Top housing lawyers criticise draft DCLG guidance on allocation of social rented homes

The Government’s draft guidance to councils on the allocation of available social rented homes has been sharply criticised as a “wasted opportunity” by the housing team at a leading set of chambers.

In a submission to a Department for Communities and Local Government consultation, the team at Garden Court Chambers said the draft fell “well short of providing the real help local authorities need to get the process right”.

The set argued that more detailed and practical guidance should be given on a range of issues.

These include when the reforms are to be brought into force. “It would have been helpful, and is now essential, that the maximum possible notice is given to local authorities and their partners as to the intended commencement date,” the response argued.

Other outstanding issues include:

• Identifying who can and cannot qualify for housing;
• Dealing with transfer cases;
• Avoiding discrimination and promoting equality;
• Drawing-up lawful allocation schemes for new ‘affordable’ and ‘flexible’ tenancies;
• Resolving disputes about applications; and
• Working out which applicants fail the eligibility tests because of their immigration/nationality status.

Jan Luba QC, a barrister at Garden Court Chambers, said: “It is vital that councils get all the help they can in the complex task of re-designing their schemes for distributing available social housing while staying within the law. The Localism Act of last year has fundamentally moved the goalposts and councillors and officers need to know how best they can give effect to the changes.

“Our experience suggests there is a real need for detailed, constructive guidance from Government but this draft Code leaves a great deal to be desired. In its current form it represents a wasted opportunity.”

Liz Davies, who co-authored the report, said: “We hope our response will encourage others to take a hard look at the draft of this essential guidance and to put in their responses before the deadline of 30 March 2012.  The present draft could be vastly improved for the benefit of both councils and applicants if our proposed modifications are adopted.”