Consideration was given to the report of the Head of Housing and Community which sought authority to appoint a new agent to undertake reviews of homelessness decisions under the Housing Act 1996 (as amended). 

Housing law allowed applicants to request a review of their homelessness decision made by the Council within 21 days of the date of notification; applicants were able to request a review of the section 202 review decision under section 204 of the above Act.  At present, the Council contracted this service to an independent agent.  Unfortunately, the current contract was not performing effectively, and it was considered necessary to appoint a new agent, therefore a procurement exercise was required.

The Homeless Code of Guidance 2018 stated that reviews must be carried out by a senior officer that was not involved in the original decision.  Due to the small size of the Council’s Housing Team, it was necessary to outsource this work to an external provider.  Appointing an external agent was common practice amongst local authorities and would be a robust and cost-effective way of managing the Council’s legal duty without the risk of being challenged on the grounds that a review was not wholly independent.  It was noted that the cost of reviews was included with the Housing Needs budget.

Cabinet approved that delegated authority be granted to the Head of Housing and Community in consultation with the Cabinet Portfolio Holder for Housing and Homes to appoint a new agent to undertake the reviews of homelessness decisions under the Housing Act 1996 (as amended).  It was requested that improved monitoring takes place of the new contract to ensure service levels and expectations were met.

RESOLVED: That the:

1)    Council’s obligation to conduct reviews of homelessness decisions under sections 202 and 204 of the Housing Act 1996 (as amended) be noted; and

2)    appointment of a new agent to fulfil the Council’s obligations to review homelessness decisions under sections 202 and 204 of the Housing Act 1996 (as amended) be delegated to the Head of Housing and Community in consultation with the Cabinet Portfolio Holder for Housing and Homes.