Hackney agrees to amend unlawful allocation scheme
The London Borough of Hackney has agreed to amend its housing allocation scheme (“the Scheme”) under Part 6 of the Housing Act (“HA”) 1996, and ensure that people are able to make applications under the Scheme, as part of the settlement of a claim for judicial review.
The Scheme provides that applications for housing must be made by using an online form on Hackney’s website, with assistance to be provided to those who are unable to do so. However, for more than 18 months since the Scheme was adopted in October 2021, the relevant page has stated:
The Council is introducing a new housing register application form and assessment system. This is following the introduction of a new lettings policy introduced on the 1 October 2021.
We are currently piloting the application form with a random sample of residents. The pilot will help us release a better version of the form. After the pilot, the form will be rolled out to anyone that needs to join the housing register.
In the meantime, anyone who wishes to join the housing register should call 0208 356 2929.
When you call, we will ask for your details including your name, address, phone number, and email address. When the form is available a link will be sent to your email address to apply to join the housing register.
Further, the Scheme provides that the eligibility to join the housing register on grounds of homelessness is limited to whom the main homelessness duty in s193 HA 1996 has been accepted; contrary to the requirement to afford “reasonable preference” to all of the categories of people who are homeless or threatened with homelessness set out in s166A(3) HA 1996.
The Claimant, SA, issued a claim for judicial review against Hackney, challenging:
(1) Its failure to provide any means for making a Part 6 application on its website;
(2) Its failure to provide her with assistance to make an application, in accordance with the Scheme, in light of her limited knowledge of English;
(3) Its restriction of qualification for its housing register on grounds of homelessness to applicants owed the main homelessness duty under s193.
Following the issue of the claim, Hackney sent SA a unique link to an online form to make a Part 6 application and agreed to provide her with the necessary assistance to do so.
However, in the consent order settling the claim, sealed by the High Court on 17 July 2023, Hackney also agreed that:
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As soon as reasonably practicable, and after all existing households on the register are re-registered onto new software, it will ensure that its Part 6 application form is generally available to prospective applicants on the relevant section of its website; in accordance with section 2.3 of its allocation scheme (‘Lettings Policy for Social Rented Homes’, October 2021);
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Prior to that time would-be applicants will be able to call 020 8356 2929 to ask to join the housing register (when a link to the application will be sent to them);
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As soon as reasonably practicable, and in any event not later than 28 days from the date of the sealed order, it will update the relevant section of its website to reflect the position set out in the previous two paragraphs (making clear, in particular, that would-be applicants who call the relevant telephone number will be sent a link to the application immediately, rather than having to wait until the release of a new version of the form, as currently suggested); and
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As soon as reasonably practicable, and in any event not later than 90 days from the date of the sealed order, it will amend section 2.7.4 of its allocation scheme to remove the restriction on qualification for its housing register on grounds of homelessness to those applicants owed the full housing duty under section 193(2) HA 1996; in accordance with the requirements of section 166A(3)(a) and (b) HA 1996.
Daniel Clarke was instructed for the Claimant, SA, by Ann Bevington and Anisa Mohamed of Hopkin Murray Beskine.
