Housing allocations policy

To apply to go on the Housing Register, applicants are required to complete an on-line application process at www.buckshomechoice.org.uk. Assistance from staff will be made available to applicants needing to make an on-line application.

There are two stages to an application:

Stage 1 – This is a pre-assessment process which takes details from the applicant and determines what housing options are available to them. This would include the option of making a Bucks Home Choice application if the information provided indicates that the applicant is eligible and will qualify for scheme.

Stage 2 – If the Stage 1 pre-assessment indicates that the applicant is eligible and qualifies for Bucks Home Choice, the applicant will then have the option of making a formal application to the Bucks Home Choice scheme. An applicant may still apply and be assessed if they wish, if the pre-assessment indicates they may not qualify.

After assessment, if the applicant is accepted onto the register they will receive written confirmation of the following information:

• Their unique reference number, which allows them to express interest via Bucks Home Choice.
• The Priority Band in which the application has been placed.
• The date that the application was registered.
• The size of the property for which the applicant is able to bid for.

Applicants must also provide the information and evidence that is required to enable the Council to check and assess their eligibility and housing need. If an applicant fails to provide the requested information within 28 calendar days of the date of their application, the application will be cancelled.

The Council will make any enquiries necessary in order to determine an applicant’s eligibility to join the Housing Register and their level of priority for housing. When completing an on-line application and declaration, applicants are authorising the Council to:

• make reasonable and relevant enquiries as are required to complete the assessment and
• disclose information to other parts of the Council and other agencies in order to verify the application.

If the applicant does not give authority to make reasonable and relevant enquiries and to disclose information to other parts of the Council or other agencies, then this may affect the assessment and final outcome of the application.

Applications will normally be assessed, once all the required information has been provided, within 33 working days.

If an applicant is ineligible or does not qualify to join the Housing Register, they will be informed of the reasons for this decision and advised of the review process (see Section 6).

A person who is a member of staff of the Council, their close family and elected members of the Council may apply for housing in the same way as other applicants. A close family member is a parent, sibling or adult child. Their status should be disclosed on the application form at the time of applying. Any applicant in this category, making a successful bid for a property and subsequent letting must be approved by a Senior Housing Officer.

An application for the Bucks Home Choice scheme will comprise of the lead applicant and any members of the applicant’s household who require re- housing with the applicant. For the purposes of Bucks Home Choice, the applicant’s household will normally comprise the applicant together with their partner (if applicable) and any dependent children (if applicable) who might reasonably be expected to reside with the applicant.

In assessing an application, the Council will assess who reasonably requires re-housing with the applicant. This will include consideration of the circumstances below.

Any non-dependent adult (child) over the age of 18 and not in full time education may be considered as part of the household if they might reasonably be expected to reside with the applicant.

For the purpose of assessing an application, dependent children are expected to share rooms with other children in the same extended family regardless of whether they are siblings, i.e, in the case of step or blended families (subject to age and gender requirements).

If an applicant wishes to include a carer in the application, then in all cases the carer must have been identified by the applicant as the person who is primarily responsible for providing the applicant with care and the carer must need to live with the applicant to provide this care.

Even if a carer is in receipt of carer’s Allowance this does not mean that it is necessary for them to reside with the person who is being cared for. Many carers provide over 35 hours a week support whilst living in their own home. An application to include a carer in a housing application will be considered if the applicant has been assessed by Social Care as needing to receive overnight support and the persons Care Package that they would supply supports overnight care. In these circumstances a copy of the Care Package will be required.

If an applicant is a separated parent and wishes to include their child in the application, the Council will assess whether the child resides with the applicant. This assessment will consider all circumstances including:

• A Child Arrangements Order for the child
• Which parent is the recipient of Child Benefit Tax Credits and/or Universal Credit.
• The existing residence arrangements for the child (i.e. where does the child currently stay with each parent?)
• Any other relevant information

In the case of children, the test of normal residence as a member of the family will require residence as opposed to ‘staying’ or ‘staying contact’ even in cases of joint ‘lives with’ Child Arrangement Orders. The Council in applying the residence test will consider whether there is a sufficient degree of permanence or regularity to constitute normal residence as a member of the family. Account may be taken of whether the child is dependent upon the applicant. The Council may also take account of the supply and demand for family accommodation and any under-occupation that may result where a child spends time with both parents.

Where the family unit is not currently residing together and they have previously lived together as a family unit and there is a reasonable expectation that they should reside together, the family will be considered as a split family. Assessment of priority band will consider the accommodation currently available by the different parts of the family and will be based on the accommodation that better suits the family’s needs at the time of the application.

Where an applicant has been assessed as having support needs, they will not be offered accommodation until they can demonstrate that they have engaged with the appropriate services and have a continuing support plan for tenancy sustainment. This is to ensure that an applicant with support needs will be able to manage a tenancy and reduce the risk of repeat homelessness. The support plan will be shared with registered providers at the point of nomination. The Council will consult partner agencies as required and in accordance with the Data Protection Act 2018 and the General Data Protection Regulation (EU) 2016/679 2016 (“GDPR”). A list of partner agencies can be found on the Bucks Home Choice application form.

In order to meet the criteria to qualify to join Bucks Home Choice under Right to Move the applicant must:

• be a social housing tenant
• have Reasonable Preference because of a need to move to the Buckinghamshire Council area to avoid hardship and is not deemed to be a non-qualifying person under clause 2.5
• need to move because the tenant works or has been offered work in the Buckinghamshire Council area
• and has a genuine intention to take up the offer of work.

The Council must be satisfied that the tenant needs, rather than wishes, to move for work reasons. As well as other factors the Council will take into consideration the nature of work and whether similar opportunities are available closer to home.

Under section 171 of the Housing Act 1996 it is an offence for an applicant to knowingly or recklessly give false or misleading information or knowingly withhold information relevant to their application. Under the Act, the Council has the power to take action against an applicant which could result in a fine of up to £5000.

An offence is also committed if the applicant allows a third party to provide false information on their behalf, or at their instigation.

If an applicant, or a person acting on their behalf, has given false information or withheld information it could:

• Affect an applicant’s eligibility to join the Housing Register.
• If appropriate, result in the applicant not being given preference at all.
• If appropriate, be taken into account in prioritising applicants who have Reasonable Preference.

Where there is an allegation or suspicion that a person has given false information, or has withheld information, the application will be suspended pending the outcome of an investigation. If it has been established that an applicant has provided false information the person will be deemed not to be a qualifying person.

Applicants must renew their applications once a year and they will receive a reminder and information on how to do this on the anniversary of the date of their application.

Applicants must also notify the Council of any changes in their circumstances, such as change of address, a relationship breakdown, an older child leaving home, or a baby being born. Proof of the change, such as proof of new address or birth certificates for a new baby will be required at the time the change of circumstances form is submitted to avoid delay in your application being reassessed.

If we decide that an applicant has become ineligible in law or no longer qualifies to remain on the housing register; we may suspend your application whilst we await further information or cancel your application and/or remove you from the register. We will confirm our decision in writing, giving clear grounds for taking the action and how to request a review of the decision.

• An applicant has been asked for information to support an application and a reply is awaited.
• An applicant has changed address and not provided a change of circumstances form.
• An applicant has been asked to provide information from their support agency or worker to support their application and a reply is awaited.
• We have sought to verify an applicant’s housing circumstances to nominate them for an offer of a tenancy and they have not responded to requests for information or allowed officers to visit them at home.
• The applicant has not responded to an offer of housing within the timescales required.
• A change of circumstances form has been completed and we are reassessing your housing circumstances

If suspended, an applicant will not be able to bid for properties.

• The applicant has asked for it to be cancelled.
• The applicant has been rehoused via Bucks Home Choice.
• The Applicant is owed a homelessness duty, and they have accepted an offer of suitable accommodation, which has resulted in the duty being discharged.
• The Applicant accepts an Assured Shorthold Tenancy.
• The applicant has exchanged a property with another tenant and is now deemed to be adequately housed.
• The applicant has moved and not told us of their new address.
• The Council has written or emailed the applicant about the application and there has been no response within 28 days.
• An applicant has not provided within 28 days all the information that has been requested and is reasonably required to support the application.
• The Council has evidence that the applicant no longer qualifies for housing (see Section 2.5)
• The Applicant has accrued housing related debt as per section 2.10 or damaged a temporary accommodation property arranged for them by the council.
• The applicant is found to have made a false or deliberately misleading statement, or to have withheld information in connection with their application.
• The applicant’s circumstances have changed, and the applicant no longer has a housing need or local connection under this policy.

In the event of an application being cancelled the Council reserves the right to re-instate an application at its discretion.