Band A – Exceptional Housing Need
Exceptional Housing Need that takes priority over other applicants
Applicants will be placed in the exceptional housing need band if their need for housing is assessed as so exceptional that they take priority over all other applicants or if there is an urgent need to allocate a property for financial or operational reasons.
Substantial evidence must exist and be provided by any relevant statutory or voluntary agencies before such priority is awarded.
Examples
Example 1
To escape violence or threat of violence, serious harassment or a traumatic event. Where there is immediate and serious risk to a household living in a Dorset Council Home Choice property. The Police or another appropriate agency will usually provide supporting evidence that the risk exists. The person at risk may be the applicant, or another person who might be reasonably expected to reside with them.
Example 2
There is an operational need to move the applicant quickly where the applicant is in a specific type of temporary accommodation such as a refuge, where they can no longer remain and further temporary accommodation is inappropriate.
Example 3
Where Dorset Council accepts a household being referred under the Witness Protection Scheme.
Example 4
Delayed transfer of care from hospital or from an interim care facility which has been a necessary move to avoid a delay in transfer of care from hospital.
Applicants will be given this priority for 3 months.
Please note that the award of ‘Exceptional Housing Need Band’ will be made by a Housing Team Leader within Dorset Council.
Statutory Homeless and owed a full housing duty by Dorset Council S193 (2)
Households owed a full housing duty under Section 193(2) of the Housing Act 1996 (as amended by the Homelessness Act 2002 and the Homelessness Reduction Act 2018) by Dorset Council. This banding may be reduced to Medium Housing Need band if the applicant fails to bid for suitable accommodation that becomes available or fail to co-operate subject to Section 193C (4)
Exceptional Disrepair Need
A property which would normally possesses an imminent risk of serious harm to the health or safety of the occupiers akin to section 40 of the Housing Act 2004 (or a similar level of health or safety risk).
Examples
Example 1
The means of escape in case of fire from a second-floor bedroom is via a kitchen – a room of higher fire risk.
Example 2
There is significant disrepair to the property’s fixed electrical wiring, putting the occupants at demonstrable risk of electric shock.
Exceptional Medical Need
Exceptional medical need which is life threatening or which is causing bed blocking with hospital/care facility.
Examples
Example 1
An elderly applicant who the medical specialists will not allow to be discharged from hospital back to a second-floor split-level flat which necessitates the climbing of stairs both to gain access and also within the flat itself.
This person suffers from a chronic heart condition and the only accommodation available to them would place their life at risk.
This view is amplified when further research reveals that the applicant lives alone, has virtually no contact with any neighbours, becoming in effect, a prisoner within the flat should the medical authorities decide to discharge him/ her from hospital
Example 2
Mr Stevens, a frail, elderly gentleman, lives on his own in an old caravan in the grounds of a house in a country area.
The only mains service is electricity.
He fetches his water from an outside cold water tap and must use an Elsan bucket toilet situated some distance from the caravan.
Mr Stevens suffers from dizzy spells, arthritis and was admitted to hospital as a result of the cold during the winter and the danger of falls when collecting water or using the outside toilet.
Exceptional Welfare Need
Severe and persistent welfare risk to the applicant.
Examples
Example 1
A family living in Sherborne. Son has severe illness that requires access to Dorchester hospital. Family car is in use for work, mother looking after children doesn’t drive and isolation from medical care is causing problems for other children.
Statutory Overcrowding
Statutory overcrowding can be caused by too many people living in a dwelling and depends on the size of the habitable rooms.
Room Standard
The room standard is contravened if two people of the opposite sex have to sleep in the same room the accommodation will be overcrowded unless the two people are:
- a married or cohabiting couple, or
- at least one occupant is under ten years old
The number of people of the same sex - unless they are a same sex couple - who can sleep in one room is restricted by the size of the room within the dwelling.
Rooms that are counted as space for sleeping include living rooms, dining rooms, bedrooms and the living area of an open-plan kitchen/living room. For the space and floor area calculations:
- children under one year old are ignored
- children aged from one to 10 count as a half
- anyone aged over 10 counts as 1
Space Standard
The Space Standard is contravened when the number of persons sleeping in the dwelling is in excess of the permitted number having regard to the number and floor area of the rooms of the dwelling available as sleeping accommodation.
- children under one year old are ignored
- children aged from one to 10 count as a half
- anyone aged over 10 counts as 1.
- a room is available as sleeping accommodation if it is of a type normally used in the locality as a living room or as a bedroom
The permitted number for a dwelling is the lower of the figures obtained by reference the below:
Rooms
- 1 room = 2 people
- 2 rooms = 3 people
- 3 rooms = 5 people
- 4 rooms = 7.5 people
- 5 or more rooms = 2 people for each room
Floor area
- floor area 110 sq. feet (10.2 sq. metres approx.) = 2 people
- floor area 90 - 109 sq. ft (8.4 - 10.2 sq. m approx.) = 1.5 people
- floor area 70 - 89 sq. ft (6.5 - 8.4 sq. m approx.) = 1 person
- floor area 50 - 69 sq. ft (4.6 - 6.5 sq. m approx.) = 0.5 people
Applicants accommodated by Dorset Council under a homeless duty are excluded.
Band B – High Housing Need
Owed a relief duty under S189B (2)
Households owed a relief duty under section 189B of the Housing Act 1996 (as amended by the Homelessness Act 2002 and the Homelessness Reduction Act 2018) by Dorset Council. This banding will be time limited and can be ended in a number of ways.
Under-occupying social housing
The applicant is a social tenant who resides within Dorset Council area, under-occupies their existing property and is looking to move to a smaller, more suitable property that matches their need.
Note: Where a tenant lives in specialist two-bedroom property this may not apply.
Overcrowded by 2 or more bedrooms
These applicants are assessed by a housing officer overcrowded by lacking two or more bedrooms according to the bedroom entitlement (see appendix 4) but are not statutorily overcrowded.
These criteria will not be awarded where evidence exists that proves the overcrowding is deliberate. This banding does not apply to households accommodated in temporary accommodation by Dorset Council.
High Medical Need
This band is awarded due to serious problems/medical issue(s) which have a serious impact on your housing need.
Note that where public monies have been committed or works begun to adapt the applicant’s property to meet the applicants housing needs the applicant may be moved to Band D – Low Housing Need.
Examples
Example 1
Mrs Smith, an elderly widow, lives on her own in a first floor flat. She suffers from severe rheumatoid arthritis and is unable to climb stairs.
As a consequence, she is housebound. This is clearly not putting her life at risk, but is having a serious effect on her lifestyle, which a move to ground floor accommodation would resolve.
[Note the key fact here is that the applicant is housebound because of their condition – were the applicant able to move around more freely this case would likely to be assessed as Band B medium medical need
Example 2
Mr and Mrs Brown, are both aged 70, are the owner-occupiers of a large Victorian property.
Mrs Brown also suffers from osteoarthritis and now finds mobility painful, which is aggravated by this large dwelling, where only the WC facilities are on an upper floor.
Mr Brown has a blood disorder and has considerable problems keeping warm, which is aggravated by this old property with its large rooms and high ceilings.
The GP is concerned on both accounts and has advised the Housing Team accordingly.
High Disrepair Need
Based on the conditions identified by the Dorset Council’s Housing Standards Team who have deemed the applicant’s (your) home to have at least one or more category 1 hazards (or a similar level of health or safety risk) as defined under the Housing Act 2004 Housing Health and Safety Rating System which cannot be resolved within 6 months (when the disrepair has been resolved the banding will be reviewed and revised accordingly)
Examples
Example
A property has no fixed central heating system to habitable rooms, no insulation to the loft and rising damp to a number of ground floor rooms.
Significant renovation is required to bring it up to an acceptable standard.
High Welfare Need
Serious and persistent welfare risk to the applicant.
Examples
Example 1
A child within an applicant’s family has been abused outside of the family home. The child is now seeing the abuser regularly in the local community and this is causing serious hardship to the child.
Example 2
An applicant has a terminal illness and the management of their condition would be improved if they could move to a different property.
Severe or Persistent Harassment
The applicant is a victim of severe and/or persistent harassment or violence at their current property within the Dorset Council area providing evidence exists to substantiate the claim (e.g. from Police/Housing Officer), and re-housing is the most appropriate course of action.
Proven Social Need/Support of another Service
Applicants will also be placed in band B if there is a proven social need or to support the delivery of another service.
This applies to applicants who, for exceptional reasons, fall outside of the rest of Dorset Council Home Choice scheme and need to be found secure alternative accommodation. This may include children at risk issues where children would otherwise be accommodated by social services.
Social Tenant Living in Adapted Property
Social tenant living in a property with extensive adaptations within the Dorset Council area, which are no longer required by either the applicant or a member of the household.
Social Tenant Requiring Extensive Adaptations
Social tenant or a member of their household within the Dorset Council area who requires extensive adaptations and is prepared to move to a property with such adaptations rather than having them done in current home.
Examples of extensive adaptations may include stair lift; through floor lift; level access shower; ramp.
Corporate Parenting Responsibility
Dorset Council has a corporate parenting responsibility where a young person who has been looked after, fostered or accommodated and has had a duty of care accepted under the Children Act in Dorset Council, and is ready for independent living.
They should be awarded band B to enable a planned move on to independent suitable accommodation providing a support plan is in place.
The following criteria will apply:
- they are ready and prepared to move to independent settled accommodation
- they have the life skills to manage a tenancy
- they have a support package and appropriate Pathway Plan
- they have not, or have not previously, been a tenant of a registered provider as a result of being granted this priority
In exceptional circumstances priority may be given to former relevant children (up to the age of 25) who have completed higher education funded by Dorset Council.
Corporate Duty
Referrals from Adult Social Care and Children’s Services will be considered under this band where it is identified that a corporate duty exists under social care legislation and it is demonstrated that an allocation will prevent a residential placement or a placement outside the council’s area.
Examples
Example 1
Including applicants who are foster carers, become an approved foster carer within the last 52 weeks, those approved to adopt, or those being assessed for approval to foster or adopt and have written evidence to support, who need to move to a larger home in order to accommodate a looked after child or a child who was previously looked after by a local authority.
Example 2
Including special guardians, holders of a residence order and family and friends, carers who are not foster carers but who have taken on the care of a child because the parents are unable to provide care.
Supported Housing and Ready to Move On
The applicant resides within a short-term Supported Housing project (usually available for up to a maximum of two years) and is seeking to 'move-on' into independent accommodation.
NB: The Project Manager of the scheme must confirm in writing and provide evidence that the applicant is ready for such a move and has acquired reasonable skills to sustain a tenancy. Until this time, the applicant will be placed within Band D.
Owed a relief duty under S189B (2) with no local connection
Households without a local connection but who are owed a relief duty under section 189B of the Housing Act 1996 (as amended by the Homelessness Act 2002 and the Homelessness Reduction Act 2018) by Dorset Council.
This banding will be time limited and can be ended in a number of ways.
These households will be able to bid for properties, but their bids will only be considered after all bids from other households who do meet local connection criteria have been dealt with in the same band.
Efficient Management of Housing Stock
This priority will be awarded in a number of situations set out below to aid efficient management of social housing stock e.g.
- those moving from one bed general needs property to one bed sheltered accommodation
- as a management tool to resolve issues affecting a block or estate
- as a tool to help partner organisations address their housing responsibilities contained within employment contracts
Service Personnel
Applicants that fall within one of the following groups will be placed in Band B High Housing Need (if no other identified housing need exists) when they have provided proof of their date of discharge, subject to the overall financial assessment set out within the policy:
- former members of the Regular Armed Forces
- serving members of the Regular Armed Forces who are suffering from a serious injury, illness or disability which is wholly or partly attributable to their service
- serving or former members of the Reserve Armed Forces who are suffering from a serious injury, illness or disability which is wholly or partly attributable to their service
- bereaved spouses or civil partners of those serving in the Regular Forces where:
- the bereaved spouse or civil partner has recently ceased, or
- will cease, to be entitled to reside in Ministry of Defence accommodation following the death of their Service spouse or civil partner, and (ii) the death was wholly or partly attributable to their service
- current members of the Regular Armed Forces
Band C – Medium Housing Need
Overcrowded by 1 bedroom
These applicants are assessed by a housing officer overcrowded by lacking one bedroom according to the bedroom entitlement (see appendix 4) but are not statutorily overcrowded.
This criteria will not be awarded where evidence exists that proves overcrowding is deliberate.
This banding does not apply to households accommodated in temporary accommodation by Dorset Council.
Homeless Households
People who are homeless including those who have not made an application (within the meaning of Part 7 of the Housing Act 1996 (as amended).
This will include households who are deemed to be intentionally homeless or considered not to be in priority need by Dorset Council, as well as those where the Authority has owed a s193 duty but has subsequently discharged that duty for any other reason other than re-housing.
People who are owed a (homeless) duty by any local authority under section 190(2) of the 1996 Act (or under section 65(2) or 68(2) of the Housing Act 1985). The letter detailing the outcome of a homeless application will specify whether one of these sections applies.
Owed a Prevention Duty under Section 195(2)
Households owed a prevention duty under section 195 of the Housing Act 1996 (as amended by the Homelessness Act 2002 and the Homelessness Reduction Act 2017) by Dorset Council.
This banding will be time limited and can be ended in certain circumstances.
Owed a Prevention Duty under Section 195(2) with no local connection
Households owed a prevention duty under section 195 of the Housing Act 1996 (as amended by the Homelessness Act 2002 and the Homelessness Reduction Act 2017) by Dorset Council but do not meet the local connection criteria as set out in this policy.
These households will be able to bid for properties, but their bids will only be considered after all bids from other households who do meet local connection criteria have been dealt with in the same band.
Accommodation Duty Following Deliberate and Unreasonable Refusal to Co-operate (s193c (4)) Duty Owed
This band applies to applicants who would ordinarily be deemed as unintentionally homeless and having a priority need but the relief duty has been ended due to their failure to co-operate. The relief duty will have been discharged in accordance with the non-co-operation procedure.
Medium Medical Need
Medium medical issue(s) which have a moderate impact on your housing need.
Examples
Example 1
Sarah and Jane are a same sex couple and live in a rented property.
Sarah considers that their relationship has broken down, although her partner refuses to accept this fact.
Whilst she has not been subjected to physical violence, there is a great deal of mental cruelty which has led to Sarah seeking the help of a Consultant Psychiatrist and being unable to work for several months.
She has been advised that her mental health is being affected by her relationship with her partner. In a case such as this, it would be essential for the Housing staff to consult the Community Physician before making a banding award.
Example 2
Mrs Coles and her daughter are living in a property where Mr Coles (husband and father) died of cancer. The young child (7 years old) is now constantly looking for her father in the property and this is causing considerable upset.
Need to move for critical/essential support to avoid hardship
People who NEED to move to a particular area to avoid hardship to themselves or to others for example:
- the applicants need to receive care.
- the applicant needs to give critical care or support to someone within the council area
- to access specialist medical treatment
- victims of harassment or violence
Evidence will be necessary to show the support can only be attained by moving.
Medium Welfare Need
Moderate and/or intermittent welfare risk to applicant.
Examples
Example 1
An applicant is isolated in a rural area with no family to provide support and no transport to enable them to visit Doctor regularly.
Medium Disrepair
Based on the conditions identified by the Dorset Council’s Housing Standards Team who have deemed the applicant’s (your) home to have at least one or more high ranking category 2 hazards (ranked D or E) (or similar level of health or safety risk such as a household that is determined to be lacking in 1 bedroom as defined using the ‘bedroom standard’) as defined under the Housing Act 2004 Housing Health and Safety Rating System which cannot be resolved within 6 months (when the disrepair has been resolved the banding will be reviewed and revised accordingly)
Examples
Example 1
A property has an inadequate means of escape in case of fire and improvements are necessary to bring it up to standard.
Social Tenant’s Right to Move for Work
Applicants who are able to demonstrate the need to move nearer their place of work within the Dorset Council area because they have secured or have permanent employment (over 16 hours per week average) in the area (evidence of the employment must be provided) and are currently a social housing tenant and would experience hardship if unable to move to the area.
Affordability
Where a property becomes unaffordable due to a change in the applicant’s circumstances applicants may be awarded Band C Medium Housing Need to reflect this hardship and prevent homelessness. This will be subject to a financial assessment.
Split Families
Applicants that have previously lived together but who, not by choice are living in separate households due to the lack of suitable accommodation available and cannot live together and wish to be re-housed together and have not been accepted by Dorset Council under Part 7 of the Housing Act 1996 (as amended by the Homelessness Act 2002 and the Homelessness Reduction Act 2017).
This includes those who may not have been living as part of the household at the time of the application, but whom it would be reasonable to expect to live with the applicant, as part of his/her household.
An application form should be completed by the household living in the worst property out of the households applying, to ensure the application is placed in the correct banding.
Unsatisfactory or insanitary conditions
People occupying insanitary living conditions or otherwise living in unsatisfactory housing conditions such as but not limited to:
- lacking a bathroom or kitchen
- lacking inside WC
- lacking cold or hot water supplies, electricity, gas or adequate heating
- property in disrepair
- poor internal or external arrangements
Band D – Low Housing Need
Low Housing Need
Applicants, who at the time of their application, live in a property which is adequate for their needs in terms of size and facilities and do not meet any of the other banding criteria. These applicants will consider their current property does not meet all of their needs but are otherwise excluded from registering. This criteria means their need can be recognised and there may be properties they are interested in, for example:
- a Community Land Trust property
- independent affordable accommodation
- properties that are hard to let
Low Medical Need
The degree of the problem is minor, but it is recognised that a move to another property will be beneficial for the applicant. For example:
Examples
Example 1
A couple in their early 60s have signs of generalised arthritis and rheumatics. There are some difficulties with the accommodation because it is difficult to maintain a constant temperature during winter months. The garden is also becoming an increasing chore, but out of a sense of pride the occupants continue to try and keep on top of it.
Example 2
Minor problems relating to recurring colds/asthma or regular depression or unusual allergies could be pointed under this heading providing a link to the existing accommodation could be demonstrated.
Low Disrepair Need
The applicants’ home has one or more category 2 hazards (F or below) (or similar level of health or safety risk) as defined under the Housing Act 2004 Housing Health and Safety Rating System as identified by Dorset Council’s Housing Standards Team.
Examples
Example 1
A property has mould growth due to condensation in a number of habitable rooms. The property has gas central heating but would benefit from some improved mechanical ventilation to the bathroom and top up insulation to the loft.
Low Welfare Need
Minor and or occasional welfare risk to applicant.
Examples
Example 1
Applicant has a low-level medical condition which requires periodic trips to the hospital for check-ups and lives in a rural location with only limited public transport.
Older People’s Housing
Applicants who may otherwise be assessed as adequately housed but have a local connection to Dorset Council with a requirement for older peoples housing. Older peoples housing is often determined when the property is built. This band will be subject to certain age restrictions but not to the financial restrictions.
Older People’s Housing with no Local Connection
Households eligible for housing for older persons who are deemed to have no local connection may be considered for hard to let sheltered accommodation.
Properties can be hard to let for various reasons for example, they have age restrictions applied at planning or are in areas that have reduced amenities.
Households in this band will be able to bid for properties but their bids will only be considered after all bids from households who do meet the local connection requirements have been dealt with in the same band.
Any bids placed for properties other than housing for older persons will be considered as ineligible bids and not considered for nomination.
Supported Housing Not Ready to Move on
Applicants who are residing within a short term supported housing project, (usually available for up to a maximum of 2 years), but who are not yet assessed as ready to move on.
Other Housing Related Debt
Where an applicant(s) has any current/former rent arrears or other housing related debt such as such as:
- outstanding service
- support charges
- rent in advance or rent deposit payments.
- storage and removal costs
- housing benefit debts
- property repair
- cleaning costs
- outstanding temporary accommodation or bed and breakfast debts
- legal costs associated with debt recovery
The applicant might be accepted onto the housing register and placed in the appropriate band. This would allow applicant(s) to place bids, however; social landlords might still refuse to offer a property whilst the debt is still outstanding.
Applicants, who have such as debt, should clear the debt or make regular payment to reduce the debt.
Note:
In addition to an assessment under Part X of the Housing Act 1985 (Statutory Overcrowding), ‘Crowding and Space’ can also be assessed as part of a Housing Health and Safety Rating System (HHSRS) assessment under the Housing Act 2004.
Any Category 1 or 2 hazard identified via this assessment will be dealt with in accordance with this policy.
Housing Standards enforcement is independent to this policy and details can be found at www.dorsetcouncil.gov.uk
