Local Government Ombudsman, Jerry White, published a report in which he finds that North Devon District Council publicised the availability of £764,000 Government funds to improve homes in a 'big bang' approach, but was then surprised by the scale of interest. He concludes that "The Council's systems for dealing with the interest generated were simply not good enough."
The Council has agreed with the Ombudsman's recommendations to remedy the injustice caused to the complainants, but the Ombudsman decided to complete his investigation and publish a report because he considers there are issues of public interest.
Mr A, Mr B, Mrs C, Mrs D and Mrs E all enquired about grant funding to improve their homes. They complained that the Council created expectations that its officers had no hope of meeting and that it failed to explain the process properly.
At the beginning of 2006, the Council was allocated £764,000 of Government funding to improve housing standards.
In June 2006, an officer was appointed to develop a strategy to bring private sector housing up to the Decent Homes Standard, taking into account the new funding regime. Decent Homes Assistance would be targeted towards the private rental sector, and in particular 'vulnerable' occupiers, vulnerability being established by the receipt of benefits.
The availability of grant funding was widely advertised through press releases, public meetings and inserts with benefit cheques. In October 2006, the complainants received information about the availability of 'Decent Homes Grants' from the Council. The information also advised that applications would be treated on a 'first come first served basis'.
The two officers available to carry out home inspections were overwhelmed with demand, and it soon became clear that the Council had also underestimated the level of need in the owner-occupier sector.
Numerous problems resulted:
By January 2007, officers were aware that the available funding had run out but this was not communicated to potential applicants until a letter dated March 2007 - but not received by some until April or May 2007.
The Ombudsman's report finds maladministration causing injustice and the Council has agreed to:
Local Government Ombudsman Reports 07/B/02080, 07/B/02381, 07/B/02738, 07/B/06901 and 07/B/10339
Source: Office of Public Sector Information
The Housing Renewal Grants (Amendment) (No. 2) (England) Regulations 2008 SI 3104
These Regulations further amend (in relation to England) the Housing Renewal Grants Regulations 1996 S.I. 1996/2890, which set out the means test for determining the amount of grant which may be paid by local housing authorities under Chapter 1 of Part 1 of the Housing Grants, Construction and Regeneration Act 1996.
Schedule 3 to the 1996 Regulations lists sums to be disregarded in the determination of income other than earnings, and Schedule 4 lists the capital to be disregarded in the determination of capital.
Schedules 3 and 4 to the 1996 Regulations are amended by regulations 2 and 3(1)(a) and 3(2)(b) of these Regulations, so that any payments of working tax credit or child tax credit are to be disregarded in the determination of income other than earnings or capital. Regulation 3(2)(a) corrects a drafting error made in regulation 4(8)(a) of the Housing Renewal Grants (Amendment) (England) Regulations 2008 S.I. 2008/1190.
Regulations 2 and 3(1)(b) amend Schedule 3 to the 1996 Regulations by inserting a new paragraph 50A, the effect of which is that where a member of the armed forces receives specified retired pay or a pension under the Naval, Military and Air Forces etc (Disablement and Death) Service Pensions Order 2006 and constant attendance allowance, the amounts so received are disregarded in the determination of income other than earnings.
Regulation 3(1)(b) also inserts a new paragraph 50B into Schedule 3, the effect of which is that any guaranteed income payment under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005 which relates to an injury that falls within any of levels 1 to 6 of the tariff set out in any of Tables 1 to 9 in Schedule 4 to that Order, is to be disregarded in the determination of income other than earnings.
Regulations 2 and 3(2)(c) amend Schedule 4 to the 1996 Regulations so that any lump sum, additional multiple injury lump sum or additional lump sum paid under the Armed Forces and Reserve Forces (Compensation Scheme) Order 2005, which is attributable to an injury that falls within any of levels 1 to 6 of the tariff set out in any of Tables 1 to 9 in Schedule 4 to that Order, is to be disregarded in the determination of capital.