ALLOCATION CODE OF GUIDANCE
Consultation Paper –DCLG (Department of Communities & Local Government)
Closing 30/03/2012
Message to HLPA members from David Watkinson (for Law Reform Sub-Group)
Final Reminder
Please Note the closing date for responses to the above
Responses to go to housingreform@communities.gsi.gov.uk
If you would like to contribute to HLPA’s response please send to David Watkinson by AM Wednesday 28/3/2012 to davidw@gclaw.co.uk
This will be the only Allocation Code once finalised as it will replace all previous Guidance
The scope of the Draft Code is wide so there is no substitute for reading it as a whole.
The consultation document can be dowmloaded here.
Some Topics:-
(1) The Draft Code assumes that ss 145-147 Localism Act 2011 amending Part 6 Housing Act 1996 is in force. Those greatly increase LHAs discretion as to allocation
(2) Existing secure/introductory tenants and assured tenants of RPRs or RSLs are taken out of Part 6 except those to be given ”reasonable preference “- under what is s 167 and will become s 166A. Apart from those the draft Code (para 1.9) gives very little guidance as to allocation (apart from assisting mobility and encouraging under occupiers to move (1.10))
(3) Local Housing Authorities (and the Secretary of State) will have power to decide the classes of persons who are or are not “qualifying persons” to whom LHAs may allocate (in addition the ineligibility of “persons from abroad” remains). There is little guidance as to the contents of those classes but may well include those “guilty of serious unacceptable behaviour” (para 2.5) and financial resources and local connection (para 4.20)
(4) Except that former members of the Armed Forces are not to be disqualified on residential grounds for 5 years after discharge ( para 3.23)
(5) For determining priority on grounds of overcrowding the SoS recommends the bedroom standard instead of the Housing Act 1985 definition (para 4.11)
There are 15 questions in total, 8 of which are directed to LHAs (but you can give a view on them as well)