Housing Monthly Diary Archive

Local Authority News


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January 1998
Court Ruling on Westminster Gerrymandering

Following a High Court decision to uphold District Auditor John Magill's findings of wilful misconduct and gerrymandering, Labour councillors at Westminster CC called for action to be started to recover £27 million in surcharges from the former Council Leader, Dame Shirley Porter and her then Deputy, David Weekes.

The High Court cleared former Director of Housing, Graham England, of any misconduct, as well as the previous Chair of Housing, Peter Hartley, and Managing Director, Bill Phillips. The District Auditor was reported to be appealing against the decision to clear Peter Hartley of wilful misconduct (the Court found him guilty of misconduct, as he oversaw the designated sale policy in the so-called homes for votes affair, but did not conclude it to be wilful, as he had not been made aware that the policy was unlawful).

No action was likely to be taken to recover any money until the appeals process had been completely exhausted.

February 1998
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March 1998
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April 1998
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May 1998
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One of the deputies has overall responsibility for Housing and Social Services, with the other five taking responsibilities in the areas of Regeneration, Best Value, Community Consultation and Social Inclusion. The traditional type of committee system has been abandoned and replaced by committees of backbench and opposition councillors, who will have the power to oversee activities of deputies. The Council estimated that the changes would cost some £500,000, but that this would be offset in savings made in overtime and printing costs for agendas of committees.

June 1998
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July 1998
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The Council incurred £12.5 million in costs dealing with legal claims made by tenants last year for repairs under the Environmental Protection Act 1990.

August 1998
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September 1998
Around the Councils

A separate report disclosed that Birmingham MDC had completed an enquiry which revealed that leaseholders had been undercharged for up to 17 years. It was understood that the Council intended to reinvoice to recoup part of the losses for the current financial year, which could see the annual charge for some leaseholders rising by more than £100 to cover planned repairs to their properties.
In a separate report - Glasgow Council agreed to consider alternative courses of action, after some 500 tenants objected to letters requiring them to remove door security grilles put up by them for their own protection. The self-help security action by tenants responded to the growing crime rates on the City's estates. However, it also introduced fire hazards, which the Council could not continue to ignore.

October 1998
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November 1998
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December 1998
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January 1999
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February 1999
Consultation on Beacon Councils

The Government published its consultation paper - The Beacon Council Scheme: Prospectus.

Under the proposals, the Government is to award Beacon status to up to 40 councils in the first year. Beacon councils will have proven track records in one of seven general areas. The two that are particular to housing are:

In April, the Government invited councils to apply for Beacon status for their work in one of the seven areas. Ministers would select Beacon councils on the basis of advice of an independent advisory panel.

Shortlisted councils will be visited to assess their performance and their ability to spread good practice to other councils. The successful applicants were due to be announced in October.

It was intended that this process would be repeated each year, although the service areas for which Beacon status was awarded would vary. Each year, Beacon status would, where possible, be awarded to councils which represent the diversity of local government - urban and rural authorities, unitary and two-tier authorities and authorities from different parts of the country.

February 1999
Around the Councils

The proposals differ from those concerning housing companies, in that the new landlord will be a trust - but a stock transfer will not be involved. It is proposed that the new trust will be an independent limited company, registered as a charity, with the Council and tenants each providing a third of the directors and the remaining directors being drawn from independent applications.
 
Under the proposals, the Council will have the initial management and maintenance contract,which will last for 5 years, after which time the new body may take over functions itself or put them out for tender.
 
It was understood that the Welsh Office had yet to comment on the proposals.
The new scheme is to become part of the Council's overall strategy to prevent unauthorised use of its homes, which includes a dedicated housing inspectorate team to carry out a variety of audits and checks each year.

March 1999
Around The Councils

She contested the findings of wilful misconduct in the policy to sell-off homes in marginal wards, with the intention of attracting Conservative votes - arguing that she had taken legal advice before embarking on the policy.

March 1999
Ombudsman:Complaints Of Delay And Indecision

The complainants, a couple, wished to purchase their home under the Right to Buy scheme.

The Council delayed in reaching a decision as to the correct position of the boundary and the complainants withdrew from the sale.

They later made a second application and the Council drew up a conveyance plan, which showed the boundary as it existed on the ground. The complainant believe that the land conveyed to them includes a strip which has been encroached upon by their neighbour. The Council believes that the true position of the boundary remains in doubt.

Ombudsman Jerry White concludes that Plymouth CC's failure to decide on the true position amounts to maladministration. As a result, the complainants have suffered inconvenience and frustration in trying to ascertain whether there has been encroachment on their land.

In his report, the Ombudsman recommends that the Council should:

The Ombudsman also recommends that the complainants are paid £300 compensation.

Investigation No. 98/B/0181 (Plymouth CC).

Information Note

The Commission for Local Administration in England (the Ombudsman service) provides full copies of Investigation Reports on request. For occasional requests, no charge is made.

However, administrative and postage costs may be charged for frequent or multiple copy requests.

The Commission can be contacted on Tel. 0171 915 3210.

April 1999
Special Needs Services Standards

The Audit Commission published Local Authority Performance Indicators: Services for People with Special Needs, which finds that the performance of local authorities varies significantly across the country.

Some of the key findings in the report are specific, or relevant, to housing, including:

Overall, the average length of stay in bed & breakfast and hostel accommodation has decreased slightly - 11 weeks in 1994/95 to 10 weeks in 1997/98. However, there was an increase in the average stay findings for London councils. Note, the Audit Commission published a separate report earlier in 1999, which looked at the problem of increasing lengths of stays in bed & breakfast and hostel accommodation in London.
 
There were enormous variations in the time that homeless people spent in bed & breakfast and hostel accommodation. Some of the largest occurred amongst district councils, where for some the length of stay figure was twenty times longer than in similar neighbouring authorities. In 19 district councils, the length of stay was six months or more.
 
Some councils using bed & breakfast and hostel accommodation for long periods, only allocated a small percentage of their available permanent housing to homeless people. The report recommends that these councils examine their allocations policies, to see whether an increase in the proportion of lettings to homeless people could reduce their dependency on emergency accommodation.
 
The length of time taken to assess whether homeless households are entitled to housing also varied significantly between different types of councils. On average, London boroughs took 73 days - compared with 17 days by metropolitan councils. However, some of the larger variations occurred in district councils, where some took ten times longer to assess homeless households than similar neighbouring authorities. The average number of days taken by district councils was 26 and for unitary councils - 24 days (1997/98 statistics).
Nearly 10% of all councils were significantly poorer at paying Rent Allowance on time than at processing other types of benefits promptly. Where a council may be prioritising claims for benefit paid to the council over benefit which is paid to private tenants and their landlords, a policy review is recommended.
 
The report also highlights variations in cost, with the cost per claimant in some councils being up to twice as high as in neighbouring and better performing authorities.
 
The report is available from Audit Commission Publications on freephone 0800 502030: £20.

April 1999
Court Clears Shirley Porter

A Court of Appeal judgment cleared Dame Shirley Porter of gerrymandering charges in the so-called Westminster Council's Homes for Votes affair. The judgment overturned the findings of an inquiry into the sale of Westminster Council homes in the eighties - which concluded that there was an ulterior motive to increase the number of potential Conservative voters in key marginal wards.

The events leading up to this judgment stretch back to 1986:

The following extract is an important element of the majority findings in the Court of Appeal:

Following the judgment, District Auditor John Magill was granted permission to appeal to the House of Lords.

April 1999
Around the Councils

In a separate development, it was announced that contractor CSL would be taking over the management of the Council's Housing and Council Tax Benefit service in June.
The Council points to the crisis of having over 2,000 families housed in temporary accommodation - including some 700 asylum seekers. With 180 of those households including members suffering with mental illness, it was impractical to suggest that bed and breakfast accommodation should not be used.
 

April 1999
Ombudsman:Methane Problem Not Disclosed

Ombudsman, Patricia Thomas, issues reports on her investigation of eight complaints against Barnsley MBC, all concerned with housing sales.

All of the complainants bought their homes from the Council. They complained, that at the time, the Council failed to tell them about problems with the omission of subterranean methane in the locality.

The Ombudsman finds that the Council had not properly considered its position over the notification of a problem of which it was well aware and about which the complainants were entitled to know. This, she concludes was maladministration.

With regard to five of the complaints, the Ombudsman finds that the failure to tell the complainants, in the particular circumstances of their purchase, was maladministration with the potential to cause injustice. Injustice is, however, restricted because the complainants would have had at least some knowledge of the problem at the time.

With regard to these five cases, the Ombudsman recommends that:

Investigations Nos. 98/C/3419, 98/C/3879, 98/C/4917 (Injustice not found) and 98/C/3278, 98/C/3875, 98/C/3876, 98/C/3878, 98/C/3881 (Potential to cause injustice) (Barnsley MBC).

May 1999
Council Performance Indicators - Wales

The Audit Commission published Local Authority Performance Indicators 1997-98: Council Services in Wales, which provides information on how Welsh councils spend about £900 per person per year, how their performance has changed over time and how the performance of councils compares.

The report finds that many Welsh councils improved services between 1996/97 and 1997/98 but significant variations between councils remain and a small number are providing a poorer service. Despite improvements, performance in a number of services is still poorer than before Welsh councils were reorganised in 1996. For example, the number of Council Tax Benefit applications processed within 14 days improved slightly between 1996/97 and 1997/98 but still remained eight percentage points lower than in 1994/95.

In some cases, councils that were already performing relatively poorly have got worse - of the 10 Welsh councils that took longer than average to re-let council homes in 1996/97, six have got worse.

Most councils have slightly reduced the amount they spend per person. While there are wide variations in spending in Wales, on average Welsh councils spend significantly more per person than similar English councils.

May 1999
In-house Team Going Private

The housing management service in Westminster City Council is being re-tendered over the next 12 months and the in-house team - WMS - announced that they are to form a private company to bid (with a joint venture partner) for the new, all-embracing housing contracts.

The contract specification had to be finalised but was likely to require the successful bidder to deliver a full range of services, including housing management, estate gardening, estate cleaning, repairs, planned maintenance and major building projects. The tenderers are also expected to suggest innovative ways in which private sector finance can be injected into the housing service during the term of the new contracts.

WMS was established as an internal contractor two years ago and, as well as servicing Westminster CC, it has also worked for a number of other London councils.

May 1999
Around the Councils

May 1999
Beacon Status Update

Local authorities were invited to apply for Beacon Council Status in an announcement made by Local Government Minister, Hilary Armstrong. The Beacon Council Scheme was launched for consultation in February and it is aimed at raising standards in all councils by spreading best practice. It is the Government's intention that every council will participate in the scheme.

In the first year, around 40 councils are to be awarded Beacon Status, with the objective of developing centres of excellence which others can learn from. This year, councils apply for Beacon Status in up to three of the following seven service areas:

The Beacon Council Scheme has two phases - the first phase focuses on spreading best practice, the second phase will, in addition, allow new freedoms and flexibilities to be tested. The details of the application process are set out in Beacon Council Scheme: How to Apply, which is available from DETR Free Literature, P O Box 236, Wetherby LS23 7NB. The document is also available on DETR's website at http://www.detr.gov.uk/. Ministers will select Beacon Councils on the basis of advice from an Independent Advisory Panel.

June 1999
Around the Councils

The Council was also considering giving tenants and ward councillors the opportunity to operate a local lettings policy, with the objective of cutting the number of empty homes by allowing flexibility in the interpretation of the Council's allocation rules.

July 1999
Around the Councils

The Act provides - if someone trespasses on land for 12 years, they can acquire the legal ownership of it. The owner must not have been in possession, or have asserted any rights over the land.
The squatter had occupied the house for 16 years and claimed adverse possession - meaning that he had treated the property as his own by occupying it and not paying any rent. The Council's argument that the squatter could not establish that he had lived there continuously, having not made any Council Tax (previously Poll Tax) returns, was rejected by the Court of Appeal.

August 1999
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September 1999
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October 1999
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November 1999
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December 1999
First Beacon Councils Announced

Forty-two local authorities became the first ever Beacon Councils. In conjunction with the Improvement and Development Agency, they will organise best practice sharing activities for councils all over the country during the period to March 2001. There are seven service areas on which the Beacon scheme is focusing in its first year, of which two are specific to housing. The successful Beacon Councils in those two service areas were:

Improving Housing Maintenance

Improving Housing and Council Tax Benefit Administration

Notes

The Government established the Beacon Council Scheme to select a number of councils to act as pace-setters and centres of excellence. Ministers selected 33 applications, covering 42 councils (due to a joint application from councils in Hampshire) from an original pool of 269 applications from 211 councils.

The Beacon Council Scheme programme of events brochure - Where to Go and What to See - has been published by the Government. It lists the Beacon Councils and outlines their best practice and their dissemination proposals. It also informs councils how to participate in the scheme.

Copies are available from DETR Free Literature, P O Box 236, Wetherby LS23 7NB.

December 1999
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January 2000
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February 2000
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March 2000
Local Authority News

April 2000
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