Agenda Reports Pack (Public) 15/10/2012, 19.00 - Meetings ...

such as financial resources, behaviour and local connection. It is alsoproposed to give additional priority to working households, those intraining leading to employment and those making a significantcontribution to the community.10.5 This policy is considered to be justifiable and lawful. The Council has abroad discretion to allocate accommodator in such manner asconsiders appropriate. This discretion is subject to general commonlaw principles of public law and in particular the requirement of“Wednesbury” reasonableness which means the decision must not beirrational or one which no reasonable authority could take. Case lawhas established that as long as a scheme complies with the statutoryrequirements the courts should be very slow to interfere on the groundof alleged irrationality. It is accepted the allocation of housing is amatter of political sensitivity, judgement and local expertise andknowledge.10.6 Under the Act the Council is also required to have regard to guidancegiven by the Secretary of State which was issued in June 2012. Itshould be noted that the guidance does suggest housing authoritiesshould avoid setting criteria which disqualify groups of people whosemembers have reasonable preference, for example the homeless. It isintended to disqualify homeless applicants who are in long termtemporary accommodation and the justifications for this are set out insection 4 of the report. The scheme does give the Director of HousingOptions, Skills and Economic Development discretion to makeallocations to non qualifying persons in cases of exceptional housingneed.10.7 It is suggested that the Officers should monitor the operation of thescheme to ensure that the Council complies with its obligations totowards persons in the reasonable preference categories. Should anymajor changes be made to the scheme there is a duty to consult withlocal private registered providers of social housing.10.8 Tenancy StrategyThe Localism Act has amended the Housing Act 1985 to give theCouncil the right to grant flexible tenancies for a minimum term of 2years. But the Council must also comply with “tenancy standard” setthe Social Housing Regulator and this suggests that 2 year fixed termtenancies should only be granted in “exceptional circumstances”. It isconsidered that the exceptional cases set out in Section 4.4 of theTenancy Strategy are lawful. But Members should note that during theconsultation process concerns were raised about the proposal to grant2 year tenancies to 18-25 year olds. Officers reasons for adopting thispolicy are set also set out in section 4.10.9 The Homelessness strategySection 148 of the Localism Act amends section 193 of the HousingAct 1996 to allow housing authorities to make “private rented sectorPage 359