Scheme of Allocation

Housing Assessment

Housing authorities have ongoing duties to assess housing needs within their area. The legislation sets out the factors which they must take into account.

If housing is obsolete,  overcrowded and unfit, it’s likely obsolescence and loss to the housing stock must be considered.  Authorities must consider the number of homeless persons or persons living in temporary or movable accommodation.

They must consider the population structure and estimate prospective future needs. The housing assessment must be carried out every 3 years.

Scheme of Priorities

Housing authorities must draw up a scheme of priority of lettings to persons identified in their assessment.In preparing a scheme of priorities the Housing Authority must have regard to those in need of housing.

Persons to be Considered

Persons to be considered include

• homeless persons,
• persons in overcrowded accommodation,
• person sharing accommodation who should be in separate accommodation,
• young  person leaving care,
• elderly disabled or handicapped persons not able to meet the cost of their accommodation.

Travellers’ Accommodation

The Housing (Traveller Accommodation) Act 1998  required a scheme for the accommodation of persons who traditionally pursue a nomadic way of life.  The authorities were given powers to provide and control sites for caravans.

 The elected members were reluctant to designate halting sites, and 1998 legislation allowed the County Manager to make a scheme where the elected members had failed to carry out their duty to do so.

The Planning and Development Act requires planning authorities to make objectives in relation to traveller accommodation in making its development plans.  See the section on planning laws and the chapter on the development plan.

Individual Rights

There have been numerous cases taken in the last 30 years which have held that there is no obligation to provide accommodation for a specific person.  The obligation on the housing authority is to act reasonably in the preparation and operation of the scheme of priorities.

In a number of cases involving Travellers’ accommodation, the courts held that there is a duty to provide sites, although there is not an enforceable duty to provide a particular site for a particular individual.  Local authorities are also obliged to provide services for the site such as sewage, water et cetera

Councils must act reasonably and consistently in the application of their policies.  However, they have wide discretion, and the court will not generally interfere.

The courts have granted orders against Councils for the benefit of persons seeking accommodation where the council not performing its obligations under the legislation.  However, where a policy is in hand and is being implemented, the courts have not interfered.