominations procedure worked. In future, if a decision is lawfully notified to refuse a nomination - reasons for such refusal did not need to be given automatically, but it should be given on request.
R(Yazar) v Southwark LBC [2008] EWHC 515 (Admin), [2008] All ER (D) 273 (Mar), 19 March 2008.
Prior to moving to a choice-based letting scheme, the Council had a points-based scheme. Under that scheme, the date of registration in a particular medical needs category was important.
On the changing to a choice-based letting scheme, a new medical needs category was introduced. Whilst virtually identical to the previous provisions, the new terms gave all those on the scheme new registration dates that were later than previously recorded.
The High Court held that the Council was acting unlawfully in unfairly failing to recognise earlier registration dates under the identical category of its earlier scheme.
Also, the relevant provisions did not form part of the Council's published scheme and was therefore in breach of Housing Act 1996 s167(8).
R(Faarah) v Southwark LBC [2008] EWHC 529 (Admin), [2008] All ER (D) 290 (Mar), 19 March 2008.

Section: Allocations & Transfers

National Mobility Scheme Study Announced

Case Law Update

Legal Update

Reporting on Feb-Apr 2008

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