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RESOLVED:
 
That Cabinet agreed
to alter the Council’s Allocations Policy in line with the
recommendations contained within the report, and as set out in
Appendix 1, with effect from 1 May 2024.
 
REASONS FOR DECISION:
 
Hackney Council is statutorily required to
have in place a published allocation scheme as set out in Part VI
of the Housing Act 1996 as amended by the Homelessness Act 2002 and
the Localism Act 2011.
 
The context in which the allocations policy
operates is increasingly complex and the allocations of properties
are inevitably about distributing scarce resources against huge
demand.  The proposed changes set out in
this report seek to address the potential for misunderstanding and
misinterpretation of the Council's allocation policy, and to
restore the clear policy intent.
 
In accordance with legal advice the policy is
amended at paragraphs 2.1, 2.5.4, 2.7.4, 2.7.8 & 3.2.3 to
reflect compliance with the Housing Act 1996.
 
The Children and Social Work Act 2017 defined
for the first time in law the responsibility of corporate parents
to ensure, as far as possible, secure, nurturing and positive
experiences for looked-after children and young people, and care
leavers.  This means the Council has a
responsibility to:
 
· 
act in the best interests, and promote the physical and mental
health and wellbeing, of those children and young people
· 
encourage them to express their views, wishes and feelings, and
take them into account, while promoting high aspirations and trying
to secure the best outcomes for them
· 
make sure they have access to services
· 
make sure that they are safe, with stable home lives, relationships
and education or work
· 
prepare them for adulthood and independent living.
 
The Living in Hackney & Children and Young
People Scrutiny Commission 2022 review of the housing needs of care
leavers in Hackney made a detailed report setting out its
recommendations.
 
The Allocations Policy is changed at
paragraphs 2.1 and 2.7.6 to reflect the Scrutiny Commission’s
recommendations regarding care leavers. 
 
DETAILS OF ALTERNATIVE OPTIONS CONSIDERED AND
REJECTED:
 
Care Leavers:
 
· 
Do not amend policy: This would undermine the Council’s
corporate parenting role to Care Leavers and limit the options
available.  This has the effect of
shifting the focus for housing outcomes for this cohort from the
Care Leavers Team to the Benefits and Housing Needs Service.
However, this support will almost certainly be to relieve
homelessness rather than prevent it, as without earlier engagement
with care leavers, the service will not have had the opportunity to
work with them on the options available prior to the critical need
for a resolution arising. As the housing crisis continues and
potentially deepens, the Benefits and Housing Needs service are
already finding immediate sustainable solutions extremely difficult
to source, and the potential for a placement in temporary
accommodation increases.
· 
Increase the quota - The paucity of social housing lets becoming
available, means that increasing the number of quota properties
would not necessarily result in an increase in care leavers
achieving a social tenancy.  Fulfilling
the quota relies on the properties becoming available as we do not
have a stock of suitable properties awaiting occupation. There is
also the potential to reduce or remove the quota places for the
other groups of residents leaving supported pathways and add them
to the careleavers quota. Instead, the
Care Leaving Service must react to opportunities as they arise,
which places them in an invidious position where it must choose
which care leavers are nominated without a clear assessment process
with potential inconsistencies of allocation.
 
Homeless applicants - The allocations policy
as currently worded does not fully meet the legislative intent as
defined within the Housing Act 1996. Consequently, the Council is
open to challenge from advocates. Failing to address this presents
a reputational risk to the Council.