JOINT OVERVIEW _ SCRUTINY COMMITTEE

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					JOINT OVERVIEW & SCRUTINY COMMITTEE
RETFORD TOWN HALL
MONDAY 7 DECEMBER 2009

ATTENDANCE:

Bassetlaw District Council:

Cllr J Holland (Chairman)
Cllr Mike Bennett, Cllr P Offer, Cllr J Ogle, Cllr Mrs A Simpson, Cllr Mrs V Wanless, Cllr G Oxby, Cllr D
Pressley, Cllr A Rhodes, Cllr I Jones and Cllr J Scott.

Newark & Sherwood District Council

Cllr K Rontree, Cllr N Allsopp, Cllr Mrs B Brooks, Cllr M Shaw, Cllr K Sheppard, Cllr Mrs I Brown and
Cllr G Merry.

CSP and Partner Agencies

D Hunter, A Muter, D Wakelin, A M Hawkins, C Kelly, A Wragg, K Cole, Cllr M Quigley, Cllr I Walker, J
Moore,
R Theakstone, G Blenkinsop, G Connor, E Brockel, S West.

APOLOGIES:

Cheryl George, Rebecca Rance (NSH), Nigel Hill (probation), Lisa Lancaster, Ian Harrison, Cllr P Jenkins,
Cllr P Bird, Cllr M Cope, Cllr D Thompson

(1)    WELCOME AND INTRODUCTIONS - Cllr Holland - welcomed O&S members from both
Bassetlaw and    Newark & Sherwood.

(2)    APOLOGIES - as above

(3)    DECLARATIONS OF INTEREST - none

(4)    SCRUTINY OF THE BASSETLAW, NEWARK AND SHERWOOD COMMUNITY SAFETY
       PARTNERSHIP -
       Gillian Blenkinsop introduced.

(5)    PRESENTATION ON NATIONAL PERSPECTIVE - Gerald Connor

Included results from the survey of the public, which indicated that over 70% of people who
responded felt either Very Safe or Safe. In addition, this had not changed in the last six months.

(6)    PRESENTATION ON PARTNERSHIP WORKING - David Hunter

(7)    PRESENTATION ON THE STRATEGIC INTELLIGENCE ASSESSMENT - Eleanor Brockel

It was noted that a legal obligation had been placed on all CDRPs/CSPs to prepare an annual Strategic
Assessment on behalf of all the responsible authorities in that area; this constituted a review of

                                                    1
current and emerging priorities and an evaluation of the risks and threats that were evident, or may
appear in the future, and would be used to review the BNSCSP Partnership Plan 2008-2011.

ANTI SOCIAL BEHAVIOUR AND CRIMINAL DAMAGE

It was recommended that:

           ‘Anti Social Behaviour and Criminal Damage’ remain a strategic priority.
           Criminal Damage continues to be monitored, due to its links with youth offending, re-
           offending and alcohol.
           Public perception of ASB as a problem be merged into an overarching ‘Public Perception,
           Satisfaction and Confidence’ strategic priority.

SERIOUS ACQUISITIVE CRIME

It was recommended that:

           ‘Serious Acquisitive Crime’ remains a strategic priority, with burglary dwelling and vehicle
           crime (theft of and from vehicles) as primary reduction targets.
           Robbery be monitored within the ‘Serious Acquisitive Crime’ strategic priority, but should
           not be a primary target.

VIOLENCE AGAINST THE PERSON

It was recommended that:

           ‘Violence Against the Person’ remains a strategic priority.
           Assault with less serious injury, remains a target.
           The Bassetlaw, Newark & Sherwood Strategic Domestic Violence Group takes on domestic
           abuse related violence against the person offences as a distinct issue that requires very
           different agency representation and initiatives.

ALCOHOL AND DRUGS

It was recommended that:

           ‘Alcohol’ be incorporated into the Violence Against the Person and Anti Social Behaviour
           Thematic Groups.
           ‘Drugs’ be incorporated into the Serious Acquisitive Crime Thematic Group.
           Public perception of alcohol or drug related ASB as a problem is merged into an
           overarching ‘Public Perception, Satisfaction and Confidence’ strategic priority.

REDUCING RE-OFFENDING

It was recommended that:

           ‘Reducing Re-offending’ remains a strategic priority.

CHILDREN AND YOUNG PEOPLE

                                                   2
It was recommended that:

           The Violence Against the Person Thematic Group tackles youth offending, re-offending,
           victimisation and alcohol within its remit.
           The Serious Acquisitive Crime Thematic Group tackles youth offending, re-offending,
           victimisation and drugs within its remit.
           The Anti Social Behaviour Thematic Group tackles youth offending, re-offending,
           victimisation and alcohol within its remit.
           Where the Thematic Groups are unable to problem solve issues relating to individuals,
           referrals be made to:
           The Newark and Sherwood Anti Social Behaviour Case Conference Group, or
           The Bassetlaw Multi Agency Problem Solving Group.

Additionally, it was agreed that:

The Partnership’s contribution towards the Bassetlaw and Newark & Sherwood Local Strategic
Partnerships’ Children and Young People Delivery Plans be improved to impact on related health and
welfare priorities, such as sexual health, teenage pregnancies and alcohol related admissions.

It was recognised that preventing young people from becoming offenders is the best option for all
parties in the long term and, as such, a strategic approach to the education of, and early intervention
with, children and young people must be implemented.

PUBLIC PERCEPTION, CONFIDENCE & SATISFACTION

It was recommended that:

           ‘Public Perception, Satisfaction and Confidence be adopted as an overarching strategic
           priority by the partnership.

(8)    QUESTION TIME - from Elected Members

TO WHAT EXTENT DO YOU FEEL THE PARTNERSHIP IS MAKING PROGRESS?

Q1     Cllr G Oxby - Congratulates the role of the partnership and supports the work being done.
       Concerned that Bassetlaw has the highest rate of alcohol related hospital admissions, and the
       3rd highest rate of Anti Social Behaviour.
       It would appear, from the report, that Bassetlaw is performing poorly - what can we do to
       reduce the figures.

As     Work is being undertaken by the Probation Service to reduce the number of re-offenders.

       GC - work is needed to make inroads into problem areas in Bassetlaw; some has been started
       and will carry on through 2010. Government Office for the East Midlands visited Bassetlaw to
       see what can be done to improve the situation. Partnership work is being organised.

       Dave W - regarding the culture of Bassetlaw - it is still seen as acceptable for many adults to
       drink heavily. It is important to try to change this culture, to set a good example for young
       people who often follow the example set by such adults.


                                                   3
     The Partnership, in conjunction with the DAAT, are taking measures around education and
     alcohol awareness to try to improve this.

     Police have been putting work into targeted patrols around the main towns in the Partnership
     area. For a long term solutions, partnership work is vital.

     CK - Alcohol related hospital admissions - around the country, alcohol related hospital
     admissions have increased. The data regarding this has not been gathered until recently.
     Parallel to this increase, is an increase in recorded Domestic Violence incidents, as more
     people become aware of this and it is more readily reported.

     Within the increase in hospital admissions relating to alcohol, these figures also show an
     increase in the number of young people being admitted.

Q2   Cllr D Pressley - asking on behalf of his constituents in Sandy Lane (North West   Worksop)
     and also relating to Manton.

     It is noticeable that the two wards covering Sandy Lane and Manton consistently show as the
     ‘worst’ areas. When setting priorities, it is important to recognise this and tackle the
     problems in these areas and bring the results back to the Scrutiny Committee.

As   AW - the Partnership is prioritising Sandy Lane, and have been working in that area for over
     a year. There is a multi agency Pilot Scheme taking place in Sandy Lane involving partnership
     agencies, such as the Police, PCT, Face it and the District Council. This involves outreach
     workers going into the community. From this, 70 young people have been contacted, who
     have no contact with such services, many of whom have specific issues related to alcohol.

     Partner agencies are working closely within the Community Safety Partnership to drive
     forward a community plan in Sandy Lane to tackle the problems.

     DW - Police are closely managing these two areas; Inspector Alan Hamilton is responsible.
     Further, to ensure closer connections with areas, two Chief Inspectors will now be responsible
     for each District area; Richard Stapleford for Bassetlaw and Glenn Harper for Newark &
     Sherwood.

     Attention is now being focussed by the Police on problem families in hotspot locations, and
     they are keen to get intelligence from communities as to who the problem families are in their
     area.

Q3   Cllr K Sheppard - commenting on the section ‘Putting the Public in the Driving Seat’ -
     expressed that most members of the public do not want to get involved, but would rather
     have someone to do it for them, explaining that people feared repercussions if they got
     involved and do not like to upset their neighbours.

As   DW - agreed. As a result, people often prefer to speak to Police representatives after
     meetings, rather than raise issues during them.

     Crimestoppers is an anonymous way of people providing intelligence to Police on their
     concerns. Additionally, further measures are being considered in respect of caring for
     vicitims.

                                                4
     GC - need to get public on our side to address concerns and problems they have:

        Crimestoppers - 0800 555 111
        Professional Witnesses
        Use of cameras

     Long term goal is to get communities on board, gain their confidence and to gain their
     support.

Q4   Cllr K Rontree - How useful is information from the Safer Neighbourhood Groups, or is it a
     hindrance?

As   Some SNGs are more effective than others, but they are an important and need to be
     developed in order to suit the needs of each area.

     Cllr Quigley - success depends a great deal on the quality of the SNG; the role of the Chair
     and the involvement of the local Beat Manager/Safer Neighbourhood Team.

     DW - in terms of understanding local priorities, SNGs represent the best opportunity to get
     involved in policing and community safety. If they are well done, and well managed, they
     should represent the best opportunity to get a clear view of local priorities and can offer the
     Police a good deal of community intelligence.

     The role of the two Chief Inspectors; Harper and Stapleford, will be to get closer to the
     neighbourhood structure.

Q5   Cllr Jones - Concentrating on the format of asking Officers from different agencies, is crime
     and punishment high on the agenda of both local and national government?

     DW – Funding is often available at short notice at the end of the financial year, with strict
     criteria on  how it can be spend. Need to know what local people want.

     DH - The Partnership needs to use intelligence to target work and resources and needs to
     concentrate more in the future on prevention.

     JT - In national terms, for the Probation Service, it seems that priorities are changed
     regularly. Although these priorities may be changed, the fundamental need to move people
     away from offending does not alter.

     In the last few years, engagement between the Probation Service and the Community Safety
     Partnership has increased, and the services are looking to target resources in conjunction with
     the Partnership.

Q6   Cllr Irene Brown - Chair of the SNG on Bridge Ward, Newark. The ward had numerous
     problems which had grown too big to tackle by that SNG alone. The issue was taken to the
     Local Action Group, where a good deal of support was given and the problem was being
     solved.

     What can be done, if one of the partners isn’t doing what they should be doing?
                                                 5
     Congratulations to the partnership on its work.

Q7   Cllr Annette Simpson - In the SIA, it identifies young people as being disproportionately likely
     to become offenders, re-offenders and victims of crime. What is the Partnership putting in
     place to tackle the statement in that respect?

     AM - on part of the question ‘What is the partnership putting in place?’

     The CSP is involved in a whole range of things for young people. Newark & Sherwood hold an
     annual event for young people which take place each year in Local Democracy Week. The
     young people spend a day attending workshops and activities, including one concentrating on
     ASB. In this workshop, the young people are encouraged to think about the impact that ASB
     has on communities. An issue also highlighted was that young people think that adults often
     categorise them wrongly, based on their own prejudices.

     It is vital that a dialogue is opened with young people, and early intervention, particularly in
     respect of        alcohol, is important for the future.

     DH - The partnership is involved in working with schools, however

     CK - it was important to remember that 78% of young people never engaged in any criminal
     activity.

     AMH - County Council were looking creatively at working with young people and reaching
     out to them.

     DW - No-one wants to see young people unnecessarily criminalised.

     In the New Year, the Partnership needs to have a multi agency workshop to look at ways of
     preventing youth crime to build on the activities that have been taking place in both Newark
     and Sherwood and Bassetlaw.

     It was important to get multi agency partnership work; to formalise primary school liaison and
     to identify and work with ‘risky’ families. These were families with parents who were
     offenders. In such a family, there was a high link between parental offending and the
     likelihood of children following this pattern; therefore, these were being referred to the Youth
     Inclusion Support Panel (YISP). A parent/parents receiving custodial sentences increased that
     likelihood yet further.

     Eleanor provided the statistics that showed the percentage of young people who were
     offenders, victims and re-offenders.

     GC - the partnership did have links with Sure Start.


     PUBLIC PERCEPTION

     Community leaders need to be aware of the fact that there is a small element or real criminal
     behaviour.

                                                  6
       AW - Young people, when asked why they drink, say it is to escape the very pressures that
       are experiencing. Problems occur, however, when young people drink alcohol they may
       engage in activities they would not normally do, which puts them at risk of offending or
       damaging themselves. There is a role within the family to guide young people. There is too
       often the view that ‘at least it’s not drugs’

       GB - raised the work by the residents of Spital Hill, which has encouraged young and older
       people to engage and work together on community projects. This kind of activity brings
       together communities and has real results.

TWO RECCOMMENDATIONS FROM THE OPENING REPORT – Agenda Item 4 ON THE SCRUTINY OF
THE BASSETLAW NEWARK AND SHERWOOD COMMUNITY SAFETY PARTNERSHIP WERE NOTED i.e.

  1)      The Joint Overview and Scrutiny Committee had considered the information and
          presentations on the work of the Bassetlaw Newark and Sherwood Community Safety
          Partnership and made representations to the Partnership as detailed in the minutes.

  2)      The Joint Overview and Scrutiny Committee had considered the priorities for 2010 and
          agreed these. Members wished it to be noted that they had particular concerns regarding
          the well-being of young people and areas where crime has been a persistent problem over
          a long period of time. Both areas required the specific, concerted attention of the
          Partnership.



NO OTHER BUSINESS

MEETING CLOSED




                                                  7
EXTERNAL RELATIONS PARTNERSHIPS                                                                                        AGENDA ITEM NO. 6
OVERVIEW & SCRUTINY COMMITTEE
24 FEBRUARY 2010
                                                             PROGRESS SCHEDULE

    Date           Agenda Item                                Action                              Officer           Current Position
  of Initial
  Meeting

9th            Cumbria’s Total Place   The Committee receive an update report in 6 months time Ged Greaves   Report to be taken to the April
September      Pilot                   on the progress of the Total Place initiative.                        2010     meeting     of    the
2009                                                                                                         Committee.

1st December Economic             That an update report be submitted to a future meeting of Mike Robinson    Agenda Item No. 9.
2009         Development Draft    the Committee.
             Governance Proposals
             For Nottinghamshire
 st
1 December Update Regarding       Update regarding East Midlands Trains.                    Councillor       Agenda Item No. 5.
2009         East Midlands Trains                                                           Blaney
                                                              INDEPTH REVIEWS
                                                             WORK PROGRAMME

 Date of           Project                        Remit                    Action         Officer(s) &       Current Position
Meeting                                                                              (Middle Managers)
04/06/08 1) External Agencies and To identify work currently being                  P. Ward              Report from the External
         Homelessness (Joint Task & undertaken by the Strategic                     J. Allen             Agencies             and
         Finish Group with Services) Housing Service, to address the                                     Homelessness Task and
                                     possible impact of the credit                                       Finish Group submitted as
                                     crunch on:                                                          Agenda Item No. 10.
                                            Housing Options/
                                            Homelessness
                                            Affordable      Housing
                                            Delivery

                                      (Review of Strategy, Policy and
                                      Statistics – identify core
                                      indicators to monitor.)

                                      To identify work currently being
                                      undertaken by Finance and IS to
                                      address the possible impact of
                                      the credit crunch on Housing
                                      Benefits.
                                      Explore      any      additional
                                      opportunities to add value to
                                      the work being undertaken
04/06/08 2) Primary Care Trust   To identify work currently being   A. Batty   An       Annual     Report
                                 undertaken by the PCT to           S. King    containing          Health
                                 address the broad health issues               priorities and the 2009
                                 of the wider community and                    Health      profile   was
                                 any partnership work that is                  submitted to the 28th
                                 taking place.                                 October 2009 meeting of
                                                                               the Committee.
                                 To identify health inequalities
                                 within the district.                          Update Report to be
                                                                               submitted to a future
                                 To identify work currently being              meeting.
                                 undertaken by LSP Healthy
                                 Alliance Group to address issues
                                 of local consultation and
                                 delivery.

                                 To look at funding schemes for
                                 local health projects

                                 Explore any additional
                                 opportunities to add value to
                                 the work being undertaken.
EXTERNAL RELATIONS & PARTNERSHIPS OVERVIEW                              AGENDA ITEM No.7
AND SCRUTINY COMMITTEE
24 FEBRUARY 2010

HOUSING REVENUE ACCOUNT PERFORMANCE REPORT TO 31st DECEMBER 2009

REPORT PRESENTED BY: AMANDA WASILEWSKI
PRINCIPAL ACCOUNTANT

Executive Summary

The report compares the actual expenditure and income within the Housing Revenue Account for
the quarter ending 31st December 2009 with the profiled budget for that period. Cabinet approved
expenditure on the Stock Options Appraisal at its meeting on 26 th February 2009 after the base
budget for 2009/10 had been approved. When taking account of income transactions due to be
received later in the financial year the net position of the HRA is broadly in line with the base
budget for 2009/10.

Recommendation

Members and officers continue to monitor the Housing Revenue Account income and
expenditure.


1.0    Background

       At the Cabinet meeting on 12th September 2005 it was agreed that quarterly overall budget
       monitoring reports would be presented to both Cabinet and Services Overview and
       Scrutiny Committees to show the Council’s overall performance against budgeted position
       at the end of June, September, December and at the end of the financial year.

       The attached Appendices give a detailed breakdown for the Housing Revenue Account for
       the period from 1st April 2009 to 31st December 2009.

2.0    Issues for consideration

       The report compares the actual expenditure and income within the Housing Revenue
       Account for the period from 1st April 2009 to 31st December 2009 with the profiled budget.

       The Housing Revenue Account is presented in a resource accounting format as required by
       statute and following the Best Value Accounting Code of Practice. This is shown at
       Appendix A with a subjective summary at Appendix B. Appendix A Line 25 is currently
       showing a deficit (budget and actual) on the HRA however this is as a result of 3 main
       transactions:

              Housing subsidy is paid to the Government over 10 months, with no payment being
              due in March,
              The full years insurance costs for the HRA are payable in April, and
              Investment income is credited to the HRA at the end of the financial year.
       Members will recall that the rent increase for 2009/10 was set in January 2009 on the basis
       of the methodology in the Housing Subsidy determination, however, as a result of the
       impact of the ‘credit crunch’ the Minister for Housing announced in February that Council’s
       could be compensated for lost income provided that they signed up for a lower rent
       increase. The actual rent reduction was implemented with effect from 1 st July after
       guidance was received from the Department of Communities and Local Government;
       therefore the variance on rent income (Appendix A, Line 1) only shows the impact of 6
       months at the lower rent. Housing Subsidy payments to date (Appendix A, Line 21) reflect
       the lower average rent income over the full year.

       Other income (Appendix A, line 5) appears under recovered as a result of number of very
       old invoices being written off against this code.

       Internal recharges for work done by the Council’s own officers on Stock Options Appraisal
       (Appendix A, line 8) will be applied at the end of the financial year. This is offset by the
       current saving in the transfer from reserves (Appendix A, line 19)

       Investment income (line 16 Appendix A) is a year-end transaction when the HRA is credited
       with interest on mortgages still held by tenants who bought their own council houses
       together with interest on average revenue balances throughout the year.

3.0    RECOMMENDATION

       Members and officers continue to monitor the Housing Revenue Account income and
       expenditure.

Background Papers

Nil.

For further information please contact Amanda Wasilewski on extension 5330


D Dickinson
Head of Finance & Asset Management
HEALTH AND HOMES PORTFOLIO                                                                                 Appendix A

HOUSING REVENUE ACCOUNT - PERFORMANCE TO 31st DECEMBER 2009

                                                                          Revised       Actual Income &    Variance
LINE SUMMARY                                               Budget         Budget          Expenditure
NO.                                                        09/10         to Dec 09         to Dec 09
                                                             £               £                  £             £

      INCOME
  1              Dwelling rents                            16,149,300     11,870,048        11,909,725          39,677
  2              Non dwelling rents                           247,020        185,265           183,464         (1,801)
  3              Charges for services                         439,000        333,054           320,407        (12,647)
  4              Supporting People Contract                    70,000         52,500            58,777           6,277
  5              Other income                                 261,460        116,278            94,413        (21,865)

  6   Sub Total - Income                                   17,166,780    12,557,145         12,566,786            9,641

      EXPENDITURE
      Management & maintenance
      S&M General:
  7            General Expenditure                             467,670       379,003           379,090              87
  8            Stock Options Appraisal                               0       122,754            87,892        (34,862)
  9            Management Fee NaSH                           7,585,450     5,689,088         5,689,089               1
 10            Debt Management Expenses                         59,830        44,873            44,873               0
 11            Dwellings Depreciation                       3,244,530      2,433,398         2,433,398               0
 12            Interest                                     2,477,720      2,567,070         2,567,070               0



 13   Sub Total - Expenditure                              13,835,200    11,236,186         11,201,412        (34,774)

 14   NET COST OF SERVICES                                 (3,331,580)    (1,320,959)       (1,365,374)       (44,415)

 15              Premiums on repaid debt                      180,290        135,218           135,218                 0
 16              Investment Income                            (45,250)             0                 0                 0

 17   NET OPERATING EXPENDITURE                            (3,196,540)    (1,185,741)       (1,230,156)       (44,415)

      APPROPRIATIONS

 18              Transfer from reserves (NSH efficiency)            0     (1,759,000)       (1,759,000)                 0
 19              Transfer from reserves (stock options)             0       (122,754)           (87,892)          34,862
 20              Repayment of NSH efficiency payment                0       1,759,000         1,759,000                 0
 21              HRA Subsidy receivable                     (460,100)       (368,080)         (368,080)                 0
 22              HRA Subsidy payable                        3,328,840       1,648,984         1,648,984                 0
 23              Contribution to superannuation               325,000         226,133           225,469             (664)
 24              Transitional Relief                            2,800           2,100              1,078          (1,022)

 25   HRA (SURPLUS)/DEFICIT FOR YEAR                                0       200,642            189,403        (11,239)



 26   WORKING BALANCE B/F                                  (2,076,254)    (3,835,254)       (3,697,295)       137,959
 27   WORKING BALANCE C/F                                  (2,076,254)    (1,752,858)       (1,661,000)        91,858
     PORTFOLIO SUMMARY BY SUBJECTIVE                                                         Appendix B

     HEALTH AND HOMES - HOUSING REVENUE ACCOUNT

                                                                 Base         Revised        Actual Income &   Variance
                                                                Budget        Budget           Expenditure
                                                                09/10        to Dec 09          to Dec 09
     CODE                          BUDGET HEAD                    £              £                   £            £




              1 Employees cost                                    339,200       226,133             225,469            (664)

              4 Supplies & Services related expenditure         7,719,720     5,938,904           5,908,276       (30,628)

              6 Housing Subsidy                                 3,328,840     1,648,984           1,648,984                0

              7 Central Recharges                                 322,000       254,040             248,874           (5,166)

              8 Capital Charges                                 5,962,370     5,180,558           5,180,558                0



                 Running Expenses- Total                       17,672,130    13,248,619          13,212,161       (36,458)



                 Income

            910 Government Grants                               (460,100)     (368,080)            (368,080)               0

            922 Contributions from other Local Authorities        (70,000)     (52,500)             (58,777)          (6,277)

            928 Recharges to Non- GF Account                       (5,070)       (3,803)             (3,911)           (108)

     932 & 933 Rents & Service Charges                        (17,033,690) (12,500,840)         (12,504,098)          (3,258)

931,935,939,938 Sales Fees & Charges + other fees & charges       (58,020)               0                0                0

        941,951 Interest+ Recharge to GF Account                  (45,250)               0                                 0

            961 Transfers to/(from) reserves                             0    (122,754)             (87,892)          34,862

                 Portfolio Total                                         0      200,642             189,403       (11,239)
EXTERNAL RELATIONS AND PARTNERSHIPS                              AGENDA ITEM NO. 8
OVERVIEW AND SCRUTINY
24TH FEBRUARY 2010

POLICING WHITE PAPER

REPORT PRESENTED BY – Lisa Lancaster Community Safety Co-ordinator

Executive Summary

In December 2009, the Home Office produced a new Policing White Paper entitled “Protecting the
Public: Supporting the Police to Succeed”. This paper builds on some of the changes from the
Policing and Crime Bill and also new arising issues around Anti-social Behaviour and counter
terrorism.

This report aims to summarise the main points within the paper and highlight to the Committee
those issues likely to affect Local Authorities and Bassetlaw, Newark and Sherwood Community
Safety Partnership (BNSCSP).

A copy of the full White Paper will be made available in the member’s room for further
information

Recommendation: That Members note this report.

1.0    Background Information

1.1    In 2009, the previous Policing Green Paper became the Policing and Crime Bill and
       was made law, which gave the police and local authorities extra powers to deal with
       low level Anti-social Behaviour (ASB), to protect vulnerable people, to improve
       policing effectiveness and to improve airport security.

1.2    The Home Office have now produced a White Paper entitled “Protecting the Public:
       Supporting the Police to Succeed”. This paper builds on some of the changes from
       the Policing and Crime Bill and also tackles new arising issues around ASB and
       counter terrorism.

1.3    The paper contains many recommendations, some which are to be implemented
       immediately and also some changes to be made over the next six months and in the
       next parliament. Although the majority of the changes are regarding policing and
       police procedure, there are some changes which will affect local authority business
       and Bassetlaw, Newark and Sherwood Community Safety Partnership (BNSCSP).

2.     Policing White Paper

2.1    The reform agenda within this paper is based on four main principles:
       o      Citizen focused – responding to the issues that matter to local people
       o      National standards - with clear levers to improve performance
       o      Empowering professionals – giving the police more freedom, in return for
              national standards and stronger accountability
      o      Value for money – doing whatever it takes to deliver maximum efficiency and
             productivity

2.2   To deliver against these four principles, the paper is broken down into six chapters,
      each containing recommendations and proposals. These are summarised below:

2.3   Clear entitlements for the public:
      This section outlines how the government will ensure that the public are at the
      centre of policing, with a clear set of public entitlements and more visible policing. It
      does recognise that tackling anti-social behaviour is not just a job for the police and
      there are recommendations for other agencies and Community Safety Partnerships.

      Impact for local authorities / BNSCSP –
             Minimum standards for dealing with anti-social behaviour should be set
             across districts by March 2010.
             Development of a national ASB case management system and
             implementation of Multi-agency Risk Assessment Meetings for ASB.
             Funding has been made available for several projects in relation to ASB such
             as ‘victims champions’ but due to low level of ASB perception in Newark and
             Sherwood, we are not likely to be eligible for these.

      Impact for the policing of our district–
             PCSO’s will be given the power to remove fireworks and graffiti implements
             but have the power of escorting abnormal loads and enforcing park trading
             removed. (Next parliament)
             Areas will be encouraged to use “Community Safety Accreditation Schemes”
             where people other than the police, such as wardens and enforcement
             officers, are given powers to deal with ASB and low level disorder (although
             specifies that this is not about replacing the police with private security
             firms).

2.4   Influencing priorities and strengthening accountability
      This section outlines how the government plans to strengthen accountability and
      ensure that policing priorities reflect the community’s needs. It also outlines
      changes to public reports to make them more flexible and readably.

      Impact for local authorities / BNSCSP –
             Crime and Disorder Overview and Scrutiny Committee regulatory frameworks
             will be updated to allow co-opting of members of the public and community
             groups on to the committee.

      Impact for the policing of our district–
             Police Authorities will now be independently audited by Her Majesty
             Inspector of Constabulary (HMIC) and the Audit Commission to assess their
             capacity and accountability.
             There will be new legislation to create a new legal status for chief executives
             of Police Authorities and produce guidance to support these roles. (next
             parliament)
             Action will be taken to increase the diversity of membership on Police
             Authorities.
             Policing summaries will be made more reader friendly and police authorities
             will have flexibility about how they are designed.

2.5   Meeting the public’s expectations and putting things right.
      This section outlines how they will simplify complaints procedures and make
      information on police performance more accessible. It also outlines how they will
      require senior officers to meet with the public more regularly to discuss issues.

      Impact for local authorities / BNSCSP –
             No direct impacts for local authority, but there will now need to be at least
             three public scrutiny meetings of the police in each division per year which
             we may be asked to support.

      Impact for policing in our district -
             Raised awareness of the National Crime Maps which allows members of the
             public to access information on their own area.
             Promotion the HMIC’s new report card on each forces’ performance
             Encouragement for ways that front line officers can ‘make things right’
             quickly and informally when things have gone wrong.
             Work with the national Police Improvement Agency and ACPO to strengthen
             training and personal skills to improve public perception and customer
             service.
             Allow the Independent Police Complaints Commission to uphold complaints
             even when there has been no individual misconduct.

2.6   Protecting the public at all levels
      This section looks at improving police effectiveness in dealing with serious organised
      crime and child protection and encouraging more work across boundaries. There
      will also be new principles for policing protests.

      Impact for local authorities / BNSCSP –
            No direct impacts for local authority

      Impact for policing in our district –
             There will be clearer principles produced for the policing of public
             demonstrations and protests.
             The Government will encourage and offer incentives for collaborative work
             across borders especially in relation to serious crime and terrorism/
             The Government will request an assessment of all police forces’ progress
             against the 2009 Protective Services objectives.

2.7   Improving efficiency and capability, and cutting bureaucracy
      This section looks at removing bureaucracy by reducing paperwork. It also looks at
      improving efficiency and value for money by encouraging forces to carry out joint
      procurement and providing business process improvements.
      Impact for local authorities / BNSCSP –
             No direct impacts for local authority.

      Impact for policing in our district –
             There will be a duty established for Police Authorities to provide a ‘ Value for
             Money’ Statement
             Paperwork involved in completing stop and search forms will be reduced.
             There will be standardisation of PCSO uniform and police patrol vehicles to be
             purchased through national procurement frameworks. (next Parliament)
             Proportionate crime recording will be adopted in 2010 – with the emphasis
             on victim focused resolutions.
             A programme of work will be developed that will result in service delivery
             savings of at least £100m in 2010, with this level rising year on year.
             Pilot schemes will be rolled out to allow charging decision to be made by the
             police not CPS on low level crime and summary only offences.
             There will be work on a national police IT infrastructure (next Parliament).

2.8   Delivering through Partnership
      This section looks at supporting Community Safety Partnerships to ensure effective
      delivery and promote good practice through the use of guidance and awards. This
      section also looks at support areas in bringing in Integrated Offender Management.

      Impact for local authorities / BNSCSP –
             The government will support Community Safety Partnership and Local
             Criminal Justice Boards to combine arrangements (this is likely to be done at
             county level in Nottinghamshire).
             There will be an expectation that there would be increased CSP involvement
             in multi-agency public protection arrangements to manage most serious
             offenders.
             The government will work to remove any existing barriers to partnership
             working.
             Further guidance will be given for information sharing and effective delivery
             in community safety partnerships
             A new ‘Tilley’ award category will be developed for Community safety
             partnerships for successfully reducing crime and disorder.

      Impact for policing in our district –
             There will be no separate impact on policing

3.    Conclusions

3.1   At this stage there seems to be no highly controversial or unexpected changes held
      within the document, which the government plans to roll out over the next 6 months
      to 1 year. Comments from the Association of Police Authorities states they have
      “expressed disappointment” that the report did not give more powers to hold police
      to account and report. However from most other organisations including ACPO, the
      Police Federation and the Police Superintendants Association, the report has been
              generally supported, especially regarding the potential procurement savings and
              setting service standards.

       3.2    The main issue for Newark and Sherwood District Council would be regarding the
              possible changes to Crime and Disorder Overview and Scrutiny Committee.
              Members would need to decide whether they would like to co-opt members of the
              public and members of community organisations onto the committee and how those
              people would be selected and how the constitution would need to be amended to
              reflect this.

       3.3    Other recommendations such as ASB minimum standards, and collaboration with
              Criminal Justice Boards, are welcomed and work is already ongoing in our area bring
              these into effect. The reducing of policing bureaucracy and joint procurement is also
              a positive step forward and should result in improved efficiency within all police
              forces.

       3.4    However, as many of the proposals in this paper are longer term and a General
              Election is due in the coming months, it is difficult to assess at this stage how much
              of this ‘white paper’ will be made into legislation.

       4.0    RECOMMENDATION

              Members note the report.

Background Papers
Policing White paper.

For further information please contact Kirsty Cole on ext 5210.

Kirstin H. Cole
Strategic Director (Customers and Resources)
EXTERNAL RELATIONS AND PARTNERSHIPS                                      AGENDA ITEM NO.9
OVERVIEW AND SCRUTINY COMMITTEE
24th FEBRUARY 2010

ECONOMIC DEVELOPMENT GOVERNANCE (Sustainable Regeneration & Development

REPORT PRESENTED BY – MIKE ROBINSON ECONOMIC DEVELOPMENT MANAGER

Executive Summary

To request members to consider proposals for the terms of reference in respect of
governance arrangements for Joint Economic Development working in Nottinghamshire and
Nottingham.

Recommendations

a)    Members consider the endorsement of the proposed Joint governance arrangements
      for Economic Development in Nottinghamshire, and
b)    Consider the request to support the core costs of the governance arrangements by
      contributing £9,000p.a from 2010/11 onwards.


1.0    Background Information

1.1    The Nottinghamshire Chief Executives’ Group has considered the recommendations
       of Mich Stevenson and John Nicholls for joint governance and delivery arrangements
       for economic development. These have previously been considered by the External
       Relations and Partnerships Overview and Scrutiny Committee when it was agreed
       that a further report on governance arrangements should be considered.

1.2    Following further discussion by the Nottinghamshire local authorities and other
       partner organisations including East Midlands Development Agency (EMDA) and the
       Housing & Communities Agency (HCA), proposals have now been circulated among
       partners for consideration for approval.

2.0    Proposals

2.1    It is proposed that the following be established with effect from April 2010:

              A Joint Leadership Board (JLB) involving key partners working together at a
              strategic level to achieve the promotion and improvement of the economic
              well-being of Nottingham and Nottinghamshire, its people and businesses. It
              is proposed that the JLB would be chaired by the Leader, Nottinghamshire
              County Council and that the Leader, Nottingham City Council, would be Vice
              Chair with the Leaders of all Nottinghamshire Councils represented.
              Core City Board (CCB) to develop economic strategy and investment
              programmes at a Core City area (Nottingham, Broxtowe, Gedling, Rushcliffe
              and Hucknall in Ashfield District), to feed into the overall vision and strategic
              priorities for the wider economic development agenda for Nottingham and
              Nottinghamshire as agreed by the JLB. It is proposed that the JLB and CCB
              would be mutually interdependent and that the Chair of the CCB would be
              the Leader of the City Council and that the Vice Chair would be the Leader of
              Nottinghamshire County Council.

              Joint Strategy Group to support the progress and success of the JLB and CCB.
              This would comprise senior policy officers from the City, County and District
              Councils and partner organisations.

2.2    The terms of reference for these governance arrangements are attached as
       Appendix 1. They have been considered by the Leaders of Nottinghamshire County
       Council and Nottingham City Council. One of the first main tasks of these
       governance arrangements will be to produce an agreed economic assessment of
       Nottingham and Nottinghamshire and associated strategies. The former is a
       statutory requirement, which comes into force on 1 April 2010, of the Local
       Democracy, Economic Development and Construction Act 2009 and a separate
       report is presented on this agenda covering this issue.

2.3    As part of the new Economic Development Partnership arrangements for the future,
       Nottinghamshire County Council is also requesting that each District Council
       contributes £9,000p.a to the core operational costs of the governance arrangements
       which have hitherto been delivered through the Interim Nottinghamshire Economic
       Development Partnership and to which Newark & Sherwood DC have contributed.
       However, there is no provision for this in the budget for 2010/11.

3.0   RECOMMENDATIONS

       (a).   Members consider the endorsement of the proposed Joint governance
              arrangements for Economic Development in Nottinghamshire, and

       (b).   Consider the request to support the core costs of the governance
              arrangements by contributing £9,000p.a from 2010/11 onwards.

Background Papers
None.

For further information please contact Mike Robinson, Economic Development Manager on
ext. 5258.

S Palframan
Strategic Director (Communities)
                                                     Appendix 1
                           DRAFT
NOTTINGHAM AND NOTTINGHAMSHIRE JOINT GOVERNANCE ARRANGEMENTS

               Proposed Terms of Reference for Governance Arrangements for

                            Joint Economic Development Working in

                                Nottingham and Nottinghamshire

                                  Joint Leadership Board

Key partners working together at a strategic level to achieve the promotion or
improvement of the economic well-being of Nottingham and Nottinghamshire, its people
and businesses

Remit:
         to develop the vision and strategic priorities for the wider economic development agenda
         for Nottingham and Nottinghamshire, and agree a plan of action for achieving this vision

         to hold, monitor and review the economic development strategy for the sub region

         to develop and agree current and new areas of joint working between the City, County
         and District Councils and all key partners on economic development

         to streamline and improve the overall efficiency of economic development activity,
         focusing on issues and services that cut across thematic, geographical and
         organisational boundaries

         to share information and best practice in the planning and delivery of services

         to strengthen linkages with existing structures and to foster relationships with those
         which are emerging, in particular:
             o between economic development and spatial agendas (eg transport, housing and
                Local Development Frameworks)
             o between economic development and employment and skills agendas (eg linking
                economic considerations such as likely growth sectors and planned economic
                development and regeneration activity to efforts to raise the skills levels of
                individuals to meet current/future needs of existing employers and to develop a
                skills base for new businesses looking to locate in the area)

         to commission and approve strategic plans for Nottingham and Nottinghamshire as
         required by national government, other agencies or as the partners deem necessary to
         provide a strategic basis for delivery of economic development services. These will
         include a Joint Economic Assessment of City and County areas which will inform the
         development of joint Economic Strategies
       to take an oversight of the planning and alignment of delivery in order to achieve more
       effective and efficient commissioning and ultimately better outcomes

       in order to deliver the above, to prioritise and approve, for recommendation to the
       accountable bodies, investment strategies for joint submission to funding bodies,
       including the joint Sub Regional Investment Plan (SRIP)

       to hold to account relevant bodies which impact on the economic well-being of
       Nottingham and Nottinghamshire

       to interface with Government, regional and sub-regional bodies and partner organisations
       to maximise benefits to Nottingham and Nottinghamshire and to respond to consultation
       documents from central government and partner organizations

In order to achieve the above, the City and County Councils as Accountable Bodies for
delegated emda funding will need to consider the advice received from the Leadership Board
alongside their respective Local Strategic Partnerships.

Relationships/Links with Other Partnership Bodies

The Joint Leadership Board will maintain effective working relationships and strong linkages with
both Local Strategic Partnerships (LSP) for Nottingham and Nottinghamshire. These are the
Nottinghamshire Partnership and ONE Nottingham, their Theme Partnerships and those
partnerships operating across Nottinghamshire on areas of mutual interdependence. This will
include supporting the delivery of the Sustainable Community Strategies and Local Area
Agreements, together with Local Development Frameworks, Local Transport Plans and Homes
and Communities Agency (HCA) Single Conversations.

The LSP’s are charged with specific duties that will be of interest to the Joint Leadership Board,
such as oversight of the preparation of the Economic Assessment. The Board and respective
LSP’s will need to come to an arrangement on how matters of such detail are to be progressed
to avoid duplication and confusion amongst other partners. In broad terms, the Joint Leadership
Board will have oversight on matters of policy and strategy whilst the LSP’s will focus on
implementation and delivery (including the detailed commissioning and endorsement of
projects).

The City and County Councils as Accountable Bodies for delegated funding will consider advice
received from the Joint Leadership Board alongside their respective Local Strategic
Partnerships.

Membership

A balance needs to be struck between effectiveness and inclusivity. Members to be:-
             The Leaders of the City, County and District Councils
             A representative from emda Board
             Chair of the Nottinghamshire Employment and Skills Board
             Chair of the NRL/EDC
             Two senior members each from:-
                 o The private sector
                 o The third sector
                  o The HE and FE sector
               Senior representatives from GOEM and HCA will have observer status

Other individuals may be invited to attend all or part of any meeting at the request of the
Chair on behalf of the Board to provide advice and assistance where necessary

Membership of the Board will be reviewed annually to ensure that all interests are adequately
represented and that good practice on engagement and involvement is being followed

Members of the Board will agree to abide by the Seven Principles set out by the Committee on
Standards in Public Life when attending meetings or carrying out the business (See Annex 1)

Decision Making

The principle of decision making by the Board shall be that agreement will be reached by
consensus. No decision shall be binding unless the City and County Councils support it.

Conflicts Of Interest

There may be occasions when Board members could be torn between a course of action that is
of benefit to them or their organisation, and one that is to the benefit of the sub-region as a
whole. Therefore, in the interests of openness and transparency of decision making, members
will be asked to make a declaration of interest to be recorded in the minutes of the meeting
where there may be a conflict of interest in the matter under discussion. Any member who has a
conflict of interest in either a personal or representative capacity may, at the discretion of the
Chair, speak in the debate but may not participate in any vote.

Deputies

All members of the Board will be expected to have considerable familiarity with economic
development and related agendas, to carry the appropriate authorisation of the organisation they
are representing and to prioritise their attendance at Board Meetings.           In exceptional
circumstances where Board members are unable to attend a meeting, the attendance of a
deputy is allowable. However, to ensure consistency members should ensure that any deputies
are suitably accountable, qualified and briefed.

Quorum

Two-thirds of members (or their nominated deputies) must be present in order for the meeting to
be considered quorate.

Delegation of Powers

The Chair and the Vice Chair (sitting as a sub-committee) may have decision making powers
delegated to them by the Board.

Advisory Groups

The Board may establish appropriate Advisory Groups as needed to enable it to effectively
execute its responsibilities, and may delegate tasks to these Advisory Groups. Advisory Groups
will be required to report to the Board, and their membership and terms of reference will be
agreed by the Board.

Frequency

The Joint Leadership Board would be expected to meet no less than quarterly in the first year of
operation, to be reviewed thereafter

Chair

In the first instance, the Chair would be the Leader of Nottinghamshire County Council.
Responsibilities of the chair will involve:-
       Scheduling meetings and notifying members
       Inviting specialists to attend the meetings when required by the Board
       Guiding board meetings according to the agenda and time available
       Building consensus to the decision making process
       Ensuring that all partners have equal opportunity to express the views of their
       organisation or area of interest and that those views are given due consideration
       Facilitating change and addressing conflict
       Ensuring all discussion items end with a decision, action or definite outcome
       Reviewing/Approving draft minutes before distribution

In the absence of the Chair, the Vice-Chair will chair the meeting

Vice Chair

The vice chair will be the Leader of Nottingham City Council

Member Responsibilities
     Being empowered to represent the views of the partner they represent, and as far as
     possible being able to commit that partner
     Ensuring that the Board has a clear vision and strategic direction, and focusing on
     achieving these
     Taking an active part in proceedings, acting with integrity to ensure fairness,
     transparency and inclusivity
     Consulting within their organisation, and others where appropriate, to gain a range of
     views to inform discussion
     Reporting any decisions, actions and proposals to their organisation
     Considering impact of activity on community and environment
     Fostering business relationships with a wide range of partners

Support Arrangements

Initially, secretariat will be provided by Nottinghamshire County Council
                 Terms of Reference for Governance Arrangements for
                         Joint Economic Development Working in
                              Nottingham and Nottinghamshire
                                       Core City Board
The scale and complexity of Core City area (Nottingham, Broxtowe, Gedling, Rushcliffe
and Hucknall in Ashfield) working requires the need for a joint body to develop Economic
Strategy and Investment Programmes at the Core City area, to feed into the overall vision
and strategic priorities for the wider economic development agenda for Nottingham and
Nottinghamshire as agreed by the Joint Leadership Board. The Joint Leadership Board
and the Core City Board are mutually interdependent.

Remit

        to develop the vision and strategic priorities for economic development for Nottingham
        Core City area based on the overarching strategy and priorities agreed by the Joint
        Leadership Board

        to commission the Core City chapter of joint Economic Strategy from the Joint Strategy
        Group

        to develop and propose Core City Investment Programmes for submission to the funding
        bodies, including the joint Sub Regional Investment Plan (SRIP)

        to promote joint working between the City and County and all Partners within the Core
        City context

        to identify priorities for co-ordinated action with all key partners from the Public, Private,
        Voluntary and Community sectors

        to streamline and improve the overall efficiency of economic development activity,
        focusing on issues and services that cut across thematic and organisational boundaries

        to share information and best practice in the planning and delivery of services

        to strengthen linkages with existing structures and to foster relationships with those
        which are emerging, in particular:
            o between economic development and spatial agendas
            o between economic development and skills agendas

        to hold to account relevant bodies which impact on the economic well-being of the Core
        City area

        to agree commissioning arrangements for the delivery of agreed activities and
        interventions and ensuing accountability against what has been commissioned
       to monitor and review progress against the priorities agreed

Relationships/Links with Other Partnership Bodies

The Core City Board will maintain effective working relationships and strong linkages with One
Nottingham (Nottingham’s Local Strategic Partnership), its Theme Partnerships and those
partnerships operating across Greater Nottingham eg: Greater Nottingham Transport
Partnership, Joint Planning Advisory Board, on areas of mutual interdependence. This will
include supporting the delivery of Nottingham’s Sustainable Community Strategy, Local Area
Agreement, Local Development Framework, Local Transport Plan and in relation to the HCA
Single Conversation.

Membership

               The Leaders of Nottingham City, Nottinghamshire County and Broxtowe, Gedling,
               Rushcliffe and Ashfield District Councils
               Senior Executive Team representative from emda
               Private sector chairs of the Nottinghamshire Employment and Skills Board and
               NRL/EDC
               1 member from the Third Sector
               1 HE and 1 FE senior representative
               Chair, Working Nottingham Partnership
               Senior representatives from GOEM and HCA will have observer status
               Other individuals may be invited to attend all or part of any meeting at the request
               of the Chair on behalf of the Board to provide advice and assistance where
               necessary
               Membership of the Board will be reviewed annually to ensure that all interests are
               adequately represented and that good practice on engagement and involvement
               is being followed

Members of the Board will agree to abide by the Seven Principles set out by the Committee on
Standards in Public Life when attending meetings or carrying out the business (See Annex 1)

Decision Making

The principle of decision making by the Board shall be that agreement will be reached by
consensus. No decision shall be binding unless the City and County Councils support it.

Conflicts Of Interest

There may be occasions when Board members could be torn between a course of action that is
of benefit to them or their organisation, and one that is to the benefit of the core city area as a
whole. Therefore, in the interests of openness and transparency of decision making, members
will be asked to make a declaration of interest to be recorded in the minutes of the meeting
where there may be a conflict of interest in the matter under discussion. Any member who has a
conflict of interest in either a personal or representative capacity may, at the discretion of the
Chair, speak in the debate but may not participate in any vote.
Deputies

All members of the Board will be expected to have considerable familiarity with economic
development and related agendas, to carry the appropriate authorisation of the organisation they
are representing and to prioritise their attendance at Board Meetings.           In exceptional
circumstances where Board members are unable to attend a meeting, the attendance of a
deputy is allowable. However, to ensure consistency members should ensure that any deputies
are suitably accountable, qualified and briefed.

Quorum

Two-thirds of members (or their nominated deputies) must be present in order for the meeting to
be considered quorate.

Delegation of Powers

The Chair and the Vice Chair (sitting as a sub-committee) may have decision making powers
delegated to them by the Board.

Advisory Groups

The Board may establish appropriate Advisory Groups as needed to enable it to effectively
execute its responsibilities, and may delegate tasks to these Advisory Groups. Advisory Groups
will be required to report to the Board, and their membership and terms of reference will be
agreed by the Board.

Frequency

The Joint Core City Board would be expected to meet at least quarterly in the first year of
operation, to be reviewed thereafter

Chair

In the first instance, the Chair would be the Leader of Nottingham City Council. Responsibilities
of the chair will involve:-
         Scheduling meetings and notifying members
         Inviting specialists to attend the meetings when required by the Board
         Guiding board meetings according to the agenda and time available
         Building consensus to the decision making process
         Ensuring that all partners have equal opportunity to express the views of their
         organisation or area of interest and that those views are given due consideration
         Facilitating change and addressing conflict
         Ensuring all discussion items end with a decision, action or definite outcome, and
         Reviewing/Approving draft minutes before distribution

In the absence of the Chair, the Vice-Chair will chair the meeting

Vice Chair

The Vice Chair will be the Leader of Nottinghamshire County Council.
Member Responsibilities

       Being empowered to represent the views of the partner they represent, and as far as
       possible being able to commit that partner
       Ensuring that the Board has a clear vision and strategic direction, and focusing on
       achieving these
       Taking an active part in proceedings, acting with integrity to ensure fairness,
       transparency and inclusivity
       Consulting within their organisation, and others where appropriate, to gain a range of
       views to inform discussion
       Reporting any decisions, actions and proposals to their organisation
       Considering impact of activity on community and environment
       Fostering business relationships with a wide range of partners

Support Arrangements
Initially, secretariat will be provided by Nottingham City Council
                    Terms of Reference for Governance Arrangements for
                           Joint Economic Development Working in
                               Nottingham and Nottinghamshire


                                   Joint Strategy Group
The Joint Strategy Group will support the progress and success of the Joint Leadership
Board and the Core City Board

Remit

        to prepare and keep under review the Joint Economic Assessment

        to prepare and keep under review the Joint Economic Strategy, including employment
        and skills issues and alignment with spatial stategies

        to prepare and keep under review a range of investment plans, including the joint Sub
        Regional Investment Plan (SRIP), ensuring alignment with employment, skills and spatial
        agendas

        to ensure that plans and strategies are evidence based and informed by robust analysis

        to monitor and review progress against the priorities agreed and ensure delivery
        arrangements are in place

        to receive and take account of project progress reports

        to “scan the horizon” and interpret strategic issues and national policy to ensure that the
        Joint Leadership Board and the Joint Core City Board are in a position to anticipate and
        address opportunities and challenges

        to explore new ways of working and to streamline and improve delivery services and to
        achieve efficiencies

        to share information and best practice in the planning and delivery of services

        to undertake such other duties as may be agreed from time to time

   Membership

        Senior Policy Officers from City, County and District Councils
        Experienced officer/member from private sector bodies
        Experienced officers from the HE/FE sector
        Experienced officer from the third sector
        Experienced officer from the NRL/EDC
        Experienced officers from other public sector bodies, as appropriate
        Experienced senior officer from emda
Members of the Group will agree to abide by the Seven Principles set out by the Committee on
Standards in Public Life when attending meetings or carrying out the business (See Annex 1)

Conflicts Of Interest

There may be occasions when members of the Group could be torn between a course of action
that is of benefit to them or their organisation, and one that is to the benefit of the sub-region as
a whole. Therefore, in the interests of openness and transparency of decision making, members
will be asked to make a declaration of interest to be recorded in the minutes of the meeting
where there may be a conflict of interest in the matter under discussion. Any member who has a
conflict of interest in either a personal or representative capacity may, at the discretion of the
Chair, speak in the debate but may not participate in any vote.

Deputies

All members will be expected to have considerable familiarity with economic development and
related agendas, to carry the appropriate authorisation of the organisation they are representing
and to prioritise their attendance at Group Meetings.       In exceptional circumstances where
members are unable to attend a meeting, the attendance of a deputy is allowable. However, to
ensure consistency members should ensure that any deputies are suitably accountable,
qualified and briefed.

Frequency

The Group will meet on an “as needed” basis around a proposed schedule of quarterly meetings

Chair

This will be held by the lead officer from the City and County Councils, rotating on an annual
basis. Responsibilities of the chair will involve:-
       Scheduling meetings and notifying members
       Inviting specialists to attend the meetings when required by the Group
       Guiding meetings according to the agenda and time available
       Building consensus in the decision making process
       Ensuring that all partners have equal opportunity to express the views of their
       organisation or area of interest and that those views are given due consideration
       Facilitating change and addressing conflict
       Ensuring all discussion items end with a decision, action or definite outcome
       Reviewing/Approving draft minutes before distribution

In the absence of the Chair, the Vice-Chair will chair the meeting

Vice Chair

This will be held by the lead officer from the City and County Councils, rotating on an annual
basis.
Member Responsibilities

      Ensuring that the Group has a clear vision and strategic direction, and focusing on
      achieving these
      Taking an active part in proceedings, acting with integrity to ensure fairness and
      transparency
      Consulting within their organisation, and others where appropriate, to gain a range of
      views to inform discussion
      Reporting any decisions, actions and proposals to their organisation
      Considering impact of activity on community and environment
      Fostering business relationships with a wide range of partners

Support

Initially, meeting arrangements and papers will be coordinated by the Council/organisation
providing the Chair
                                                                                           ANNEX 1
Code of Conduct

Members of the Joint Leadership Board, Joint Core City Board and Joint Strategy Group agree
to abide by the Seven Principles set out by the Committee on Standards in Public Life when
attending meetings or carrying out business:

The Nolan Seven Principles of Public Life

The Committee on Standards in Public Life (originally the Nolan Committee) set out ‘Seven

Principles of Public Life’ which it believes should apply to all in the public service. These are:

Selflessness

Holders of public office should act solely in terms of the public interest. They should not do so in
order to gain financial or other benefits for themselves, their family or their friends.

Integrity

Holders of public office should not place themselves under any financial or other obligation to
outside individuals or organisations that might seek to influence them in the performance of their
official duties.

Objectivity

In carrying out public business, including making public appointments, awarding contracts, or
recommending individuals for rewards and benefits, holders of public office should make choices
on merit.

Accountability

Holders of public office are accountable for their decisions and actions to the public and must
submit themselves to whatever scrutiny is appropriate to their office.

Openness

Holders of public office should be as open as possible about all the decisions and actions that
they take. They should give reasons for their decisions and restrict information only when the
wider public interest clearly demands.

Honesty

Holders of public office have a duty to declare any private interests relating to their public duties
and to take steps to resolve any conflicts arising in a way that protects the public interest.

Leadership

Holders of public office should promote and support these principles by leadership and example
Number of Approaches by Quarters 2009/10                         Appendix 1

Quarter    Approaches
Q1         221
Q2         187
Q3
Q4


           Number of Approaches by Quarters 2009/10

     230          221
     220

     210

     200
                                 187
     190

     180

     170
                 Q1           Q2           Q3              Q4




Reasons for Approach
                                               Q1           Q2   Q3        Q4
Parent No Longer Willing to Accomodate         31           23
Others Person No Longer Willing to Accommodate 8            25
Loss of Tied/Rented Accommodation              7            21
Housing Advice                                 119          74


                      Main Reason for Approach 2009/10
                                                     119
           120
           100                                         74
            80
            60
                 31                                                   Q1
            40        23         25        21
            20               8         7                              Q2
             0                                                        Q3
                                                                      Q4
Number of Statutory Applications and Acceptances
                   Q1         Q2       Q3        Q4
Applications       29         28
Acceptances        26         25


                    Number of Statutory Applications and
                          Acceptances 2009/10
                   29
         29                   28
         28
         27             26
         26                                                             Applications
                                   25
                                                                        Acceptances
         25
         24
         23
                   Q1         Q2           Q3             Q4




Reasons for Application and Acceptance
                                       Q1                Q2        Q3    Q4
Parent No Longer Willing to Accomodate 7                 7
Loss of Tied/Rented Accommodation      5                 1
Violent Breakdown of Relationship      11                5
Mortgage Arrears or Repossession       0                 2


                        Main Reason for Application 2009/10
                                                11
              12
              10
                    7 7
               8
                                   5                 5
               6
               4                                                   2              Q1
                                       1
               2                                               0                  Q2
               0
                                                                                  Q3
                                                                                  Q4
Prevention of Homelessness

         Q1          21

         Q2          11

         Q3

         Q4

                          Prevention of Homelessness

         25
                21
         20

         15
                                 11
         10

          5

          0
               Q1               Q2          Q3         Q4
EXTERNAL RELATIONS & PARTNERSHIPS                                       AGENDA ITEM NO. 10
OVERVIEW SCRUTINY COMMITTEE
24TH FEBRUARY 2010

HOMELESSNESS TASK AND FINISH GROUP CONCLUDING REPORT

REPORT PRESENTED BY: ROB MAIN – STRATEGIC HOUSING MANAGER
Executive Summary

This report will provide members of the External Relations and Partnerships Overview and
Scrutiny Committee with the concluding report of the Homelessness Task and Finish Group in
accordance with its remit.

The Task and Finish Group has met on 9 occasions in relation to the growing impact of the
‘credit crunch’ and the possibility that this could lead to an increase in the number of people
who may look to the Council for support and housing assistance. This may in turn affect future
trends in homelessness and housing need in the District.

The report being presented to the External Relations and Partnerships Overview Scrutiny
Committee will provide Members with a resume of the work completed by the Task and Finish
Group and its final recommendations.

Recommendations

       a)     The Services Overview and Scrutiny Committee continue to monitor the impact
              of the credit crunch for the next 12 months via quarterly performance reports of
              the indicators established by the Task and Finish Group;

       b)     the Services Overview and Scrutiny Committee be kept informed of the progress
              made by the Maun Valley Credit Union in extending its common bond to include
              the Newark and Sherwood District;

       c)     further exploration is conducted to identify workable schemes to bring long term
              empty properties back into occupation;

       d)     a yearly update is provided to the Services Overview and Scrutiny Committee on
              the progress being made to address the activities contained within the
              Homelessness Strategy Action Plan; and

       e)     the Task and Finish Group have fulfilled their remit but be reconvened should
              the longer term impact of the ‘credit crunch’ (economic recession) result in an
              increase in the number of people looking to the District Council for support and
              housing assistance.
1.0   Background

1.1   The Homelessness Task and Finish Group was set up in response to the growing impact
      of the global “credit crunch” and the concern that this could lead to an increase in the
      number of people who may look to the Council for support and housing assistance. This
      may in turn affect future trends in homelessness and housing need in the district.

1.2   The Group consisted of Members from both this Committee and the Services Overview
      and Scrutiny Committee.

1.3   The work of the Group cut across a number service areas within the Council, along with
      a range of external partners that will be highlighted later in the report. The main
      services within the Council that were scrutinised included:

      a) Strategic Housing

         Housing Options provide housing advice to all those households who approach the
          service, assist homeless households in line with the council’s statutory duties and
          aim to prevent homelessness using a range of measures.
         Community Housing is responsible for enabling the development of new affordable
          housing in the district, land and asset management, bidding for capital resources,
          information gathering and dissemination, housing strategy and policy, including the
          monitoring of Newark and Sherwood Homes.

      b) Finance and Asset Management

         The Revenues and Benefits team, within Finance and Asset Management,
          administer and process housing and council tax benefit applications as well as
          promoting the scheme to raise awareness and encourage people to apply. Currently
          it is estimated that the amount of benefit awarded this year will be £30.6m.

1.4   Members of the Group want to express at the outset of this report the valuable work
      undertaken by officers in both Service areas to limit the impact of the ‘credit crunch’ for
      residents of the Districts, by offering a wide range of prevention measures.

2.0   Remit of the Task and Finish Group

2.1   The remit of the Task and Finish Group was discussed at the External Relations and
      Partnerships Overview and Scrutiny Committee on 22nd October 2008.

2.2   The Group was tasked with:

          ‘Identifying the work currently being undertaken by the Strategic Housing Service, to
          address the possible impact of the credit crunch on;

                 Homelessness / Housing Options
                 Affordable Housing Delivery
           Identifying the work currently being undertaken by Finance and Asset Management
           to address the possible impact of the credit crunch on Housing Benefits, and to
           explore any additional opportunities to add value to the work being undertaken.’

3.0   Key Findings of the Homelessness Task and Finish Group

3.1   The Task and Finish Group has conducted a thorough review and scrutiny of the
      arrangements in place within the Council to help prevent homelessness within the district
      and also to assist those made homeless.

3.2   The work of the Group included:

       a) Establishing a set of performance indicators to specifically monitor the impact of the
          credit crunch on homelessness and monitored the impact during the last 12 months;

       b) Conducting a best practice benchmarking exercise amongst a number of local
          authorities to identify potential areas for improvement;

       c) Receiving presentations from key organisations that offer support and services to
          the vulnerable who may be particularly affected by the credit crunch, namely;

           I. Maun Valley Credit Union (Mansfield) described the role of credit unions and the
              financial services they offer to the citizens of Mansfield. This has now resulted in
              the Cabinet, at its meeting on 9th July 2009, approving that the Maun Valley
              Credit Union can apply to extend its common bond to include the Newark and
              Sherwood area.

           II. Citizens Advice Bureau (Newark), during the presentation reference was made to
               the increase in demand for their services particularly from people suffering
               hardship for the first time as a result of the credit crunch. Discussion took place
               on the relationship(s) with credit unions and the vital role they can play to assist
               vulnerable and financially excluded people during the credit crunch.

          III. Meden Valley Making Places, they bring back into use properties, either
               individually or in a group, that have been empty for a long period of time. They
               are operating a pilot scheme, working in Mansfield and Bolsover and would
               consider extending it to Newark and Sherwood district. In the first instance they
               would look towards tackling the empty properties where owners require their
               assistance.

d)     Discussed in depth specific areas of the Homelessness Strategy Action Plan including the
       utilisation of the sanctuary scheme where someone has made an application due to the
       violent breakdown of relationship.

3.3    Through the work of the Homelessness Task and Finish Group Members have been
       provided with an overview of the function of the Housing Options team, with the
       following paragraphs highlighting the key facts.
3.4    Within the Housing Options Team there are five officers who either work with
       individuals or families who are statutory homeless or work to try and prevent
       homelessness.

3.5    The Housing Options Team has over 2009/10 experienced a rise in the number of
       approaches from people seeking advice and assistance, though these cases continue to
       have similar themes to previous years. One reason for this is because the team have
       proactively raised awareness of the Housing Options Service in various ways, for
       example through articles in the VOICE and through improvements to the web content.

3.6    It is also noted that during the economic recession the number of people presenting as
       statutory homeless has not noticeably increased during the last 12 months, nor has
       there been any significant increases in home evictions. There has however been a
       significant increase in the number of people claiming housing and council tax benefit.

3.7    The Senior Housing Options Officer is the District Council’s co-ordinator for the
       implementation of the Mortgage Rescue Scheme. In the initial stages of recession there
       were very few residents who approached the Council under this scheme. However, as
       the economic rececession continues the Housing Options team has noticed a small
       increase in those applicants who are approaching for assistance under this scheme,
       which has peaked in November. It is too early to tell if this increase in presentations is
       as a result of the recession however close monitoring will take place to analyse future
       trends.

3.8    The Homelessness Interagency Forum, which is a meeting held for all housing related
       local organisations to work on and progress the Homeless Strategy, have also been
       given presentations and guidance to highlight the various options available to anyone
       struggling to cope in their home; which has subsequently been passed to their service
       users.

3.9    The Forum has assisted the authority in strengthening its relationships with partner
       agencies. It has increased the knowledge all parties have about the day to day tasks
       each organisation carries out and has facilitated training being offered to staff. A jointly
       funded court desk has also been put in place at Newark County Court to provide advice
       and assistance to any resident of the district who is facing court proceedings.

3.10   All the options for preventing homelessness and repossessions have been well
       promoted within Newark and Sherwood. The homelessness prevention officers have
       been achieving their targets in giving the appropriate support and advice to prevent
       many household losing their homes for various reasons linked to the current economic
       recession.

3.11   Early Warning Protocols have been established between the Council and local supported
       housing schemes including Newark and Sherwood Homes. This is to ensure that
       Housing Option Prevention Officers are made aware of existing problems early, giving
       them additional time to intervene, thereby more households are prevented from
       becoming homeless. A mediation service has also just been commissioned, Housing
       Options Officers are already trained in basic mediation skills but referrals can be made
       to the specialists if a case is particularly difficult or resource intensive.

3.12   In an effort to deal with the increased number of applications made for Housing and
       Council Tax Benefit the Housing Options Team has been trained in document
       verification. This assists the Housing Benefits Officers in being able to action a claim
       smoothly without having to write out for further information, thereby, reducing the
       amount of time taken to process a claim.

3.13   The Housing Options team are also in the position of identifying anyone that may
       struggle to deal with their own affairs and ultimately fail to pay their rent directly to
       their landlord if the Housing Benefit payment has been paid to them, which could result
       in homelessness. The team have been designated as a reliable source to request
       Housing Benefits payments direct to the landlord for a sufficient amount of time which
       will allow for support or rehabilitation to be put in place or to request fast tracking of a
       claim if necessary.

3.14   A link has been established in the Council’s corporate website to give advice on all the
       possible options available to people facing repossession. The link allows viewers to
       access available options from not only the Council but also other agencies and
       organisations who can offer advice and assistance to those faced with financial
       difficulties and possible repossession. Information sheets explaining these options have
       also been compiled and included in both the staff newsletter (Whisper) and the resident
       newsletters (VOICE).

3.15   Economic Development arranged six events which recently took place throughout the
       district for people who have been made redundant due to the current climate to try and
       get them back into work. Members of the Housing Options Team delivered an advice
       desk at these events to highlight further the options and support available for those that
       have struggled due to redundancy and who are experiencing financial hardship or at risk
       of repossession. Another five events have been arranged to take place in February
       2010.

3.16   Through the use of the Homeless funding provided by Communities and Local
       Government (CLG) the Strategic Housing Service has managed to appoint a
       Homelessness Strategy and Project Officer to oversee the implementation of the
       homelessness action plan. CLG funding has also been used in training staff on welfare
       rights and benefit entitlement.

3.17   The Task and Finish Group noted that though Cabinet has previously sought to look at
       the possibility of redeveloping the Seven Hills temporary accommodation and
       surrounding site due to the current climate progress has stalled. Alternative options are
       currently being explored which include a heating and general upgrade to the units. The
       Housing Options Team does not hold a waiting list for the temporary accommodation,
       both at Seven Hills or Wellow Green, however due to the nature of homelessness
       changes occur on a daily basis.

3.18   Members of the Committee should also note that from April 2010 Supporting People
       (housing related support) funding which currently provides grants to the supported
      accommodation projects in Newark and Sherwood area will no longer be ring fenced
      and will be integrated into the area based grant. This will then be distributed through
      the structures of the Nottinghamshire County Council’s Community Strategy (Local Area
      Agreement) and could have an adverse effect on the support services provided in the
      district to those local people facing homelessness. This is something that will be
      monitored closely by the Strategic Housing Service.

4.0   Affordable Housing Delivery

4.1   The Task and Finish Group has discussed the impact of the credit crunch on affordable
      housing delivery. The majority of affordable housing has historically been achieved
      through Section 106 agreements; however delivery through Section 106 agreements has
      recently declined due to the economic recession. Some development sites have been
      mothballed, whereby, work has commenced but left unfinished and work has failed to
      commence on other sites. To combat this reduction Newark and Sherwood District
      Council along with registered social landlord partners are working on different
      approaches to ensure that affordable housing is still being made available.

4.2   The Council’s Asset Management Working Party (a Member and officer working group)
      has carried out a review of all surplus Housing Revenue Account (HRA) land to identify
      those sites with the potential for affordable housing development. This has resulted in
      the delivery of new affordable housing (33 units) in partnership with a Registered Social
      Landlord. The review of HRA land has also enabled the Council to successfully bid for
      grant from the Homes and Community Agency’s Council House Building programme
      (2009-2011) has a funding allocation to build 26 affordable rented units in four locations
      across the district, in both urban and rural settlements. The Council has also made
      another bid to the Homes and Communities Agency for an additional 26 affordable
      rented properties, predominately centred on Newark and Balderton, but also a small
      scheme in Southwell. Notification of whether this bid has been successful will be made
      by late December 2009.

4.3   Some RSL’s operating in the District are also developing sites purely for affordable
      housing.

4.4   Though the effects of the economic recession has meant that there has been a
      reduction in planning applications, which impact on the delivery of affordable housing
      (30% on qualifying sites) other initiatives have been followed, as detailed above, which
      have resulted in an increased delivery of affordable housing units.

4.5   The information below has been presented to the Task and Finish Group, detailing
      affordable housing delivery over recent years.
Delivery of Affordable Housing April 2008 to March 2009




   The affordable housing units delivered in the financial year 2008-09 includes a
    scheme of 20 houses (Rent and HomeBuy) at Barnby Road, Newark developed by
    Nottingham Community Housing Association (NCHA), 12 apartments at Edwinstowe,
    managed by East Midlands Housing Association - these were delivered with £1.4
    million of Social Housing Grant.
   Properties at Southwell (8), Farndon Road, Newark (7) and Clipstone (5) were
    delivered through Section 106 agreements and are managed by our partner RSLs
    DerwentLiving, Accent-Nene and De Montfort HA.
   Three households purchased properties at Friars Park, Edwinstowe with the help of
    a low cost equity loan through the First Time Buyers Initiative.
Delivery of Affordable Housing April to Nov 2009




During the period to date 63 units of affordable housing have been delivered across the
district.

   Included in this total is Rockings View, Blidworth developed in partnership with
    Leicester Housing (LHA-ASRA). This is a mixed development of 18 houses and
    apartments across three tenures, rent, HomeBuy and Rent-to-HomeBuy.
   We have had completion of the first properties on former council owned garage
    sites (Phase One) developed in partnership with DerwentLiving. Five sites with
    houses and bungalows for rent and Rent-to-HomeBuy have been completed; two
    sites are in Newark, two in Balderton and one in Clipstone.
   Also completed are 11 houses at Eakring Road, Bilsthorpe, these are for rent and
    HomeBuy and are managed by DerwentLiving.
   The council has worked with the Longhurst Group and Framework to secure eight
    one-bed units of supported accommodation to meet the needs of homeless single
    people in Newark.
   This was achieved with nearly £2 million (£1,922,700) of Social Housing Grant
    secured with the support of the Authority to deliver affordable housing in the
    district.

a) Anticipated Delivery of Affordable Housing December 2009 through to 2010

The following 107 units are expected to be completed:

   Wolfit Avenue, Balderton (7) the final garage scheme site developed with
    DerwentLiving.
   Meering Ave/Yorke Drive conversions of three empty Council shop premises into
    residential accommodation
   Further work with Framework and the Longhurst Group to develop four units of
    supported accommodation in Ollerton
         Round One Council House Building programme, a successful bid for funding from the
          Homes and Communities Agency (HCA) to build 26 new council dwellings in the
          district at Clipstone, Boughton, Bleasby and Balderton.
         Grange Road, Newark – 66 new affordable homes, provided by NCHA and secured
          with £3,752,250 Social Housing Grant.

4.6   Key findings in the recently completely District Wide Housing Needs Study show that the
      annual level of outstanding affordable housing need is 586 units pa, which represents
      80% of the full annual housing allocation 0f 740 units per year. There is a housing need
      across the district and recommendations are made that future new development should
      provide a mix of housing type and size to meet the needs of all households.

5.0   Empty Properties

5.1   The Task and Finish Group has considered the number of empty properties within the
      district and noted that there is no specific strategy to bring empty properties back into
      occupation, though this issue is referred to in the Private Sector Housing Renewal
      Strategy 2008 – 2013. The District Council recognise that bringing long-term empty
      homes (longer the six months empty) back into use is a sustainable way to meet housing
      demand and to alleviate the problems associated with empty properties.

5.2   To try tackle this issues the Private Sector Housing Team have implemented a works
      grant aimed specifically at bringing empty properties back into use. This grant is
      available to owners as well as potential Landlords and part of the grant requirement is
      that the Council would have allocation nominations for 12 months, which can be used as
      a further tool to alleviate homelessness. At present no owner in the District has taken
      advantage of this intiative though interest has been shown.

5.3   The Private Sector Housing Team are currently awaiting figures from the Council Tax
      section which will identify the number of properties currently empty, the address of
      each property and hopefully details on the owners of each property with their
      corresponding addresses in order that make contact with some of the owners. The
      Housing Investment Programme returns to Communities and Local Government show
      that in total there were 1209 empty properties in the area at year end April 2009.

5.4   Members of the Task and Finish recognise that there could be an opportunity for joint
      working with the Districts of Ashfield and Mansfield to tackle the issue of empty
      properties. In addition further to the presentation made by Meden Valley Making
      Places, (see paragraph 3.2 c) this is another route that could assist in bring empty
      properties back into use. Both matters are now being explored further.

6.0   Performance

6.1   The related performance data can be found at Appendix One.
7.0   Future impact of the credit crunch

7.1   The Housing Options team has been proactive in its approach to preventing
      homelessness and continues to work in partnership with a wide range of organisations
      to deliver a holistic service that addresses both housing and welfare needs.

7.2   It is a result of close collaborative working agreements between services that has largely
      impacted on the successes of homelessness prevention, not only between Strategic
      Housing and Finance but also Strategic Housing and Environmental Health.

7.3   The evidence to date shows that the economic recession at this point has not had a
      significant impact on the Service areas that provide support and housing assistance for
      the District’s residents. It should be noted that recently there has been some indication
      that this may be changing, as detailed at paragraphs 3.5, 3.6 and 3.7.

7.4   It has been noted at Task and Finish Group meetings that the ‘credit crunch’ appears to
      be affecting a different group of people than in previous recessions, who appear at this
      time to be resolving their own housing situations. Though this does not necessarily
      mean they have found a long term solution and the Housing Options team, in a small
      number of cases, are starting to deal with residents who have been using thier
      redundancy money to pay the mortgage and other bills. It is only now, 6-12 months
      after being made redundant that these people are approaching housing and
      homelessness services as their money has, or is running out and their homes are being
      threatened.

7.5   The Council should therefore be alert to the threat of future resource implications for
      both Housing Options and Revenue and Benefits Finance to deal with any surge in
      demand for their services. It is important that the Housing Options team continues to
      take up opportunities to work in partnership with relevant organisations and in order to
      meet the efficiency challenge and to work strategically with other local authorities to
      deliver a cost effective and efficient service.

7.6   The Revenues and Benefits team has received additional funding from the government
      to help manage the influx of new benefit claims and ensure that awareness of benefits is
      raised. The team to date has managed to do this despite a number of officers leaving
      the team during the past year. Should the number of new claims continue to increase
      this will place additional pressure on the team to maintain performance and ensure that
      claims are processed promptly.

8.0   Recommendation

      a) The Services Overview and Scrutiny Committee continue to monitor the impact of
         the credit crunch for the next 12 months via quarterly performance reports of the
         indicators established by the Task and Finish Group;

      b) the Services Overview and Scrutiny Committee be kept informed of the progress
         made by the Maun Valley Credit Union in extending its common bond to include the
         Newark and Sherwood District;
      c) further exploration is conducted to identify workable schemes to bring long term
         empty properties back into occupation;

      d) a yearly update is provided to the Services Overview and Scrutiny Committee on the
         progress being made to address the activities contained within the Homelessness
         Strategy Action Plan; and

      e) the Task and Finish Group have fulfilled their remit but be reconvened should the
         longer term impact of the ‘credit crunch’ (economic recession) result in an increase
         in the number of people looking to the District Council for support and housing
         assistance.

Background Papers

Nil

For further information please contact Maria Cook, Senior Housing Options Officer, on
extension 5456, Rob Main, Strategic Housing Manager, on extension 5930, Cheska Asman,
Homelessness Strategy and Projects Officer, on extension 5643 or Phil Ward, Revenue and
Benefits Manager, on extension 5347.

A Statham, Head of Housing and Environmental Services
                          Average speed of processing new claims and changes                                                                                          120
               45                                                                                                                                                     100
               40
               35                                                                                                                                                         80
Nos. of days

               30
                                                                                                                                                                          60
               25                                                                                                                           Speed of processing                                                               Exem
               20                                                                                                                           benefit claims                40                                                  prope
               15
                                                                                                                                                                          20                                                  Year t
               10
                                                                                                                                            Speed of processing
                5
                                                                                                                                            benefit changes of             0
                0
                                                                                                                                            circumstances




                                                                                                                                                                                31-Mar-08




                                                                                                                                                                                31-Mar-09
                                                                                                                                                                                 30-Jun-08

                                                                                                                                                                                 31-Oct-08




                                                                                                                                                                                 30-Jun-09
                                                                                                                                                                                31-May-09




                                                                                                                                                                                 31-Oct-09
                                                                                                                                                                                 31-Dec-07



                                                                                                                                                                                 30-Sep-08

                                                                                                                                                                                 31-Dec-08




                                                                                                                                                                                  31-Jul-09
                                                                                                                                                                                31-Aug-09
                                                                                                                                                                                 30-Sep-09
                                                                                                        31-May-09
                    30-Sep-06



                                            30-Sep-07



                                                                    30-Sep-08
                                31-Mar-07



                                                        31-Mar-08




                                                                                                                    31-Jul-09

                                                                                                                                30-Sep-09
                                                                                31-Jan-09

                                                                                            31-Mar-09



                                                                           No. benefit claimants                                                                               Nos. Of new benefit claims and changes in circum
10000                                                                                                                                                              3000
 9500                                                                                                                                                              2500
 9000                                                                                                                                                              2000
 8500                                                                                                                                                              1500
 8000                                                                                                                                       No. Exisitng benefit   1000
                                                                                                                                            claimants
 7500                                                                                                                                                               500
 7000                                                                                                                                                                 0
                06


                                        07


                                                               08


                                                                                      09
                                                                                                  09
                                                                                                              09
                            06


                                                    07


                                                                           08




                                                                                                                         09
                                                                                                                                     09




                                                                                                                                                                                 08




                                                                                                                                                                                                               09
                                                                                                                                                                                           08




                                                                                                                                                                                                                         09
                                                                                                                                                                           08




                                                                                                                                                                                                          09
                                                                                                                                                                                      08




                                                                                                                                                                                                                    09
                                                                                                                                                                                                     09
                                                                                                                                                                                                08
   EXTERNAL RELATIONS AND PARTNERSHIPS                                   AGENDA ITEM NO. 11
   OVERVIEW AND SCRUTINY COMMITTEE
   24TH FEBRUARY 2010

   NEWARK AND SHERWOOD HOMES MONITORING REPORT

   REPORT PRESENTED BY: Rob Main, Strategic Housing Manager

   Executive Summary

   This report will appraise Members of the External Relations and Partnerships Overview and
   Scrutiny Committee on the following matters relating to Newark and Sherwood Homes:

   Board Reports and Minutes.
   Annual General Meeting.
   Annual Tenants Conference.
   Performance Data

   The production of this report regarding Newark and Sherwood Homes, will assist the
   Committee in its role of monitoring that the company is fulfilling the requirements of its
   contract with the Council, ensuring the Board is operating appropriately with regard to its
   contract obligations and to consider operational performance data and specific work areas.
   In order that the Committee can recommend future actions to address any areas that
   require further scrutiny.

   Recommendations that:

(a) The Committee considers the minutes and reports of the Board of Newark and Sherwood
    Homes to ensure the Company and Board are fulfilling the requirements of the contract
    with the Council,

(b) The Committee considers the outcomes from Newark and Sherwood Homes’ Annual
    General Meeting held on 12th November 2009,

(c) The Committee considers the operational performance of Newark and Sherwood Homes
    and advise on reviewing the current performance data set being collected, and

(d) The Committee considers any areas of concern or specific work areas it may wish to
   scrutinise in further detail, for inclusion on its future work programme.



   1.0    Background

   1.1    The District Council’s Strategic Housing Service has produced this monitoring report
          for Members of the Committee to consider the contents of the Newark and
          Sherwood Homes Board papers and associated minutes, outcomes of their Annual

                                                  1
      General Meeting and current operational performance on the data set agreed by the
      Committee.

2.0   Newark and Sherwood Homes Board Meetings

2.1   A full set of paperwork for the Newark and Sherwood Homes Board Meetings held
      on the dates listed below are available in the Members Room or from the Strategic
      Housing Service:

      a) Board agenda and reports of the meeting held on 30TH July 2009. (Including the
         (ratified) minutes of the Newark and Sherwood Homes’ Board meeting held on
         30th April 2009).
      b) Board agenda and reports of the meeting held on 12 th November 2009.
         (Including the (ratified) minutes of the Newark and Sherwood Homes’ Board
         meeting held on 30th July 2009).

2.2   Members should consider the contents of these papers and the following highlights
      some of the key information discussed over the course of the above board meetings:

         Ongoing updates on the progress in meeting the Audit Commission’s re-
          inspection recommendations.
         Performance outturns for the year ending 31st March 2009.
         Equality and Diversity Performance Monitoring.
         Health and Safety Policy Review.
         Review of the Investment Programme 2009/10.

2.3   The next Newark and Sherwood Homes Board meeting is to be held on Thursday 28th
      January 2010 at 5:15 pm in the Drawing Room.

3.0   Annual General Meeting/Tenant Conference

3.1   Newark and Sherwood Homes’ fifth Annual General Meeting (AGM) was held on
      Thursday 12th November 2009 at Kelham Hall. The Tenant’s newsletter, ‘Home from
      Homes’, at Appendix A provides a useful summary of the outcomes from the AGM.

3.2   The audited financial statements for the period ending 31st March 2009 were
      accepted by Newark and Sherwood District Council at the AGM.

3.3   Newark and Sherwood Homes held their annual Tenants Conference on 7th
      November 2009 at Kelham Hall, which was attended by approximately 200 tenants
      and Members should refer to Appendix A which provides a report on the day’s
      events.




                                          2
4.0   Performance Data

4.1   The performance report attached at Appendix B has been produced from the
      Council’s corporate performance management system, Covalent. The report
      provides statistical information in a bar chart format, to show trends in performance
      up to November 2009.

4.2   Members should note that data has not been supplied on the indicators listed below
      as this information will not be available until quarter four of 2009/10.

         a) Local authority tenants’ satisfaction with landlord services. (National
            Indicator 160)
         b) Tenant satisfaction with opportunities for participation and decision making
            overall.

4.3   Newark and Sherwood Homes performance, over the range of indicators it reports
      on, for the second quarter of 2009/10 was upper quartile for 64% of indicators
      reported by HouseMark’s National ALMO Benchmarking club. (HouseMark is jointly
      owned by the Chartered Institute of Housing and the National Housing Federation,
      committed to working with the social housing sector to improve performance and
      efficiency). Of particular note are the following:

      a) They are in the upper quartile for all of the performance indicators relating to
         rent collection and arrears recovery, including being the top ALMO for the
         percentage of rent arrears of current tenants.
      b) They are the top performing ALMO (nationally) for average relet times.
         (Appendix B details the particular improved performance for this indicator).
      c) They are in the upper quartile for the percentage of Non Decent Homes.
         (Members will note that the Decent Homes Programme will end on 31st March
         2010).
      d) They are ranked as sixth nationally for the percentage of routine repairs
         completed on time.

4.4   Members will note that for the performance data covering rent arrears there
      appears to be some notable increases for October 2009. The number of tenants in
      the different arrears bands is taken at the end of the rent week following the end of
      each month. However, both Direct Debits and Supporting People payments are on
      different payment cycles (primarily monthly and four weekly). These cycles can,
      therefore, vary greatly in the extent to which they coincide, making the figures
      appearing high some months which occurred in October 2009. In reality the number
      of tenants in arrears was inflated considerably due to direct debit payers whose
      payments were due shortly after this month as reflected in the figures for November
      2009.

4.5   There have also recently been some notable increases in the number of notices
      issued. Reasons for this are due to the fact that liaison and information sharing with

                                            3
      the police continues to assist Newark and Sherwood Homes Tenancy and Estates
      team when taking enforcement action against tenants who fail to comply with their
      tenancy agreement. This has resulted in a number of warning notices being served as
      part of their tenancy enforcement process. A number of these were as a direct result
      of unacceptable behaviour during the October’s half term and ‘mischievous’ night.
      As previously reported to the Committee Newark and Sherwood Homes have
      increased the number of estate ‘Walkabouts’ across the district and the increase in
      notices issued during November 2009 were as a direct result of the ‘Walkabout’ in
      Boughton and the follow up work undertaken by Housing Officers.

4.6   The performance data set Newark and Sherwood Homes provides the Council (the
      full list is detailed below) was agreed by Members of the Committee at its meeting
      on 4th June 2008. In terms of the current data sets relevance and value to ensure the
      Committee continues to be effectively scrutinise the key operational performance of
      Newark and Sherwood Homes it is considered appropriate that Members now
      undertake a review of this and any revisions required are in place by the new
      financial year (1st April 2010).

      a) Percentage of non-decent Council homes. (National Indicator 158)
      b) Local authority tenants’ satisfaction with landlord services. (National Indicator
         160)
      c) Tenant satisfaction with opportunities for participation and decision making
         overall.
      d) The change in proportion of non-decent LA homes between 1 April 2008 and 1
         April 2009.
      e) Overall percentage of repairs completed on time.
      f) Percentage of rent collected.
      g) Average time (days) to relet Council properties.
      h) Amount of arrears as a percentage of rent debit.
      i) Number of tenants in arrears by weeks
      j) Notices issued by Tenancy services
      k) Analysis of Choice Based lettings
      l) Average time to complete non urgent repairs (days)
      m) Number of properties not had a gas service completed
      n) Percentage of tenants satisfied with gas servicing

5.0   RECOMMENDATIONS

      (a)    The Committee considers the minutes and reports of the Board of Newark
             and Sherwood Homes to ensure the Company and Board are fulfilling the
             requirements of the contract with the Council,

      (b)    The Committee considers the outcomes from Newark and Sherwood Homes’
             Annual General Meeting held on 12th November 2009,




                                            4
      (e)    The Committee considers the operational performance of Newark and
             Sherwood Homes and advise on reviewing the current performance data set
             being collected, and

      (c)    The Committee considers any areas of concern or specific work areas it may
             wish to scrutinise in further detail, for inclusion on its future work
             programme.

Background Papers
Nil.

For further information please contact Rob Main, Strategic Housing Manager, on Extension
5930.

A Statham
Head of Housing and Environmental Services




                                             5
         Appendix B

BV66a Rent collection and arrears recovery: % rents collected


Rent collected by the local authority as a proportion of rents owed on Housing Revenue Account (HRA) dwellings


-                                                    -




-


-




                                                         6
BV184b Non-decent local authority dwellings – % change


The percentage change in proportion of non-decent dwellings between the start and end of the financial year.


-                                                    -




-




-




                                                         7
BV212 Average time to re-let local authority housing


Average time taken to re-let local authority housing.


-                                                       -




Notes




Current Value             15.00                         Current Target   19.00




-


-




                                                            8
LD169 Overall percentage of repairs completed on time




-                                                       -




-


Notes




Current Value    99.25                                      Current Target   98.00




                                                   9
LD170 Amount of arrears as a percentage of rent debit




-                                                   -




Notes




Current Value            1.39                       Current Target   1.75




-


-




                                                        10
LD171 Number of tenants in arrears by weeks




-                                             -




Notes




Current Value           1,694                 Current Target




-


-




                                                  11
LD171.1 Number of tenants in arrears by 1 to 4 weeks




-                                                      -




Notes




Current Value            1,281                         Current Target




-


-




                                                           12
LD171.2 Number of tenants in arrears by 5 to 13 weeks




-                                                   -




Notes




Current Value           262                         Current Target




-


-




                                                        13
LD171.3 Number of tenants in arrears by 14 to 26 weeks




-                                                  -




Notes




Current Value           74                         Current Target




-


-




                                                         14
LD171.4 Number of tenants in arrears by 27 to 99 weeks




-                                                  -




Notes




Current Value           64                         Current Target




-


-




                                                         15
LD171.5 Number of tenants in arrears by more than 99 weeks




-                                                  -




Notes




Current Value           13                         Current Target




-


-




                                                       16
LD174 Average time to complete non-urgent repairs (days)




-                                                  -




Notes




Current Value           16.3                       Current Target




-


-




                                                       17
LD175 Number of properties not had a gas service completed




-                                                  -




Notes




Current Value           3                          Current Target




-


-




                                                       18
LD176 Percentage of tenants satisfied with gas servicing




-                                                    -




Notes




Current Value            97                          Current Target   95




-


-




                                                           19
LD204 Notices issued by Tenancy and Estates DATA ONLY


Total number of notices issued by Tenancy and Estates


-                                                   -




Notes




Current Value            14                         Current Target




-


-




                                                        20
LD204.1 Number of Red warning notices issued


Number of Red warning notices issued by Tenancy and Estates


-                                                  -




Notes




Current Value           7                          Current Target




-


-




                                                       21
LD204.2 Number of Orange warning notices issued


Number of Orange warning notices issued by Tenancy and Estates


-                                                  -




Notes




Current Value           1                          Current Target




-


-




                                                       22
LD204.3 Number of Yellow warning notices issued


Number of Yellow warning notices issued by Tenancy and Estates


-                                                  -




Notes




Current Value           3                          Current Target




-


-




                                                       23
LD204.4 Number of Introductory tenancy notices issued


Number of Introductory tenancy notices issued by Tenancy and Estates


-                                                  -




Notes




Current Value           2                          Current Target




-


-




                                                        24
LD204.5 Number of Notice to Quit notices issued


Number of Notice to Quit notices issued by Tenancy and Estates


-                                                   -




Notes




Current Value            1                          Current Target




-


-




                                                        25
LD204.6 Number of Notice Seeking Possession notices issued


Number of Notice Seeking Possession notices issued by Tenancy and Estates


-                                                   -




Notes




Current Value           0                           Current Target




-


-




                                                        26
LD205 Choice based lettings DATA ONLY


Number of Choice based lettings


-                                       -




Notes




Current Value            34             Current Target




-


-




                                            27
LD205.1 Properties to let Band 1


Number of Choice based lettings in Band 1


-                                           -




Notes




Current Value            15                 Current Target




-


-




                                                28
LD205.2 Properties to let Band 2


Number of Choice based lettings in Band 2


-                                           -




Notes




Current Value            19                 Current Target




-


-




                                                29
LD205.3 Properties to let Band 3


Number of Choice based lettings in Band 3


-                                           -




Notes




Current Value            0                  Current Target




-


-




                                                30
LD205.4 Non CBL


Number of non Choice based lettings


-                                     -




Notes




Current Value           0             Current Target




-


-




                                          31
NI 158 BV184a % non-decent council homes


To measure progress in ensuring all council homes meet the decent homes standard.


-                                                   -




Notes




Current Value           3.6%                        Current Target                  .0%




-


-




                                              32
HOMEfromHOMES                           A magazine from Newark and Sherwood Homes    Winter 2009 Issue 18




                                                                          Se asons
                                                                             eettiNnwgrs
                                                                          Grm all a e a k
                                                                           o fr            ood
                                                                                  and Sherw
                                                                                      Homes




              Many Happy Returns
Tenant Conference Report -                            IN THIS ISSUE
Your Homes, Your Future, Your Choice.                 FIFTH ANNUAL GENERAL MEETING         P2
Ginette Hughes and Karen Willis cut the 5th           OUTSTANDING CONTRIBUTION AWARDS      P3
birthday cake, as Newark and Sherwood Homes           FOCUS ON CUSTOMER ACCESS TEAM   P8 & P9
celebrate another successful year.
                                                      ROUND AND ABOUT                     P10
FOR FULL REPORT TURN TO PAGES 4 AND 5
    HOMEfromHOMES


    Annual General Meeting
                                                            The fifth Annual General Meeting of Newark
                                                            and Sherwood Homes was held on
                                                            Thursday 12th November at Kelham Hall.
                                                            Two independent Directors of the Board have
                                                            resigned from the Board. Bob Ainger and
                                                            Pamela Taylor have both been Directors since
                                                            Newark and Sherwood Homes was formed.

                                                             “Both Pam and Bob have devoted a significant amount
                                                             of time to their role as Director, and their skills,
                                                             knowledge and experience have been invaluable in
                                                             helping the Company deliver the successes it has
                                                             achieved for the tenants and communities of Newark
                         The AGM panel                       and Sherwood. On behalf of the Board, I would like to
                                                             thank them both and wish them well in the future”
                                                             Ginette Hughes, Chair
    Ginette Hughes, Chair of the Board of Newark
    and Sherwood Homes, highlighted some of the
    successes of the Company over the past year.
    This included getting a good 2* rating from the
    Audit Commission, which commended our
    Decent Homes programme, the efforts put into
    Value for Money and the involvement of tenants
    in all aspects of the services we deliver.
    In her speech, Ginette emphasised many of the                   Bob Ainger                Pamela Taylor
    improvements made through investment in our
    properties, including £470,000 spent on safety          Ken Sutton has been appointed as an
    and security work at Chatham Court which has            Independent Director to fill the vacancy created by
    significantly reduced crime and anti-social             the resignation of Pam Taylor. The other vacancy
    behaviour in and around the flats, and money            will be filled shortly.
    spent on environmental improvements including
    car parking, buggy stores and fencing.                  Elections were held for two Tenant Directors of the
    She also looked forward to the first new council        Board members. Jean Clark and Richard Tracy
    housing to be built in the District for 26 years        were both re-elected. Both Jean and Richard have
    after the successful bid for funding.                   asked us to pass on their thanks to tenants who
                                                            took the time to vote, and they are grateful for
                                                            your support.
     “At Newark and Sherwood Homes we recognise that        Acting Finance Manager, John Nicholl, presented
     working in partnership with tenants and other          the Company’s records and accounts for the year
     organisations is how we deliver excellent housing      ending 31 March 2009. Through our Value For
     services. I would like to thank all our partners for   Money work with tenants and staff, we identified
     their continued support in delivering high quality     potential efficiency gains of £847,000. These
     services to our customers.” Ginette Hughes, Chair      savings were put back into providing services for
                                                            our tenants and customers.
2
                                                                                                                 Winter 2009 Issue 18



 Outstanding Contributions
Newark and Sherwood Homes is very proud of its                     The second winner is
                                                                                               “Richard is a very caring
reputation with tenant involvement, and we recognise               Richard Tracy of Sutton
                                                                                               and understanding man
how important it is to our success. The Outstanding                on Trent, who is an active
                                                                                               who always has time to
Contribution to the Community Awards are a                         member of the Sutton on
                                                                                               listen. He works hard for
celebration of the good work carried out by tenants                Trent Tenants and
                                                                                               tenants across the
and leaseholders throughout the District. The winners              Residents Association
                                                                                               district as a member of
of this year s awards were announced at the Annual                 and also a Director of the
                                                                                               various tenant groups.”
General Meeting.                                                   Board of Newark and
                                                                   Sherwood Homes.
Each year we recognise two people who have been                    Richard s chosen charity is the Lincolnshire and
nominated by their neighbours because they give                    Nottinghamshire Air Ambulance.
their own time to improve the community in which
they live. The winners receive a glass trophy and a Ginette Hughes, Chair of Newark and Sherwood
cheque for £100 for their chosen charity.           Homes, presenting the Awards to Jim and Richard
                                                    said: “It gives me great pleasure in my first year as
                        The first of this year s    Chairman of Newark and Sherwood Homes to
 “Jim is the veteran
                        winners was Jim Fordham, have been able to present the Outstanding
Good Samaritan of
                        a tenant at Howes Court,    Contribution to the Community Awards to two such
Howes Court. Whatever
                        Newark, who was             deserving people.
Jim is asked to do he
                        nominated by a number of
does with a smile. He
                        his neighbours.             Working with communities as we do, we rely
never grumbles and is
                        Jim s chosen charity was    heavily on the tireless contribution of people like
always cheerful. Howes
                        the RSPCA, and he also      Jim and Richard helping us to achieve our vision to
Court would be a poorer
                        works as a volunteer at the “deliver excellent housing services”.
place without him”
                        RSPCA shop in Newark.




        Outstanding Contribution to the Community winners Richard Tracy (left) and Jim Fordham (right) receive their trophies
                                    from Ginette Hughes, Chair of Newark and Sherwood Homes.

                                                                                                                                        3
    HOMEfromHOMES


                             Tenant Conference Report -




     At the start of a very busy week for Newark and Sherwood Homes, the Annual Tenant
     Conference brought together tenants from all around the Newark and Sherwood District.
     Master of Ceremonies, John Clark, Secretary     chance to ask members of the Executive
     of Newark and Sherwood District Federation of   Leadership Team questions. “Your Homes”
     Tenants and Residents Association opened the    covered the work of the Tenant Inspectors, a
     Conference, followed by short speeches of       partnership between Newark and Sherwood
     welcome from Ginette Hughes, Chair of           Homes and Nottingham Community Housing
     Newark and Sherwood Homes, and Karen            Association. The Tenant Inspectors act as the
     Willis, Chair of the Newark and Sherwood        “eyes and ears”, monitoring the services
     District Federation of Tenants and Residents    offered by the two social housing
     Association. Karen had a busy day as she was    organisations. Each year there will be four
     also helping to lead the “Your Homes”           major inspections with some flexibility to cover
     workshop. There were three workshops and a      other matters that might arise from complaints,
     “Question Time” where tenants had the           feedback and surveys.


                                                                        Your Homes
                                                                        “It was very informative. I’d
                                                                        heard of the Tenant Inspectors
                                                                        but wasn’t very sure what they
                                                                        were doing. The workshop was
                                                                        very practical and the people
                                                                        leading it were very
                                                                        approachable so I didn’t feel
                                                                        awkward asking questions”
                                                                        Mrs H - Balderton


4
                                                                                                Winter 2009 Issue 18




Your Homes, Your Future, Your Choice
We were lucky to have Paul Harvard from the                 Fin McElhinney, Customer Services Director,
new regulator, the Tenant Services Authority                and Steve Feast, Business Services Director,
(TSA) with us for the Conference. Paul spoke                faced questions from the audience in a
about the changes that will be taking place                 Question Time, with John Clark in the
next year, when the TSA takes over                          “David Dimbleby” role.
responsibility for setting the standards for all
social landlords, and tenants had the chance
                                                             Question Time
to ask questions about what the changes
                                                             The forum was interesting and it was good to
could mean for them.
                                                             meet the people who manage our homes.
                                                             Mrs D - Collingham
 Your Choice
 “It looks as though a lot of things are going to be
 changing in 2010. Hopefully we will be seeing
 some improvements” Mr G - Ollerton




Newark and Sherwood District Council are                    The range of questions covered the changes
looking at the options for the future of the                to the Tenancy Agreement to be introduced
housing stock. Rob Main, Strategic Housing                  next year, the changeover to Digital Television
Manager at NSDC, led a workshop which                       and fitting new aerials and why Newark and
explained the work done on asking tenants                   Sherwood Homes collects information on
what they think and the next steps to be taken.             gender, age and disability.


 Your Future                                                 Feedback from those who attended the
 I really learnt a lot. I didn’t realise that the rent we    Conference was very good, and the day
 pay was sent to the government! Mrs C - Newark              went very smoothly.
                                                             I enjoyed all this year’s Conference
                                                             Mrs W – Collingham
                                                             The staff and volunteers have all done an
                                                             excellent job. Mr H – Balderton
                                                             I particularly enjoyed the chance to meet the
                                                             staff, and it was good to meet different people
                                                             from around the area. Mrs D - Coddington


                                                                                                                       5
    HOMEfromHOMES


     We wish you a                                 Ways you can pay
     Christmas full                                your rent
     of good cheer,                                Direct Debit

     but please                                    Many tenants already pay by direct debit and
                                                   have found this the most convenient way to
                                                   make payments. Please contact us on 0845 258

     remember to                                   5550 and we will send you an application form.


     keep your rent
                                                   Internet Payments
                                                   Online payments can be made by visiting our
                                                   website www.nshomes.co.uk – simply click

     account clear!                                “Rent Payment” on the front screen and follow
                                                   the instructions.

     If you have rent arrears you must make a      Debit Card
     payment during the ‘No Rent Due’ week         You can pay your Rent by Debit Card any time,
     21 December 2009.                             any day of the year (including Christmas Day!).
                                                   Telephone 01636 655978 and follow the
     To help clear your arrears more quickly you   automated prompts. You will need to know your
     must keep to any agreement or postponed       rent account number to use this service.
     Court Order and pay as normal.
                                                   Local Offices
     If you are having problems paying your        You can pay at any Newark and Sherwood
     rent please talk to us on 0845 258 5550,      Homes or NSDC office during normal opening
     and we will be able to offer you advice.      hours. Offices are located at Sycamore Road,
                                                   Ollerton, Eton Avenue, Newark, Buttermarket,
                                                   Newark and Kelham Hall. You can pay by cash,
                                                   cheque or Debit Card.

                                                   Post Offices
                                                   Payments can be made at any post office in the
                                                   country. You will need your rent payment card to
                                                   use this service.

                                                   Retail Outlets
                                                   Payments can be made at any retail outlet
                                                   displaying the “Paypoint” or “E-pay” sign. You
                                                   will need your rent payment card to use this
                                                   service.

                                                   By Post
                                                   Cheques should be made Newark & Sherwood
                                                   District Council and sent to Kelham Hall, Kelham,
                                                   Newark, Nottinghamshire NG23 5QX.
                                                   Please put your rent account number on the
                                                   back of your cheque.
6
                                                                                                               Winter 2009 Issue 18



                                 Changing places
A couple of awkward “workmen”, a well-intentioned “Boy Scout” and a thoughtless
“Event Organiser” made life a misery for some local residents recently – but it was
all in the interests of some excellent training on Equality and Diversity.




             Back row left-right: Terry Bailey, Mick Carman, Vicky Reynolds, Tony Straw, Karen Willis, Caroline Meek
                                       left-right: Graham Tomlinson, Kate Carter, Kizzy Carter

Three short plays were commissioned by the Equality and Diversity Continuous Improvement
Group led by Caroline Meek, Customer Access and Support Manager. They featured staff and
“volunteers” from the District Federation of Tenants and Residents Association, under the direction
of Housing Officer, Terry Bailey, and gave a serious message in a humorous way.

The Equality and Diversity Training covered disability issues, religious awareness and attitudes
towards older people. After the success of these mini-plays, Newark and Sherwood Homes are
looking at ways of making this training more widely available. Look out for the touring production
coming to a Community Centre near you soon!!


 Emergency Repairs Service                                        If you have recently had Decent Homes work
                                                                  done and you have an emergency problem
 During the Christmas and New Year holiday                        directly due to this work, you should
 periods we provide a 24 hour emergency                           telephone:
 callout service. If you have an emergency                        Connaught 0800 3897991
 repair when the office is closed you can call                    Bullocks 0800 7310326
 our emergency repairs number
 0800 561 0100. This is for emergencies only.                     These numbers should only be used if you
                                                                  have had Decent Homes work in the last year,
 An emergency includes things like a burst                        and the work is still under warranty. Anyone
 water pipe, or loss of electricity supply.                       having Decent Homes work done over the
 Please do not use this service for any repairs                   Christmas period will be given a contact
 that can wait until the office is open again.                    number by the Contractors.


                                                                                                                                      7
    HOMEfromHOMES



    Focus on... our Custom
      Whenever you call our 0845 258 5550 number, you will be speaking to one of the
      Customer Access Team. They are the first point of contact for Newark and
      Sherwood Homes. The Customer Access Team handle about 4000 calls each
      month. Monday mornings are the busiest time, but all mornings are usually busy.


      The Customer Access Team deal with a                  If you have a query that they can’t answer or
      wide range of enquiries, from making                  needs to be forwarded to someone else,
      appointments for repairs to giving advice             the Customer Access Team will be able to
      about applying for a property.                        put you through to the right person,
                                                            or take a message.

                                                            Our 0845 258 5550 telephone number is a
                                                            low cost number (about 3.5p per minute).
                                                            Check with your provider – some 0845
                                                            calls are free!

                                                            If you are ringing to book a repair please
                                                            give us as much information as possible, so
                                                            that our operatives can bring the right tools
                                                            and parts. Repairs appointments are booked
                                                            in line with our published priority target dates.
         Part of the Customer Access Team at Farrar Close   In 2010 Newark and Sherwood Homes will
                                                            be changing the computer system which
      Part of the Team are based at Kelham Hall,            we use to make appointments and keep
      including our Reception staff and the                 all our records.
      clerical team.
                                                            While we are changing over to the new
                                                            system there may be some delays in dealing
                                                            with your enquiry, but we will of course keep
                                                            those to a minimum.

                                                            If you have contacted our 0845 number, you
                                                            may have had a follow up call to ask what
                                                            you thought of our service. This gives us
                                                            valuable information about the standard of
                                                            our reception services. If you have recently
                                                            taken part in a telephone survey, thank you
                                                            for your help.
                        Kelham Hall Team



8
                                                                                  Winter 2009 Issue 18


                                                                           cust 98% of

er Access Team                                                            satis omers
                                                                       serv fied w were
                                                                           ic
                                                                       from e they r ith the
                                                                             t      e
                                                                        Acce he Cust ceived
                                                                                     o
                                                                        Octo ss Team mer
                                                                             ber 2     i
                                                                                  009. n
 We have a Continuous Improvement Group
 which involves Tenants and Residents
 Association representatives, and looks at the   Help us
                                                 to help you
 ways we can work together to improve
 access and customer care, including the
 work of the Customer Access Team.

 If you would like to get involved with this     • Please be clear why you are calling.
 Group please contact Bev Hope on                • Please have all the information that we
 01636 655536.                                     need when you ring us – your name,
                                                   address and a contact telephone number
                                                 • If you have received a letter from us and

 October 2009
                                                   want to speak to the person who wrote
                                                   to you, please have the letter handy so
                                                   that you can tell us the name of the
                                                   person you want.
                                                 • If you are ringing to report a repair, please
                                                   give us as much information as possible,
            f
       92%eocalls                                  so that our operatives can bring the right
          n                                        tools and parts.
   telepho swered
   were an 0 rings
    within 1
                                                 Christmas
                               resp We
                           all t onded
                                ex        t
                                                 opening hours
                           with t messa o
                                in 2
                                    4 ho ges
                                        urs      Newark and Sherwood Homes
                                                 offices will be closed on the
                                                 following days over the
          93% of                                 festive season:-
    complaints were
    answered within                              Christmas Day 25th December 2009
    10 days –average                             Monday 28th December 2009
      time 7.5 days
                                                 Friday 1st January 2010


                                                                                                         9
     HOMEfromHOMES


                             Round and About
      Our staff have been out and about around the District, publicising the
      good work we do with communities.
      The Supported Housing Team were at an
      Older Peoples Day in Kelham Hall to                   “Are we nearly there yet?”
      celebrate the range of services available.
      Our display concentrated on the Careline        At a recent event for groups working with
      alarm system, which is available to all older   and for gypsy and traveller groups, Newark
      or disabled people living in the Newark and     and Sherwood Homes was represented by
      Sherwood District.                              Housing Choice Officer, Sue Rockley.

                                                      The event was organised by Rural Community
                                                      Action Nottinghamshire and brought together
                                                      local agencies who work with gypsy and
                                                      traveller communities. The guest speaker was
                                                      Noelette Hanley, Manager of the Luton Irish
                                                      Forum who spoke about the history and
                                                      traditions of the travelling community and the
                                                      discrimination and social exclusion that they
                                                      can face. Other speakers covered education
                                                      and health issues for these communities.

                    Set for Spring                    A summary of the issues raised at the
                                                      conference will be available shortly. If you
      Blidworth and Clipstone will be blooming        would like to know more about the event or
      next Spring, thanks to the efforts of local     about Newark and Sherwood Homes’ services
      children who planted over 1000 daffodil         for the gypsy and traveller communities please
      bulbs during their half term break.             contact Sue on 01636 655530.




                                                         Sue Rockley with Vicky Botton, Chair of the East Notts
                                                                        Travellers Association


10
                                                                                      Winter 2009 Issue 18



Careline changes                                  Ending your Tenancy
                                                  Your tenancy agreement sets out the
Celebrating Careline                              way your tenancy should be ended.
Changeover completion                             • All tenants must give 4 weeks written notice of
                                                    termination. This four-week period must end on
                                                    a Monday before 12 noon. Where a tenant has
                                                    died or gone into permanent residential care,
                                                    their representatives should give notice.
                                                  • You must pay rent up to the end of the notice
                                                    period even if you have moved out.
                                                    If there are arrears we will take steps to recover
                                                    the debt including using a recovery agent. You
                                                    may not be allowed to move to
                                                    another council property if you have an
                                                    outstanding debt.
    The Supported Housing Team with Lee White,    • When someone has died their Housing Benefit
     Installations Manager of Tunstall Telecom.     will stop, so please contact the Newark and
                                                    Sherwood District Council Housing Benefit Team.
Work to replace the old pull cord alarm           • We will try to do an Inspection of the property
systems in our Supported Housing                    before the end of the notice period.
properties has now been completed.                  All possessions and rubbish must be removed –
The new Lifelines are proving to be much            if you don’t you may be charged.
                                                    Any unauthorised alterations to the property
better for our tenants, with some very              must be made good or you will be charged.
positive feedback from tenants and their
families. A celebration of the completion         • Tenants are responsible for the security of
of this work was held at Wellow                     the property to the end of the notice period –
                                                    if you leave early, you must tell us so that we can
Community Centre on 20th November.
                                                    secure the property if necessary.
Lee White, Installation manager from              • You should take final meter readings before
Tunstall Telecom said,                              vacating and tell your electricity and gas suppliers.
“Our job was made much easier by the
                                                  • Any alarm pendants or door entry fobs must be
way the local Supported Housing staff
                                                    returned to Newark and Sherwood Homes with
know the tenants and could make sure                all keys to the property. If you don’t hand in
we got access first time.”                          the keys on time, you may be charged for
                                                    changing the locks.
The system can now be automatically
upgraded without any work being done in             Keys can be handed in by 12 noon on the day
your homes. Chief Executive, Rebecca                of termination to one of the following offices:-
Rance, paying tribute to the way the staff
had worked to keep the service going              • The Town Hall Office, The Buttermarket,
                                                    Market Place, Newark
throughout the changeover, said,
“We now offer a fantastic cutting-edge            • Newark and Sherwood Homes,
service. This huge change has been                  Kelham Hall, Kelham.
achieved without a glitch. There are a lot        • Hawtonville Local Office,
of people who appreciate this service,              Eton Avenue, Newark.
and staff should be very proud of                 • Ollerton Local Office,
themselves for what they have achieved.”            Sycamore Road, Ollerton


                                                                                                             11
     HOMEfromHOMES


      0300 300 9999
     The New Number for Nottinghamshire Police
     Wherever you live in Nottinghamshire,                  Traditionally, thieves take advantage of
                                                            the long, dark evenings.
     there’s now only one number for
     calling your local police.                             Nicky Taylor, one of the Nottinghamshire
                                                            force’s Crime Reduction Managers, said:
     The same police staff will answer your call, and
                                                            “Long summer evenings make things difficult
     you will be directed to the right person,
                                                            for burglars. In autumn and winter, drawing
     department or police station. The only change
                                                            the curtains or closing blinds can help make
     is that you now have just one number to
                                                            a difference.
     remember, wherever you are.
     When do I use it?                                      When going out, look as though you are in.
     To report a crime that has already happened,           Use timer switches to make lights come on or
     to speak to your local police officer or for any       leave a radio playing. Using low energy light
     other enquiry, please call 0300 300 9999               bulbs is a cheap and effective way of leaving
     If a life is in danger, a crime is in progress or to   a light on without worrying about the cost.
     report a vulnerable missing person who may             Where possible also invest in security lights
     come to harm please dial 999.                          and set a burglar alarm.”



                                                             Responses flood in
                                                              Thank you to all of you who responded
                                                              to the surveys included in the last issue of
                                                              Home From Homes. The response was
                                                              excellent and the Income Management
                                                              Team have been kept busy handling the
                                                              mail. Results will be published on the
                                                              next issue.




                                                                   Dennis Fearon, Rent Recovery Officer with some
                                                                    of the hundreds of responses to the surveys.


12
                                                                                    Winter 2009 Issue 18


VALUING YOUR VIEWS                                 YOU SAID...
                                                   Why has our community centre not been

YOU SAID, WE DID....                               cleaned as regularly as it should be?
                                                   WE DID
                                                   We raised your problems with the contractors
                                                   who carry out the cleaning on our behalf.
Actions we have taken as a result                  We reminded them they must clean the
                                                   community centres in line with timescales in
of the customer feedback                           the contract and have improved our monitoring
we receive from complaints                         systems to make sure this is happening.
and suggestions:

YOU SAID...
The new door fitted by your contractors
4 months ago is faulty.                             Your Gas
WE DID
We arranged for our contractors to repair your      Service –
door so you are now satisfied. We have told
our contractors they must check the quality of      free or
the doors they use in future.
                                                    costly?
YOU SAID...
Why did a workman come to carry out my
repair on a day when I told you I would be at
work? Then, when I have rearranged the              Every property with a gas supply should
appointment with you, why did no-one turn up?       have an annual gas inspection.
                                                    This essential check could be a lifesaver,
WE DID                                              as faulty appliances could kill.
Unfortunately, there appears to have been
problems with communication between the staff       This inspection is free, and if you let our
who booked your appointment and the workmen         engineers in for the first appointment made,
doing the repair. We booked a new appointment       you will be entered in a prize draw to win
for a time that suited you and also arranged for    £200 worth of shopping vouchers.
one of our repairs co-ordinators to visit you to    But if you refuse to allow access for the
make sure the repair took place as planned.         service engineers, a free gas inspection
                                                    could finish up costing you a lot of money,
YOU SAID...                                         and eventually lead to you losing your
The rent statement you sent me was in an            tenancy.We will take legal action to gain
envelope that hadn’t been sealed. I am              access to do the gas inspection. If we have
concerned it may have been possible for             to get an injunction it will cost you at least
other people to see my personal details.            £150, and the injunction will last for the
                                                    whole length of your tenancy. This means
WE DID                                              that if you refuse to allow access again,
We apologised and explained that we use a           you could face eviction.
third-party company to send out the rent
statements. We have told them to make sure all      Save time, save money and possibly save
envelopes are double checked in future so it        your life – let the service inspectors in to
won’t happen again.                                 check your gas supply.

                                                                                                           13
     HOMEfromHOMES



      Pay Direct –
      Win £100!
      Congratulations to Mrs Jones of Thornton
      Road, Collingham who was the winner of our
      Direct Debit Prize Draw.

      Mrs Jones was presented with £100 worth of
      High Street vouchers by Charlene Fraser on
      behalf of Newark and Sherwood Homes.

      Just arrange to pay your rent by Direct Debit
      and if it is still running at the end of January
      2010, then you will automatically be entered
      into a draw along with our existing
      Direct Debit payers to win £100 worth of
      shopping vouchers!

      For more information and an application form,
      call in at one of our offices or telephone
      0845 258 5550.



     TRA Contact Numbers
      Bailey Road & Thoresby Avenue               Coddington       Rural
      Kate Carter                                 Diana Jones      Graham Tomlinson
      07813 251191                                01636 706266     01623 883083
      Bilsthorpe                                  Collingham       Sutton-on-Trent
      Marian Bradbury                             Joan Curtis      Doreen Stapleton
      01623 871329                                01636 892890     01636 821723
      Bilsthorpe Youth                            Farndon          Winthorpe Road
      Stefan Prest                                John Clark       Maureen Wilcoxson
      07876 485417                                01636 705241     01636 684655
      Blidworth                                   Lovers Lane      Federation of TRAs
      John Allen                                  John Franks      Karen Willis
      01623 407149                                01636 650871     01636 684343
      BOTRA                                       Lowdham
      Tony Straw                                  Maurice Tracey
      01636 684343                                0115 966 3539
      Clipstone
      Dorothy Harkess
      01623 636439

14
                                                                                                           Winter 2009 Issue 18




Forthcoming                                                       BOARD MEETINGS

Events
                                                                  Board Meeting
                                                                  28th January 2010 at 5.15pm
                                                                  Drawing Room, Lady Chapel, Kelham Hall
All tenants are invited to come and listen to what is
discussed - most of which affects you.
Public questions are invited prior to the Board
meeting. Please telephone Karen on 01636 655992.



Job Vacancies Contact Us
Do you want to join an organisation                               NEWARK AND SHERWOOD HOMES
that really cares about its employees                             Kelham Hall, Newark on Trent, Kelham, Notts NG23 5QX
and offers an excellent remuneration                              Tel: 0845 258 5550 (Local call rate) - Fax: (01636) 655514
                                                                  Minicom: (01636) 655651. Opening times - 8.30am -
and benefits package?                                             5.15pm Monday - Thursday 8.30am - 4.45pm Friday
We advertise our vacancies on our website
and in local papers. Alternatively you can                        HAWTONVILLE OFFICE
contact Human Resources via email:                                77c Eton Avenue, Newark on Trent, NG24 4JH
human.resources@nshomes.co.uk or by                               Tel: (01636) 655503 - Fax: (01636) 655504 - Minicom:
telephone on 01636 655447.                                        (01636) 655583. Opening times - 9.00am - 4.30pm
                                                                  Monday - Friday
Newark and Sherwood Homes welcomes
applications from all sections of the                             OLLERTON OFFICE
community irrespective of race or ethnic                          Sycamore Road, Ollerton, NG22 9PS. Tel: (01623) 860740
origin, religion or belief, sexual orientation,                   - Fax: (01623) 860729 - Minicom: (01623) 837819.
disability or gender.                                             Opening times - 9.00am - 4.30pm Monday - Friday

               REPAIRS FREEPHONE                                    EMERGENCIES OUT OF HOURS FREEPHONE

        0800 561 0010                                                       0800 561 0010
        COMMENT ON THE SERVICE YOU RECEIVE 0845 258 5550
        Our website address is: www.nshomes.co.uk - Email us at: housing@nshomes.co.uk


  If you would like this document in another language or format,
  or if you require the services of an interpreter, please contact us.
                                                                                                           (Polish)

                                                                                                           (Mandarin)

                                                                                                           (Portuguese)




                                                                          The Big Word
                                                        Signing        Translation Services   Audio Tape


                                                                                                                                  15
     HOMEfromHOMES

     De Lacy Court make-over
                                                          Inspectors
                                                          make the
                                                          grade
                                                          Service Inspectors from Newark and
                                                          Sherwood Homes and Nottingham
                                                          Community Housing Association were
     (Newark & Sherwood Homes’ Gary O’Donovan and Kevin
               Boyes, Foreman from Ian Williams)
                                                          celebrating success in their Level 2
                                                          Certificate in Housing with a graduation
     As part of our commitment to carry out               ceremony at Kelham Hall in November.
     improvements to our Community Centres
     and internal common areas, we are                    Paying tribute to their achievement, Chief Executive
     delivering a number of redecoration schemes          of Newark and Sherwood Homes, Rebecca Rance
     under the Cyclical Works Programme.                  said, “I am passionate about housing and I hope this
                                                          course has inspired you and given you the
     Some of the schemes we have worked                   confidence to build on this and encourage others
     on in this year include William Bailey               to do likewise.
     House, Newark, Kings Court, Southwell
     and De Lacy Court, Ollerton.                         I hope you will all be sitting here today full of pride –
                                                          because you have done exceptionally well and you
     Newark & Sherwood Homes employed                     should be very proud of yourselves.”
     Ian Williams Contractors to carry out the
     works at these locations. William Bailey
     House and Kings Court are now complete
     and De Lacy Court is near completion,
     3 weeks ahead of programme.

     Tenants at De Lacy Court have
     commented that they are “very happy with
     the new look of the communal areas... and
     the painters have done a great job of
     brightening up the place, they have been
     hard-working, polite and helpful”.


                                                           The successful Inspectors with NSH Housing officer, Terry Bailey and Tracy
                                                                  Adams from Nottingham Community Housing Association



16
EXTERNAL RELATIONS AND PARTNERSHIPS                             AGENDA ITEM NO. 12
OVERVIEW AND SCRUTINY COMMITTEE
24th FEBRUARY 2010

REVISION OF THE COUNCIL HOUSING TENANCY AGREEMENT

REPORT PRESENTED BY: Rob Main, Strategic Housing Manager

Executive Summary

This report will provide Members of the External Relations and Partnerships Overview &
Scrutiny Committee with background to the review of the Council housing tenancy agreement
and how the revised agreement was formulated, which is now being presented to the
Committee.

Recommendations

The Committee consider the process undertaken to review the Council housing tenancy
agreement, along with the contents of the revised agreement and provide any comments it
would like to make for Cabinets consideration.

1.0   Introduction

1.1   Newark and Sherwood Homes (NSH) operating under the management agreement,
      ensure that all tenancies are managed in line with the terms and conditions set out
      in the Councils current tenancy agreement, (at Appendix A).

1.2   Further to the Audit Commission Inspection on NSH in December 2008, one of the
      areas of improvement highlighted in their report related to the current tenancy
      agreement.

1.3   The Audit Commission stated that the tenancy agreement was over 7 years old and
      did not take account of the Anti-Social Behaviour Act 2003; concerns were also
      raised as to whether it satisfied the Office of Fair Trading “Guidance on unfair terms
      in tenancy agreements”.

1.4   Due to this and associated risks of not complying with legislation, in consultation
      with the District Council NSH were tasked with carrying out a full review of the
      current agreement. This review has now been completed and the revised tenancy
      agreement, at Appendix B, is being recommended for approval.

2.0   Formulation and Consultation

2.1   To formulate the revised tenancy agreement NSH carried out research using the
      Audit Commission Best Practice, Chartered Institute of Housing and Housing Quality
      Network to identify housing providers who were cited as having excellent tenancy
      agreements. A benchmarking exercise was also undertaken against the identified
      providers as part of the revision of the tenancy agreement.

2.2   The revision of the tenancy agreement has considered views from tenants captured
      through the following methods:

      a)   Status Survey
      b)   Federation of Tenants and Residents Association
      c)   Tenants and Residents Associations
      d)   Walkabouts
      e)   Monitoring Groups
      f)   Complaints
      g)   Anti-Social Behaviour cases
      h)   Yorke Drive residents survey
      i)   Workshop held with Tenants on 11 January 2010

2.3   From this range of consultation the following key issues were considered as part of
      the review:

      a)   Nuisance from children and young people
      b)   Noise Nuisance
      c)   Fly Tipping
      d)   Drunken or rowdy behaviour
      e)   Car Parking
      f)   Vandalism
      g)   Untidy Gardens
      h)   Anti-Social behaviour


2.4   All District Members have also been consulted on the review through the following
      actions:

      a) Letter sent to all Members on the 12th November 2009 explaining the revision
         process, enclosing a copy of the current tenancy agreement, and asking for
         issues they would like to see considered through the revision.
      b) Member drop in session on the 27th November 2009 to further discuss revisions
         to the tenancy agreement.
      c) Session held at the quarterly NSH Councillor Briefing on the 10 th December 2009
         to discuss further any issues to be considered in the review.

2.5   Those Members who responded to the above process, raised the below issues for
      consideration within the review, which on whole reflected the concerns of tenants:

      a) Untidy Gardens
      b) Inappropriate use of the Repairs Service
      c) Contents Insurance
      d)   Anti-Social Behaviour
      e)   Sub-letting
      f)   Arrestable Offences
      g)   Bonds for tenancies
      h)   Children of tenants causing anti-social behaviour


2.6   All these matters were fully considered by NSH in the drafting of the revised tenancy
      agreement and incorporated where appropriate. Direct liaison also took place with
      the Council’s Legal Service to ensure the agreement considered all the necessary
      legal aspects of such an agreement, with the key statutory requirements being taken
      into account. Consideration was particularly paid to the Housing Act 1985, Office of
      Fair Trading “Guidance on unfair terms in tenancy agreements” and Anti-Social
      Behaviour Act 2003.

2.7   The above process resulted in a final draft of the revised tenancy agreement being
      drawn up, which NSH Board approved at its meeting on Thursday 28 th January 2010
      for submission to the Council.

2.8   In the ongoing consultation with tenants a letter has now been issued to them (with
      a copy going to all Members) as part of the formal legal process to provide a
      preliminary notice of the proposed changes to their tenancy agreement.
      Accompanying the letter is a summary of the main changes, as detailed at Appendix
      C, and tenants are invited to comment on the proposals by Friday 19 th February
      2010. (Any significant matters from this process will be reported verbally at the
      Committee for consideration).

2.9   Pending Cabinet approval of the revised tenancy agreement a 28 day period Notice
      of Variation will then be sent to all tenants, along with the new tenancy agreement,
      on 1st March 2010. The tenancy agreement will then be formally implemented on 5 th
      April 2010.

3.0   Monitoring

3.1   On the implementation of the revised tenancy agreement the Strategic Housing
      Manager will monitor its progress and review its impact on the housing management
      function through the regular monthly meetings held with senior officers at NSH.

3.2   The Committee should also note that NSH have completed an Equality Impact
      Assessment for the revised tenancy agreement.
4.0    RECOMMENDATIONS that:

       The Committee consider the process undertaken to review the Council housing
       tenancy agreement, along with the contents of the revised agreement and provide
       any comments it would like to make for Cabinet consideration.

Background Papers
Nil.

For further information please contact Andy Statham (Head of Housing & Environmental
Services) on 01636 655520 or Rob Main (Strategic Housing Manager) on 01636 655930.



Steve Palframan
Strategic Director (Communities)
                                                                                     Appendix C



            Summary of the main changes to your Council Tenancy Agreement

This is a summary of the main changes that are being introduced by the new tenancy
agreement. The changes are listed under the headings used in the new agreement.

General Notes

At the beginning of the agreement there is an explanation that Newark and Sherwood
District Council are your landlord and that we, Newark and Sherwood Homes Ltd, are the
managing agents for your tenancy.

We also state that it is important that you read and understand your tenancy agreement
and give contact details if you require any assistance

A glossary of all the terms and definitions is included at the front of the new agreement

Section 2 Introductory Tenants Only

The Tenancy agreement has a specific section relating to Introductory Tenancies only

Section 3 Our rights and responsibilities – for all tenants

An explanation of the Data Protection Act 1998 is captured in this section:

The Data Protection Act 1998 gives you certain rights relating to the information we keep
about you on file. The main rights that you have (which may be limited) are to:

•      see the contents of the file;
•      have a copy of the file or parts of it if you pay a charge;
•      ask for any information that is not accurate in the file to be corrected.


In particular, the file will contain the details you have given us on your application for the
tenancy or for transferring your tenancy. We will give you these details free of charge.

Section 4 Your rights and responsibilities – for all tenants

Clarification regarding succession of tenancies:

In certain circumstances where a succession takes place, we may invite the successor to
move to another suitable property. If they refuse to move, we may apply to the court for a
possession order. These circumstances are if the property:
•      is adapted for people with disabilities and the successor does not need that type of
       property;
•      is ‘supported’, or specifically designed for elderly people and the successor is not an
       elderly person
•      is specifically designed for disabled people, and the successor is not a disabled
       person; or
•      is under occupied.


There are more details about how we may obtain possession in these circumstances in
schedule 2 of the Housing Act 1985.

Section 5 Rent

Explanation regarding rent periods, payment and monies owing:

Your tenancy is a weekly tenancy from Monday to Sunday. The weekly rent is due each
Monday and you must pay it on time. You must make sure that your payment day and
chosen payment method allows sufficient time for your payment to be credited to your rent
account by the end of the week. If your rent account is not clear at the end of every week,
you will be in arrears. Normally there are 52 Mondays in a year, and we grant four ‘no rent
due’ weeks which means that payment is due on 48 weeks. Occasionally there are 53
Mondays in a year, and on those occasions rent is due on 49 weeks. The amount of your
weekly rent is shown in Section 14 of this tenancy agreement.

If you owe money from a previous tenancy with Newark and Sherwood District Council,
details of the amount will be set out in Section 14 of this agreement. By signing this
agreement you are agreeing to repay the money you owe us.

Section 7 Using your property

Additional conditions:

You must not use (or let anybody else use) any device or equipment, or do anything (or let
anybody else do anything), which creates so much noise that it causes a nuisance or annoys
your neighbours at anytime.

In order to ensure the health and safety of our staff and agents, you must ensure that your
property is smoke free when our employees or agents attend your home by appointment

If your property is supported housing accommodation and has an alarm system and warden
service, it is a condition of your tenancy that this service is paid for. You can find details of
the charges in Section 14 of this agreement

Section 8 Repairs and the condition of your property
In certain circumstances where a tenant is making an excessive and unreasonable use of the
repairs service we may recharge the cost of this service to the tenant.

Responsive repairs are delivered through an appointment system; however where tenants
fail to keep a prearranged appointment without reasonable cause a charge of £10 will be
recharged to the tenant.

Section 10 Gardens

You must not park a vehicle, boat or caravan in your garden without our written permission,
which will not be unreasonably withheld; any permission granted may be subject to
conditions e.g. the provision of hard standing dropped kerbs etc.

Section 14 Declaration

This is where new tenants sign to confirm they accept (and agree to abide by) the terms of
the Tenancy Agreement and where an officer of Newark and Sherwood Homes signs on
behalf of Newark and Sherwood District Council.

As an existing tenant you do not have to sign the new agreement. The Housing Act 1985
allows the Council, as your landlord, to change the terms of your existing tenancy
agreement to match those in the new agreement by serving you with a ‘Notice of Variation’.

This ‘Preliminary Notice of Variation’ is the first stage in the process.
                                                                                                                         NE WA R K &
                                                                                                                         SHERWOOD
                                                                                                                         DISTRICT COUNCIL




   Please keep this document in a safe place -
          you may need it in the future

If you would like this document in another language or format, or if you require the
                    services of an interpreter, please contact us.
                                                                              (Gujarti)


                                                                              (Mandarin)


                                                                              (Portuguese)




                   Minicom        Signing       Language Line    Audio Tape




                                                                                                                        Issued by
                                                                                             Newark and Sherwood Homes Housing Management Service Providers for
                                                                                                      Newark and Sherwood District Council, Kelham Hall,
                                                                                                                 NEWARK, Notts. NG23 5QX
                                                                                                                 Telephone: (01636) 687888


                          Published by
                    Newark & Sherwood Homes

                                                                                                                                                                  NE WA R K &
                                                                                                                                                                  SHERWOOD
                                                                                                                                                                  DISTRICT COUNCIL
   About your tenancy agreement                                                                                            6.       Ending your tenancy and moving to
                                                                                                                                    another home
Signing this agreement makes you a tenant of Newark and Sherwood District Council.
Newark and Sherwood Homes will provide your Housing Management Service on behalf of the Council.
There are three types of council tenancy:                                                                            Your responsibilities
• an introductory tenancy for people who are starting their tenancy with the Council;                                6.1        When you end your tenancy you must:

• a secure tenancy for people who will normally have been a Council tenant for over a year; and                                 •   tell Newark and Sherwood Homes in writing at least four weeks before the date you intend
                                                                                                                                    to move out of your home. This four-week period must end on a Monday. Please note that
• a non secure tenancy for people who will normally have been housed on a temporary basis under the                                 you will continue to be liable for rent, even after you have left, if proper notice to end the
  Homelessness provisions of the Housing Act 1996.                                                                                  tenancy is not given;
                                                                                                                                •   return all keys to Newark and Sherwood Homes on, or before, the day you leave;
The introductory tenancy lasts for a trial period of one year. During this period, introductory tenants have fewer              •   ensure that on the date you end the tenancy, all your possessions and any refuse are cleared
legal rights and can be evicted much more quickly if they break their tenancy conditions. After one year,                           and that no animals are left in the property;
introductory tenants automatically become secure tenants, unless they are in breach of their tenancy
                                                                                                                                •   leave the property and any fixtures or fittings clean and in good order;
agreement.
                                                                                                                                •   ensure when you leave that nobody else is living in or has access to the property;
                                                                                                                                •   ensure that any money owing to the Council is paid in full.
Non secure tenants have fewer legal rights and can be evicted much more quickly if they break their tenancy
conditions.
                                                                                                                     6.2        If you do not comply with these conditions, you will have to pay for any costs to Newark and
Unless stated otherwise, the agreement applies equally to introductory, secure and non secure tenants.                          Sherwood Homes or the Council for repairing, cleaning, clearing or otherwise putting right the
                                                                                                                                property. If your failure to comply with these conditions results in the unlawful occupation of the
The tenancy agreement states your responsibilities and rights as a tenant and the councils responsibilities as                  property when you leave, you will be liable to pay the Council any rent loss and court costs
your landlord. The details are very important and you should read them carefully. Failure to comply with the                    incured in recovering vacant possession of the property.
agreement may result in you losing both your current home, and the right to occupy Council property in the
future.                                                                                                              6.3        If your home becomes unsuitable for your needs, Newark and Sherwood Homes may ask you to
                                                                                                                                move to more suitable accommodation.
The agreement is arranged in the following sections:
The Council is your landlord and will continue to set your rent and any service charges
                                                                                                                     Our responsibilities
Section          Subject                                                                  Page
                                                                                                                     6.4        Newark and Sherwood Homes are committed to ensuring the prompt re-letting of empty Council
    1.           Your rent                                                                  2                                   property.
    2.           Repairs and improvements                                                   3                        6.5        Newark and Sherwood Homes will give help and advice to tenants seeking to move to other
                                                                                                                                landlords’ properties including other Councils and Housing Associations.
    3.           Using your home                                                            5

    4.           Your community                                                             7
                                                                                                                     Your rights
    5.           Consultation                                                               9
                                                                                                                     6.6        If you die, your partner or other relatives living with you may be entitled to the tenancy. Advice
    6.           Ending your tenancy and moving to another home                             10                                  on this is available from Newark and Sherwood Homes.

                                                                                                                     6.7        If you are a secure tenant you have the right to swap your home with another tenant of the
                                                                                                                                Council or another Council or Housing Association. However, you must first get Newark and
                                                                                                                                Sherwood Homes written approval and in some circumstances permission can be refused.

                                                                                                                     6.8        If you have occupied your home for at least one year, you have the right to ask Newark and
                                                                                                                                Sherwood Homes to consider transferring you to another Council property. However, you will not
                                                                                                                                normally be allowed to transfer if you have not paid any rent owing on your current or any former
                                                                                                                                property or you have broken other conditions of your tenancy agreement.


                                                                                                    W I N N I N G
                                                                                                    DOCUMENT




 1                                                                                                                                                                                                                                    10
      5.       Consultation                                                                                            1.       Your rent

                                                                                                                 In this section the term “rent” includes any service charges or support charges payable by the tenant as
Our responsibilities                                                                                             a condition of tenancy.

5.1        Newark and Sherwood Homes will consult with tenants on behalf of the Council on major                 Newark and Sherwood Homes will collect rent, any service charges or support charges on behalf of the
           changes to our housing management services. We encourage tenants to form tenants’                     Council.
           associations and affiliate to the Newark and Sherwood Federation of Tenants’ Associations.
                                                                                                                 Your responsibilities
5.2        Tenant associations that are managed in accordance with the standards set down by Newark and
           Sherwood Homes will be formally recognised and consulted at the meetings of Area and District         1.1        You must pay your rent on time. The rent is due on the second Monday of every fortnight.
           panels.                                                                                                          Normally there are 52 Mondays in a year, and we grant four rent-free weeks which means that
                                                                                                                            payment is due on 48 weeks. Occasionally there are 53 Mondays in a year, and on these
5.3        Newark and Sherwood Homes will give help to support the Newark and Sherwood Federation of                        occasions payment is due on 49 weeks. The rent is due for payment on the second Monday of
           Tenants’ Associations.                                                                                           the fortnight. If you do not pay your rent by the end of that week, you will be in arrears.

                                                                                                                 1.2        You may be eligible for Housing Benefit to help pay your rent. Details are available from the local
Yours rights                                                                                                                offices or from the Benefit Section of the Finance and Information Systems on (01636) 687888.
                                                                                                                            If you receive Housing Benefit, it is vital you tell the Benefit Section if there is any change in your
5.4        You have the right to form a recognised tenants’ association if there is not already one in your                 circumstances.
           area.
                                                                                                                 1.3        If you are a joint tenant you are each responsible for all of the rent, including any arrears. This
5.5        You have the right to attend Area Panel meetings and public meetings of the Council’s                            applies even if the other joint tenant leaves.
           committees that consider housing matters.
                                                                                                                 1.4        Your rent may be increased from time to time, normally in April. You will be told in writing at least
                                                                                                                            four weeks before any rent change is due. The Council will continue to set your rent and any
Serving notice                                                                                                              service charges

                                                                                                                 1.5        In some properties, tenants must pay for extra services as part of their rent. If you are responsible
5.6        If you need to formally serve a notice on the Council, you should send it to the Strategic Director
                                                                                                                            for paying any service charges or support charges for your property, they will be shown on the
           (Operations), Newark and Sherwood District Council, Kelham Hall, Newark, Nottinghamshire
                                                                                                                            front of your signed copy of the agreement. Details of the services and support provided and the
           NG23 5QX.
                                                                                                                            reason why they are subject to a charge, are set-out in a leaflet available from Newark and
                                                                                                                            Sherwood Homes.
5.7        If the Council wishes to regain possession of the property, they must serve a notice on you. The
           Council may serve notice on you in such a way as it may decide. Any notice served in
                                                                                                                 1.6        If you already owe rent to the Council or other arrears as a result of a previous tenancy, you must
           accordance with section 196 of the Law of Property Act 1925 shall be considered to have been
                                                                                                                            repay these arrears as a condition of your current tenancy.
           duly served.


                                                                                                                 Our responsibilities
                                                                                                                 1.7        Newark and Sherwood Homes will provide a range of facilities to help you pay your rent, and
                                                                                                                            advise on how to claim Housing Benefit.


                                                                                                                 Your rights
                                                                                                                 1.8        If you are a secure tenant and have been a tenant of the Council or another eligible public body
                                                                                                                            for two years, you have the right to buy your home. However, this right does not apply to certain
                                                                                                                            special properties such as sheltered accommodation which is provided for people over the age
                                                                                                                            of 60. Newark and Sherwood Homes can give you advice on the meaning of “eligible public
                                                                                                                            body”. You cannot buy your home if you are in breach of a possession order. The Council will
                                                                                                                            still own your home but Newark and Sherwood Homes will manage the right to buy on the
                                                                                                                            Council’s behalf.




 9                                                                                                                                                                                                                                    2
                                                                                                                 4.7   If you are the tenant of a Council flat or maisonette, you have special responsibilities because of
      2.       Repairs and improvements                                                                                the design of your home and those of your neighbours. These are:

                                                                                                                       •   You must not place or leave objects on common corridors, walkways, balconies or in front
                                                                                                                           of fire doors.
Your responsibilities                                                                                                  •   You must not place or leave vehicles in a forecourt, service roads or parking areas adjoining
                                                                                                                           a flat complex in such a way as to obstruct the free passage of other vehicles.
                                                                                                                       •   You must not erect an outdoor wireless, television, radio aerial or satelite dish without first
2.1        You must take proper care of the property and report any faults or damage immediately to
                                                                                                                           getting written permission from Newark and Sherwood Homes.
           Newark and Sherwood Homes.
                                                                                                                       •   You must not use or store in your home bottled gas or paraffin appliances or any other
                                                                                                                           inflammable or explosive liquids or substances.
2.2        You must pay for a repair or replacement if any part of your home has been damaged by the
                                                                                                                       •   You must first get written permission from Newark and Sherwood Homes before storing
           accidental action, carelessness or neglect of yourself, your household or visitors to your home.
                                                                                                                           oxygen cylinders. These cylinders must be stored in accordance with any instructions given
           Newark and Sherwood Homes will not normally do any repairs that are to be paid for by the
                                                                                                                           by Newark and Sherwood Homes.
           tenant until you have paid, or signed an agreement to pay, for them in full.
                                                                                                                       •   You must co-operate fully with any measures installed by Newark and Sherwood Homes to
                                                                                                                           protect the security of your accommodation. This includes the closing of external doors.
2.3        You must allow access to all parts of your home by the Council and Newark and Sherwood
           Homes officers and by the main service authorities, such as Severn Trent Water, British Gas or
                                                                                                                 4.8   If you are in sheltered accommodation you must comply with any of Newark and Sherwood
           East Midlands Electricity or any other person authorised by the Council or to inspect the property,
                                                                                                                       Homes instructions about the use of the emergency call equipment.
           or do any work which the Council or Newark and Sherwood Homes thinks is necessary. You will
           get at least 24 hours notice in writing except in an emergency. All Council officers and Newark
           and Sherwood Homes staff carry official identification. Never let anyone into your home without
           checking their identification. If you are in any doubt, ring Newark and Sherwood Homes office.        Our responsibilities

2.4        You must maintain any items you have accepted from the previous tenant.                               4.9   Newark and Sherwood Homes will give you help and advice to encourage you to report anti-
                                                                                                                       social behaviour. Newark and Sherwood Homes will investigate and take appropriate action on
2.5        You are responsible for decorating the inside of your home.                                                 breaches in accordance with the strategy on anti-social behaviour.

2.6        If you wish to make any alterations or adaptations to the property it is essential for your own
           health and safety, and to ensure that you comply with legal requirements, to get written
           permission from the Newark and Sherwood Homes before doing any of the work. The work you
           propose may also require Building Regulation approval or planning permission or both.

2.7        If you are unsure whether approval is required, please ask Newark and Sherwood Homes for
           advice. The type of alterations which would require permission include the following:

           •   structural alterations within the property;
           •   alterations or improvements to electrical, heating or plumbing systems;
           •   replacement of windows, doors or fire-places;
           •   the erection of a garage, conservatory or any other similar structure onto your home, or in
               your garden;
           •   the erection of a greenhouse with a floor area greater than 6 square metres;
           •   the parking or storage of a caravan, boat or vehicle within your garden;
           •   the removal of any tree from your garden.

2.8        You must do the following minor repairs and tasks:

           •   sweeping of any chimney at least once a year;
           •   cleaning your wheeled bin;
           •   re-stringing rotary dryers or linen lines;
           •   removing grass or vegetation growing into the walls of your home;

2.9        If you consider it necessary, you can do the following tasks:

           •   repairing any wardrobe or storage cupboard (except those provided for the storing of food);
           •   replacing any locks or catches to external stores




 3                                                                                                                                                                                                                           8
                                                                                                                   2.10   In the past the Council has been able to maintain garden fences, gates and paths. Unfortunately
      4.       Your community                                                                                             since March 1997 the Council has not had enough money to repair these items, although Newark
                                                                                                                          and Sherwood Homes will clear them away if they are a danger to you or your neighbours.
                                                                                                                          Alternatively you can if you wish maintain your own fences, gates or path.

Your responsibilities
                                                                                                                   Our responsibilities
4.1        As the tenant, you are responsible for the behaviour of every child or adult living in, or visiting,
           your home. To aid understanding, this section simply uses the term “you”, but all the points also       2.11   Newark and Sherwood Homes on behalf of the Council will repair and maintain:
           apply to your household and everyone visiting or living in your home.
                                                                                                                          •   the structure and exterior of the building including the roof, chimney stack, drains, gutters,
           This section applies within your own home and garden, and also in local homes, buildings or                        walls, doors and windows:
           communal areas of your estate, village or town.                                                                •   kitchen and bathroom fixtures;
                                                                                                                          •   electrical wiring, gas and water pipes;
4.2        You must not harass nor racially harrass any other person, including officers of the Council or                •   room heating and water heating equipment.
           Newark and Sherwood Homes. Harassment includes, but is not limited to:
                                                                                                                   2.12   In flats and maisonettes, Newark and Sherwood Homes will repair all common parts including
           •   violence or threats of violence, including domestic violence and racial violence;                          halls, stairways, lifts, passageways, rubbish chutes, lighting and other amenities provided for
           •   abusive or insulting words or behaviour;                                                                   common use.
           •   damage or threats of damage to another person’s property or home;
           •   writing threatening, abusive or insulting graffiti;                                                 2.13   In deciding the standard of repair Newark and Sherwood Homes will consider the age, character,
           •   doing anything likely to interfere with the peace or comfort of any other person;                          locality and prospective life of your home.
           •   inducing or allowing any other person to do any of the above things.
                                                                                                                   2.14   Newark and Sherwood Homes will not be responsible for making good any internal decorations
4.3        You must not cause a nuisance, annoyance or disturbance to any other people. Examples of this                  affected by any repair or improvement at the premises unless damage has been caused by
           would include, but are not limited to:                                                                         accident or neglect of Newark and Sherwood Homes or our contractors.

           •   loud music;                                                                                         2.15   In special circumstances, the Council has the legal right to take possession of your home
           •   persistent arguing;                                                                                        because work needs to be done on it. In this case you will be offered alternative accommodation
           •   door slamming;                                                                                             on a permanent or temporary basis.
           •   dog barking or fouling;
           •   drunkenness;
           •   dumping rubbish;
           •   failing to control the behaviour of children;                                                       Your rights
           •   repairing vehicles;
           •   doing DIY at unreasonable hours;                                                                    2.16   You have the right to have repairs done on time. Details of the times are available from Newark
           •   trespassing.                                                                                               and Sherwood Homes and will be stated on the copy of the repair receipt sent to you when you
                                                                                                                          report a repair. If we do not complete the work by the stated time, you may be eligible for
4.4        You must not damage, deface or place graffiti on Council or Newark and Sherwood Homes                          compensation.
           property.
                                                                                                                   2.17   If you are a secure tenant, you have the right to put in your own improvement such as central
4.5        You must not make false complaints about the behaviour of any other person.                                    heating or a shower. However, you must obtain permission in writing from Newark and Sherwood
                                                                                                                          Homes before doing this work. In certain cases you may also be eligible to receive
4.6        You must not use or supply illegal drugs, commit an “arrestable offence” as defined in the Police              compensation for the improvement if you leave the property.
           and Criminal Evidence Act 1984, or use your property for any immoral purpose. Offences that
           fall within the definition of an “arrestable offence” include:

           •   offences which carry a fixed penalty( e.g. murder);
           •   offences for which a first offender of 21 or more could be sent to prison for five or more years;
           •   serious offences specified in the Police and Criminal Evidence Act as coming within this
               term.




 7                                                                                                                                                                                                                             4
      3.       Using your home                                                                                    Our responsibilities
                                                                                                                  3.15   The Council give you exclusive right of occupation of the property so long as you live in it; use it
                                                                                                                         as your only home; and comply with the conditions in this agreement and the law.
Your responsibilities                                                                                             3.16   Newark and Sherwood Homes give advice and will try to help you if, because of age or disability,
                                                                                                                         you have difficulty maintaining your home.
3.1        You must use your Council property as your main home.
                                                                                                                  3.17   Newark and Sherwood Homes encourage all tenants to take out home contents insurance.
3.2        You must first get Newark and Sherwood Homes consent in writing if you wish to use part of your               Newark and Sherwood Homes have arranged a policy with an insurance company which you
           premises or adjacent land for any form of business activity.                                                  may wish to take out. The payments can be collected with your rent. Please ask Newark and
                                                                                                                         Sherwood Homes for details.
3.3        You must keep the property in a good state of internal decoration and cleanliness and maintain
           yards, outbuildings and passageways in a clean and tidy condition.                                     3.18   If you are in sheltered accommodation, we provide an emergency alarm system so that you can
                                                                                                                         call for help in an emergency. We do not guarantee that the system will always be available, but
3.4        You must keep the garden tidy, with grass and other vegetation being kept short. Hedges must                  we will try to ensure that if it breaks down the system will be restored as quickly as possible.
           be clipped and kept to a maximum height of 1.8m (6ft) at the rear and 1.2m (4ft) at the front.

3.5        You must ensure that neither you, nor anyone living with you or visiting you, tampers with gas or
           electricity supplies; meters; smoke detectors or any warden call equipment provided by us.
                                                                                                                  Your rights

3.6        You must not have more people living in your home than the maximum permitted number stated             3.19   If you are a secure tenant you have the right to take in lodgers or to sub-let part (but not all) of
           on the front of this agreement or on your rent card.                                                          your home, provided that:

3.7        If you leave your home for more than six weeks you must tell Newark and Sherwood Homes                        a)   the total occupation is not more than the permitted number shown on the front of your
           when you expect to be back, giving the name of someone we can contact if there is a problem                        signed copy of the agreement; and
           with your home.                                                                                               b)   you have obtained written permission from Newark and Sherwood Homes.

3.8        You must ensure that neither you, nor anyone living with you or visiting you, obstructs access to             Sub-letting or taking in lodgers may affect your entitlement to Housing Benefit, so if you are
           any other property in your locality by parking vehicles inconsiderately.                                      claiming this benefit please check with the Councils Benefit Section before doing so.

3.9        If you have an introductory tenancy or non secure tenancy, you must first get Newark and
           Sherwood Homes written permission if you want someone to live with you who was not part of
           your household when you first moved in.

3.10       You are responsible for the payment of fuel, water, sewage and any other services provided to
           the property.


Domestic pets
3.11       Some of our properties are unsuitable for keeping dogs, so you must not keep a dog in these
           properties. If this applies to your property this will be indicated on the front of your signed copy
           of the agreement.

3.12       In all other properties, keeping up to two dogs and up to two cats is acceptable without Newark
           and Sherwood Homes permission provided they do not cause any nuisance, annoyance or
           disturbance to neighbours or visitors. If you wish to keep more than two dogs and two cats, you
           must first get Newark and Sherwood Homes approval in writing.

3.13       If you keep a dog, you must ensure your garden is properly fenced and kept clean.

3.14       Newark and Sherwood Homes permission is not needed for keeping small caged birds,
           hamsters, mice or similar small mammals, or fish in the property, provided they are kept safely
           and do not cause a nuisance to neighbours. You must first get Newark and Sherwood Homes
           written permission before keeping any other creature.




 5                                                                                                                                                                                                                              6
                     Tenancy Agreement
        Newark and Sherwood District Council, Kelham Hall, Newark, Notts. NG23 5QX Tel: (01636) 650000



                       This is a legal contract stating the rights and obligations
                           of the District Council and of all Council tenants.

Address                                                                              Type of Tenancy

                                                                                     Introductory
                                                                                     Secure
                                                                                     Non Secure


Weekly payments                        Date of commencement

Rent                                   Maximum occupancy                             Dog ban?          Yes / No

Support Charge                         Items for which tenant will be responsible Scheduled / None

                                       Special Conditions                            Scheduled / None

Total                                  Form of Tenancy                               Joint / Single

                         Schedule of people who will be occupying the accommodation
                                                Date of
Full Name                                        Birth      Relationship to tenant




                                                    Declaration
     I agree to accept the tenancy of the above premises and to be bound by the terms and conditions set out in
this agreement with the landlord, Newark and Sherwood District Council. I confirm that the information I have given
    to Newark and Sherwood Homes in my application form was true and is still true. I understand that providing
  fraudulent or misleading information is a crime and may result in my losing the right to occupy Council property.


Signature of tenant(s)                                                      Date


Signature of housing
officer                                                                     Date
                                  Our vision is
                    “to deliver excellent Housing Services”




          NEWARK AND SHERWOOD
         DISTRICT COUNCIL TENANCY
                AGREEMENT



           Managed by Newark and
           Sherwood Homes Limited




Version 7 JD January 2010
Newark and Sherwood Homes provides a management service to all
tenants of Newark and Sherwood District Council (NSDC). It is important
that you read and understand this tenancy agreement as it sets out the
conditions of your tenancy.

Our vision is “to deliver excellent Housing Services” and this is further
supported by the core values which underpin the work we do: -

     Delivering Excellence
     Making Positive Improvements
     Sharing Information
     Customer First
     Valuing Everyone


If you have any questions regarding your tenancy then please contact
Newark and Sherwood Homes.




2|Page
Terms and Definitions used within this
Agreement:

      Agents

People or companies who work on our behalf.

      Assign

This is the transferring or giving another person the tenancy
of the property

      Customer Access Team

First point of contact for accessing Newark and Sherwood Homes

      Communal areas

The parts of the building or scheme, which all tenants may use, for
example, stairways, entrances, landings, shared gardens, lawns and
landscaped areas.

      Council

Newark and Sherwood District Council (also referred to as the landlord)

      Demoted tenancy

A secure tenancy, which is terminated and replaced with a demoted
tenancy by order of the court. Demoted tenants have reduced rights
similar to those of an introductory tenancy. In cases of anti-social
behaviour we may apply to the county court to have a secure tenancy
reduced to a demoted tenancy.

      Employees

Any contractor, agent or anyone employed by us.

      Garden

Includes lawns, hedges, flowerbeds, trees, shrubs, outside walls,
permitted hard standing and fences.

      Introductory tenancy

A tenancy under Part V of the Housing Act 1996, which lasts for a trial
period of 12 months (can be extended for a further 6 months in certain


3|Page
cases) and may then become a secure tenancy. In certain circumstances
where an applicant has held an introductory tenancy with either another
Local Authority or Housing Association, immediately prior to gaining a
tenancy with Newark and Sherwood District Council, the length of this
previous tenancy may be included in the 12 month trial period.
We can ask the court to end the tenancy if we have given you a notice
saying that we intend to do so and you will have less protection than a
secure tenant

      Introductory tenant

A tenant who has an introductory tenancy as defined in chapter 1 part V
of the Housing Act 1996

      Lodger

A person who pays you money to let them occupy rooms in your property,
but doesn‟t have exclusive occupation of any part of the property, and
who doesn‟t have the same rights as a subtenant.

      Neighbours

Everyone living in the area near your property, including other council
tenants, people who own their own homes, live in privately rented
accommodation, and housing association tenants.

      Partner

A husband, wife or someone who lives with you as a husband or wife. „Partner‟
includes a partner of the same sex.

      Property

The home you live in and of which you are the tenant, including any
garden but not including communal areas

      Relatives

Members of a person‟s family including their: spouse or partner (including
civil partner) parents, children, grandparents, grandchildren, brothers,
sisters, uncles, aunts, nephews, nieces, step relatives and adopted
children.

      Secure tenancy

A tenancy under Part 4 of the Housing Act 1985. A secure tenancy can
only be ended by the landlord obtaining a court order. As a secure tenant,
you have more protection than an introductory tenant


4|Page
      Secure tenant

A tenant who has a secure tenancy. An introductory tenant may become a
secure tenant after the end of the trial period (12 or 18 months).


      Service charge

This is a charge we make when we provide services for you, such as a
laundry or when we clean communal areas. Your agreement will state
whether you must pay these charges as part of your tenancy agreement


      Supported housing

Housing designed for older people or people with disabilities where there
is an alarm system and responsive warden service. We only offer
supported housing to people who are over the age of 60 or who
demonstrate a need for this type of accommodation.

      Sublet

Giving another person the right to live in part of the property. (They are
called a „subtenant‟) Secure tenants may only sublet part of the property
if they have our written consent.

      Vehicle

A car, bus, lorry, motorbike, bike and caravan or motor home.

      We, us, our

Newark and Sherwood Homes Ltd, who manage the Property on behalf of
the Council.

      Written permission

A letter from us giving you permission to do certain things.

      You, your

The tenant and, in the case of joint tenants, each and all of the joint
tenants.




5|Page
Section 1 Your Tenancy Agreement

1a By signing this agreement you are agreeing to become a tenant of
Newark and Sherwood District Council.

1b You are entering into a legal contract with the Council. We manage the
property on behalf of the Council. If there is anything in this agreement
which you do not understand, you should contact us or get advice from
Citizens Advice Bureau, a solicitor or Housing Advice Centre.

1c Tenants, also living in properties managed by Newark and Sherwood
Homes, who are your neighbours, have exactly the same rights and
responsibilities as you have (but introductory and demoted tenants do not
have the same protection from losing their home as secure tenants).
Please note: You are responsible for anything that you do in relation to
your property or the tenancy, and you are also responsible for anything
your friends, relatives (including children) and any other person living in
or visiting your home do in relation to your property or the tenancy.

1d There are two kinds of tenancy:

      • Introductory tenancy
      • Secure tenancy

1e In section 14 we tell you whether your tenancy is an introductory
tenancy or a secure tenancy.

1f This agreement gives you the right to live in the property. We will not
interfere with this right unless any of the following apply:

      • You break any of the conditions in this agreement.
      • We built or adapted your property for a person with physical
        disabilities, and:
              i.   you no longer need that type of home; and
             ii.   we need your property for someone else with
                   disabilities.
      • We need to renovate or carry out major repair to your property
        which we cannot do unless you move out.
      • You find another home and stop using your property as your main
        home.
      • There is any other reason under the Housing Act 1985, The
        Housing Act 1996, The Housing Act 2004 or any other law, which
        allows us to interfere with your rights.




6|Page
If any of the above applies, we may take legal action against you to end
your tenancy and repossess your home. We may, for example, apply to
the court for a demoted tenancy (if you hold a secure tenancy) or an
injunction. If we take legal action, you will be responsible for court costs.


Section 2 of this tenancy agreement relates to introductory
tenants only

Sections 3 to 14 relate to introductory and secure tenants, unless
otherwise stated.


                                   Notes

If you are having difficulties understanding any of the conditions in this
tenancy agreement, you must contact us as soon as possible. That way
we can work with you quickly to give you support, advice or help to sort
out any problems without having to take legal action.

We can offer support or ask other support agencies or partners to help
you. Below are just a few examples of the type of support we can give or
help you to access:

      • Giving you advice about rent arrears (unpaid rent), any benefits
      you might be entitled to and managing your money.
      • Giving you advice about looking after your garden.
      • Putting you in contact with support agencies who can help you
      with things such as fitting equipment and adaptations to your
      house, or helping you if you misuse alcohol or drugs.
      • Giving you advice about the repairs we are responsible for and
      what you should do about the repairs you are responsible for.
      • We may provide access to a mediation service. This service could
      help you to sort out any problems you may have with your
      neighbours.


We want to support tenants as much as we can, but please remember
that if you do not follow the conditions of this tenancy agreement or
refuse to act on our advice, help or support, you could lose your home.




7|Page
Section 2 Introductory Tenants only

2a You will start your tenancy as an introductory tenant unless,
immediately before the tenancy starts, you are already a secure tenant or
an assured tenant of a registered social landlord, or other special
circumstances provided for by law apply.

2b Your introductory tenancy will last for 12 months (this could be
extended in certain circumstances to 18 months if the tenancy has not
been completely satisfactory), which is called „the trial period‟. At the end
of the trial period, your tenancy will become a secure tenancy. But if you
break any condition of your introductory tenancy, it may come to an end
before one year is up. If you do this, we can ask the court to give us an
order for possession of your property. In that case, you would have to
leave your property or we would take possession of your home if you
refused to leave.
As an introductory tenant you do not have security of tenure (which
means that we have the right to get a possession order from the court).

We can obtain possession of your property by giving you a written notice
of our intention to terminate your introductory tenancy. The notice will set
out our reasons for wanting possession of your property and it will give a
date after which we may go to court. However, you have a right to a
review of our decision to evict. If you request a review, it will be
completed before the date in the notice.

2c If you breach the conditions of your introductory tenancy, or there are
other circumstances where we lawfully require possession of the property,
we may serve a notice on you which will mean you will continue to be an
introductory tenant for a further six months.

2d By law, during your introductory tenancy you do not have the same
rights as a „secure tenant‟. You cannot:

       • apply for the right to buy your home; or
       • take part in a vote to change the landlord.


2e In certain circumstances, we may give you permission to:

   •   take in a lodger;
   •   sublet your home;
   •   make a structural change to the property; and
   •   apply to exchange your home.


8|Page
2f You must get our permission (which will not be unreasonably with
held), in writing, to do any of the things mentioned in condition 2e above.
We may refuse permission if you do not meet certain conditions or we
may include conditions in our written permission. If you do any of the
things mentioned in condition 2e above, either without asking our
permission or when we have refused permission, or if you break any
condition included as part of our permission, we may take steps to obtain
possession of your property from you. (See condition 2b.)




9|Page
3 Our rights and responsibilities – for all Tenants

3a We will keep the structure and exterior of your home in repair.

3b We will keep essential installations for the supply of water, gas,
electricity, sanitation and heating in repair and proper working order. We
will not be responsible for any loss or inconvenience suffered as a result
of a failure of supply or service to the premises, supplied by a third party,
where such failure is not caused by an act or omission on our part

3c We will complete repairs which we are responsible for under law.

3d We will follow the terms of the Data Protection Act 1998 and will safely
manage and protect any information we hold about you. However, where
the law allows us and where it is relevant, we may share this information
with other business partners, contractors or statutory agencies. This
includes the following laws (but there are others):

        • Code of Data Matching Practice 2008
        • Section 115 of the Crime and Disorder Act 1998.

We will also give Newark and Sherwood Fire and Rescue Service your
name and address so that they can contact you to arrange a free fire-
safety assessment of your home. Newark and Sherwood Fire and Rescue
Service will keep your details confidential under the terms of the Data
Protection Act 1998.

3e Under sections 102 and 103 of the Housing Act 1985, subject to
certain limited exceptions, we may change any of the conditions of this
tenancy agreement. (Changing the rent is mentioned in condition 5e.)
The act sets out the procedure we must follow which says that we must
talk to you and our other affected tenants about the change and, once we
have consulted you, give you at least four weeks‟ notice before the
change takes place. You do
not have the right to prevent the change being made if, after talking to
you and taking your comments into account, we decide to make the
change. (It is important that you keep the notice safe so that you always
know what your responsibilities are in relation to your tenancy
agreement.)

3f If there is a disagreement about the conditions of your tenancy which
we cannot sort out with you, the court has the power to make the final
decision.




10 | P a g e
3g We have a right, upon giving you 24 hours‟ written notice, to come
into your home at all reasonable times to inspect it or to carry out work in
your property or an attached property. The Council, our employees,
contractors, subcontractors and agents also have this right. (We do not
have to give you 24 hours‟ notice in an emergency).

3h If you do not let our employees, contractors, or subcontractors into
your property after we have given you 24 hours‟ written notice (under
paragraph 3g or without notice in the case of an emergency) we may:

    • apply to the court for an order to allow us to enter your property to
      carry out work or inspect it (you may also have to pay our costs of
      going to court); or
    • in an emergency, tell our employees, contractors or subcontractors
      to enter your property straight away (in which case we will put right
      any damage we cause). We may charge you the cost of repairing
      the damage we caused to get into your home if you knew we
      needed to enter your property and you refused to let us, our
      employees, contractors or subcontractors in.

3i We are not responsible if your possessions are lost or damaged unless
we have lost or damaged your possessions through our negligence in your
home. We are not responsible for putting right damage to your property
that you have caused, even if you did it by accident. This also includes
damage caused by any member of your household, or any lodger,
subtenant or visitor.

3j We will have properly served on you, any notice relating to your
tenancy if we:

    •   give it to you personally;
    •   post it to you at the tenancy address;
    •   deliver it to or leave it at your property; or
    •   give it to someone acting on your behalf (for example a solicitor,
        parent, son or daughter).

Additional Information

If we do not meet our responsibilities as we promise in this tenancy
agreement you can do the following.
      • Speak to our staff.
      • Use our complaints procedure.
      • You can contact Newark and Sherwood District Council and
         access their internal complaints procedure once you have gone
         through our complaints procedure if you still remain dissatisfied
      • website at www.nshomes.co.uk.
      • Local Government Ombudsman

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Home contents and buildings insurance

We strongly advise you to insure the contents of your home and insure
the building of your home for accidental damage. We do not insure our
properties against accidental damage so if you accidentally damage the
structure or fittings in your home, we will charge you the cost of putting
things right. For example, if you accidentally nail through some pipes
while decorating, it is your responsibility to put this right. If you had
your own buildings insurance that covers accidental damage, you should
be able to reclaim the cost of this work.




12 | P a g e
4 Your rights and responsibilities – for all Tenants

4a This agreement gives you the right to live in your property.

4b You can live in your property without interference from us for the
length of your tenancy (except if our employees, contractors or
subcontractors need to come into your home as a condition of your
tenancy agreement) as long as you (and your friends, relatives and any
other person living in or visiting your property) follow the conditions of
this tenancy agreement and demonstrate respect for the rights of other
people living or working in or visiting your area.

4c The Data Protection Act 1998 gives you certain rights relating to the
information we keep about you on file. The main rights that you have
(which may be limited) are to:

        • see the contents of the file;
        • have a copy of the file or parts of it if you pay a charge;
        • ask for any information that is not accurate in the file to be
          corrected.

In particular, the file will contain the details you have given us on your
application for the tenancy or for transferring your tenancy. We will give
you these details free of charge.

4d You have the right to see our policies on housing, rehousing and
exchanging properties. In certain circumstances, we may charge you if
you ask for copies of these policies.

4e You have the right to be consulted about any proposals we make to
change the way we manage, maintain, improve, demolish, sell or transfer
council homes, or changes to services or facilities for council tenants. The
consultation procedure is set out in sections 105 and 106A of the Housing
Act 1985.

4f If you die, whilst you are a tenant, your tenancy can pass to your
spouse or civil partner, as long as they occupy the property as their only
or principal home at the time of your death. If you are not married and do
not have a partner when you die, your tenancy will pass to a relative but
only if, at the date of your death, they were living with you as their only
or principal home and had been living with you without a break for the
previous 12 months. This is called „succession‟.

If you have two or more relatives, who are qualified to succeed they may
agree between them who will succeed, but if they don‟t agree we will
decide between them. If you want to tell us who you want to succeed to
your tenancy before you die, we will take this into account.


13 | P a g e
4g By law, a second succession is not possible (that is, if you are the
successor to the tenancy and you die), but in certain circumstances we
may pass the tenancy to a relative. Ask your housing officer for more
information.

4h In certain circumstances where a succession takes place, we may
invite the successor to move to another suitable property. If they refuse
to move, we may apply to the court for a possession order. These
circumstances are if the property:

    • is adapted for people with disabilities and the successor does not
      need that type of property;
    • is „supported‟, or specifically designed for elderly people and the
      successor is not an elderly person
    • is specifically designed for disabled people, and the successor is not
      a disabled person; or
    • is under occupied.

There are more details about how we may obtain possession in these
circumstances in schedule 2 of the Housing Act 1985.

4i If you or members of your household have been temporarily moved to
other accommodation so work can be carried out on the property, you
must return to your property once the work has been completed. If you
do not return when the work has been completed, we may ask the court
for an order for possession of the temporary accommodation. If this
happens, you may have to pay our legal costs and court costs.

4j If we move you into temporary accommodation you must continue to
follow the conditions of your tenancy agreement.

Conditions 4k to 4n apply to secure tenants only


4k You have the right to take in a lodger as long as your property does
not become overcrowded.

4l You must not sublet, or assign any part of your property unless we
give you permission in writing, which will not be unreasonably withheld.

4m You have the right to exchange your home with another tenant of
Newark and Sherwood District Council, any other council tenant or a
tenant of a housing association. You must ask for our written permission
before you exchange and we may refuse the exchange if you do not meet
certain conditions covered by the law.

4n In certain circumstances you have the right to buy your home. Please
contact the Council for details.

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5 Rent
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5a Your tenancy is a weekly tenancy from Monday to Sunday. The weekly
rent is due each Monday and you must pay it on time. You must make
sure that your payment day and chosen payment method allows sufficient
time for your payment to be credited to your rent account by the end of
the week. If your rent account is not clear at the end of every week, you
will be in arrears. Normally there are 52 Mondays in a year, and we grant
four „no rent due‟ weeks which means that payment is due on 48 weeks.
Occasionally there are 53 Mondays in a year, and on those occasions rent
is due on 49 weeks. The amount of your weekly rent is shown in Section
14 of this tenancy agreement.

 5b Your weekly rent is made up of one or more amounts which are
shown in Section 14 of this tenancy agreement. These charges are for:

    • the basic rent;
    • the heating charge (where applicable);
    • the insurance charge (if you take out cover under our insurance
      scheme);
    • the service charge (where applicable) ;
    • the supported housing service and alarm system (where applicable)

5c We work out your weekly rent by adding up all of these amounts. This
is the weekly rent you must pay under condition 5a above. This total
weekly rent is also shown in Section 14 of this tenancy agreement.

5d You must pay your weekly rent every week or at any other time that
you and we agree to.

5e We may change any of the amounts shown in condition 5b above, and
so your total weekly rent, by giving you at least four weeks‟ notice in
writing. The notice will say what change we are going to make
and the date on which the change will happen. From that date, under
condition 5a, you will be responsible for paying the new weekly rent. (It is
important that you keep the notice safe so that you always know what
your responsibility is).

5f If you do not pay your weekly rent (that is, all the amounts shown in
Section 14) when they are due, we may ask the court to make an order
so we can have possession of your property. We may then take steps to
evict you. You may also have to pay legal costs and court fees on top of
the rent that you owe.

5g If you owe money from a previous tenancy with Newark and Sherwood
District Council, details of the amount will be set out in Section 14 of this
agreement. By signing this agreement you are agreeing to repay the
money you owe us.



16 | P a g e
5h If you are a joint tenant, you are both responsible for all of the rent
and any other charges for your property when they are due, not just
liable for a proportionate part of them.

5i We may offset any money that you owe us against any money we owe
you. For example, if we demolish your home, we will give you a payment
called a home loss payment. If you owe us rent, we would deduct this
from the home loss payment before we paid any remaining balance to
you.




6 Anti - social behaviour


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Newark and Sherwood Homes aims to deliver the best possible service for
tenants who are experiencing anti – social behaviour, this includes taking
appropriate and proportionate action against perpetrators in line with the
conditions captured in this section.

When tackling anti - social behaviour on the estates throughout the
district Newark and Sherwood Homes implements our Anti - Social
Behaviour Policy; a copy of this policy can be found on our website or by
contacting us.

Very Important: You must make sure that no member of your
household, including a lodger, subtenant, or visitor, does any of
the things mentioned in conditions 6a to 6k below. If they do, you
will be held responsible under the terms of this agreement as if
you had done any of them yourself.


6a You must not use your property to carry out illegal or immoral
activities or act antisocially in your property or in the locality.

6b You must not, in your property or in the locality, use, possess,
produce, or supply any drugs or substances that are illegal under the
Misuse of Drugs Act 1971 or under any part of the criminal law.

6c You must not do anything in or to communal areas which:

    • is antisocial;
    • is illegal or immoral;
    • may be a nuisance or annoyance to other people who use those
      areas;
    • will damage the communal areas; or
    • will cause a health and safety risk.

6d You must not:

    • physically or verbally abuse; or
    • intimidate.

Do anything that creates a health and safety risk to our employees or
people acting on our behalf while they are performing their duties.

Physical abuse includes, but is not limited to, any actual or threatened
assault, attack, violent act or aggression.

Verbal abuse includes, but is not limited to, any unreasonable abusive or
foul language that is intended to or likely to cause alarm, distress or in
order to intimidate somebody.

6e You must not cause, or do anything likely to cause, any nuisance to,
or annoy, offend or harm, any:

18 | P a g e
    • neighbour;
    • other Council tenant;
    • other person living, visiting or otherwise engaging in a lawful
      activity in the locality, or any member of their household, lodger,
      subtenant or visitor.

6f You must not damage any property or belongings of the Council, any
neighbours, any other Council tenant, any other person living, working or
visiting in the locality, or any member of their household, lodger,
subtenant or visitor

6g You must not discriminate or threaten to discriminate against,
intimidate or harass anybody in any way because of their age, gender,
disability, race, religion or belief, or sexual orientation.

Discrimination, intimidation or harassment because of someone‟s age,
gender, disability, race and nationality, religion or belief, transgender
identity or sexual orientation will include any act of verbal or physical
abuse directed at a person or people because of these reasons, when the
victim believes that the attack is hate related or there is direct evidence
of a racist reason behind the abuse. It is very different from other forms
of harassment. Racial harassment and hate crime is classed as a criminal
offence and you will be breaking these conditions of tenancy if you
commit it or allow it to be committed. When dealing with incidents of hate
crime and/or racial harassment we implement our Anti-Harassment
Policy; a copy of this policy can be found on our website or by ringing our
Customer Access Team on 0845 258 5550.


6h You must dispose of your household waste, furniture or other
belongings properly. You must take reasonable care to make sure that
they are not left in communal areas, your garden or the area near your
property. You must also make sure that they do not cause a nuisance or
annoyance to any person or create a health and safety risk.

6i If your property is a flat with communal areas, it is your responsibility
to keep these areas clean, tidy and free from any dangers. In some flats
we employ contractors to clean communal areas; however it remains your
responsibility to keep these areas clean, tidy and free from dangers.

6j You must not use (or let anybody else use) any device or equipment,
or do anything (or let anybody else do anything), which creates so much
noise that it causes a nuisance or annoys your neighbours at anytime.
6k You must not be, or threaten to be, violent towards or abuse
(psychologically, physically, sexually, financially or emotionally) your
partner, relative or any other person living with you as a member of your
or your partner‟s family.



19 | P a g e
If you threaten violence towards or abuse anybody including any other
person living with you as a member of your or your partner‟s family in
your property, we may take action against you, including taking steps to
evict you. We may also ask another agency to take action, such as the
police.

If someone is forced to leave the property because of your threatening
behaviour, violence or abuse or through fear of threatening behaviour,
violence or abuse, we can take action to end your tenancy and evict you
from the property.




7 Using your property

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7a You must live in your property as your only or main home. If you
expect to be away from your home for longer than 4 weeks, you must tell
us. (If you are a secure tenant but stop living in your property as your
only or main home, you will stop being a secure tenant and you will lose
some of your protective rights against eviction.) If we have reason to
believe that you are not living in your property as your main
home, we may ask the court for a possession order against you.

7b Once you have signed your tenancy agreement, you must move into
the property on a date agreed with us.

7c If we have reason to believe that you have not moved into your
property or that you have moved out without telling us, we may, for
safety reasons, tell the electricity, gas and water services that we believe
your property is empty.

7d You must not allow your property to become overcrowded. We may
apply for a possession order if we find that your property is overcrowded.

7e If you live in any flat or maisonette above the ground floor you must
obtain permission from us before laying laminate flooring (or similar
material) or glazed vitreous or quarry floor tiling of any kind as this could
add greatly to the level of noise heard by another tenant in a property
below yours.

7f You must not run a business from your property without our written
permission. We will not refuse permission unless we believe that your
business is likely to cause a nuisance to other people, damage the
property or create a health and safety risk. As well as getting our
permission you should get any planning or other permissions you need. If
we give you permission we may withdraw it if the business causes
nuisance, damage or a health and safety risk in the future.

Below are some examples of businesses we will not allow you to run from
your home.

    • A vehicle maintenance business.
    • A printing business.
    • Any business where you have to use hydraulic equipment, industrial
      machinery or chemicals.
    • A shop or wholesale business where customers would have to visit
      your property.
    • Any business that would result in business vehicles being parked at
      your property or in the area near your property and causing
      nuisance and annoyance.
    • An animal breeding business.

    • Any business that would cause a nuisance and annoyance.
    • A haulage or lorry business.

21 | P a g e
7g In order to ensure the health and safety of our staff and agents, you
must ensure that your property is smoke free when our employees or
agents attend your home by appointment

7h If your property has a door-entry system, you must use it and use it
properly. You must not (or allow anyone else to) interfere with the system
rendering it ineffective.

7i If your property has either a hard wired or battery operated smoke
alarm, you must not (or allow anyone else to) disconnect the alarm
rendering it ineffective.

7j If your property is supported housing accommodation and has an
alarm system and responsive warden service, it is a condition of your
tenancy that this service is paid for. You can find details of the charges in
Section 14 of this agreement.




8 Repairs and the condition of your property

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8a You must take care of your property. You must pay us the cost of any
repairs to your property that are needed because you have damaged it or
neglected it. You are responsible for the costs of these repairs whether it
is your fault (with the exception of fair wear and tear and accidental
damage by fire) or that of any member of your household, or any lodger,
subtenant or visitor.

8b You are responsible for any repairs which are over and above our
responsibilities under law. If you would like to know whether you are
responsible for certain repairs, you should contact us.
All the repairs that you are responsible for must be carried out to a good
standard. Certified engineers must be used for repairs where appropriate,
eg. to gas, heating and electrical installations. Please ask if you are
unsure.

8c You are responsible for:

    • decorating the inside of the property, which includes decorating as
      often as necessary to keep it in good decorative order;
    • keeping your property clean and tidy;
    • regularly sweeping the chimneys (if you use solid fuels such as coal
      or wood); and taking reasonable precautions to prevent fire and
      frost damage to the property;
    • ensuring that your use of your property does not constitute a risk to
      health and safety.
    • Testing Smoke Alarms where fitted

8d You must report straightaway any fault or repair that we are
responsible for. This includes faults in:

    • the structure and exterior of the building including the roof,
      chimney stack, drains, gutters, walls, doors and windows;
    • any installations in the property, such as your central-heating
      system or an electric fire, fire alarms (where fitted), smoke alarms
      (where fitted)
    • electrical wiring, gas and water pipes.

8e In flats and maisonettes we will repair all communal parts including
halls, stairways, lifts, passageways, rubbish chutes, lighting and other
amenities provided for common use.

8f Any work, which you are responsible for under condition 8c above,
must be carried out properly. If you do not meet your obligations under
conditions 8c and 8d, you will have failed to take care of your property
under condition 8a.




23 | P a g e
8g You are responsible for repairs which are necessary because you failed
to report another repair to us in good time that you knew about or should
reasonably been aware of for example a leaking overflow causing damp to
the property.

8h You are responsible for repairing and maintaining all improvements
and fixtures and fittings you fit in your home, for example if you fit your
own kitchen.

8i In certain circumstances where a tenant is making an excessive and
unreasonable use of the repairs service we may recharge the cost of this
service to the tenant.

8j Responsive repairs are delivered through an appointment system;
however where tenants fail to keep a prearranged appointment without
reasonable cause a charge of £10 will be recharged to the tenant. (This
amount will increase in line with inflation)

8k You have a right to have repairs done within published time limits;
details of these can be obtained from Newark and Sherwood Homes. If we
do not complete the repair by the stated time, you may be entitled to
compensation.

Notes

When you report a repair we will tell you if it is our responsibility. If it is
we will tell you when we will complete it by.
We will take care of your possessions and clean up after we have carried
out a repair at your property.
Always ask to see the identity card of anyone who calls at your home. If
you are not sure that they work for us, don‟t let them into your home and
contact us.




24 | P a g e
9 Animals in your property

Subject to conditions „9a‟ to „9f‟ below, you may keep domestic pets at
your property without our permission.

Very Important: You must make sure that no member of your
household, including a lodger, subtenant, or visitor, does any of
the things mentioned in conditions „9a‟ to „9h‟ below. If they do,
you will be responsible as if you had done any of them yourself.

9a Some of our properties are unsuitable for keeping dogs, so you must
not keep a dog in these properties. If this applies to your property this
will be indicated within this agreement.

9b You must not keep the following animals at your property:

    •   Any    dog the Dangerous Dogs Act 1991 applies to.
    •   Any    animal the Dangerous Wild Animals Act 1976 applies to.
    •   Any    dangerous animal.
    •   Any    livestock.
    •   Any    animal which causes a health and safety risk in the area.
    •   Any    animal that is not bred to be a domestic pet.

9c You must not keep an animal in a communal area.

9d You must not keep an animal in a property which can be accessed only
through a communal entrance unless it is a registered guide dog for the
blind or a registered hearing dog for the deaf or you have our permission
to keep it (which will not be unreasonably withheld).

9e You must not breed animals at your property.

9f You must make sure that no animal you keep at your property (or that
you are responsible for) causes nuisance or annoys to any:

    • tenant of ours;
    • person in the neighbourhood; or
    • of our employees, contractors, subcontractors or agents.

9g You must make sure that no animal kept at your property (or that you
are responsible for) causes any damage:

    • to your property;
    • to a communal area; or
    • in the neighbourhood.


25 | P a g e
9i If an animal that you keep at your property (or that you are
responsible for) fouls in your garden, in a communal area or in the
neighbourhood, you must clean up after it and throw away any dog mess.

9j You must make sure that no member of your household, including a
lodger, subtenant or visitor, fails to do any of the things mentioned in
condition „i‟ above. If they fail to do so, you will be responsible.

Notes
In this section „animal‟ includes birds, reptiles, arachnids, and fish.
We count pigeons as domestic animals (pets).




26 | P a g e
10 Gardens

10a You must keep your garden (if you have one) in a good, tidy and
safe condition and free from rubbish and weeds. If you fail to do this, we
may carry out all the necessary work and recharge you for doing this.

10b You must cut the grass and hedges in your garden regularly in the
growing seasons. Hedges should be kept to a maximum height of 1.8m
(6ft) at the rear and 1.2m (4ft) at the front and side.

10c You must not put up, change or demolish a shed, greenhouse or
garage, hard standing, or any other structure in your garden or
communal areas without our written permission (which will not be
unreasonably withheld).

10d You are responsible for the pruning and maintaining trees within your
garden however you must ask for permission to cut down any tree in your
garden (which will not be unreasonably withheld).

10e You must not plant any tree or shrub which may cause damage to
you or your neighbours‟ properties.

10f You must not damage the boundary of your property without our
written permission (which will not be unreasonably withheld). This
includes changing or putting up any fence, hedge or boundary wall.

10g You must not park a vehicle, boat or caravan in your garden without
our written permission, which will not be unreasonably withheld; any
permission granted may be subject to conditions e.g. The provision of
hard standing dropped kerbs etc.

Notes
We will not give you permission to remove any tree that is protected by
law.




27 | P a g e
11 Vehicles

Very Important: You must make sure that no member of your
household, including a lodger, subtenant, or visitor, does any of
the things mentioned in conditions „11a‟ to „11e‟ below. If they do,
you will be responsible as if you had done any of them yourself.


11a You must not park, or allow to be parked, any car, caravan, trailer,
motorcycle, lorry or other vehicle on any grass verge, crossover,
communal area or paved or grassed area which belongs to us (including
the garden areas of your home as stated in section 10g) unless it is an
parking area that we have given you written permission to use.

11b You must not carry out repairs on your car at your property unless it
does not cause nuisance or annoyance to your neighbours.

11c You must not build a parking space, garage or driveway without our
written permission.

11d You must not park any vehicle on a shared driveway on your
property or park in a way that blocks other residents‟ homes or the road
or causes a health and safety risk.

11e If you or any member of your household, lodger, subtenant, or
visitor to your property has a motorised disability scooter or wheelchair,
you must store it safely and so as not to cause nuisance or annoyance to
neighbours. If you live in a property which has a communal
main entrance and communal corridors you must only park it in your
property or park it safely in communal areas reserved for this purpose.

Notes

We will refuse permission to park a caravan, motor home or other large
vehicle on a parking area in or near your property if doing so will:

    •   cause a nuisance or annoyance your neighbours;
    •   damage your property; or
    •   cause health and safety risks
    •   Fire risks




28 | P a g e
12 Ending your tenancy

12a When ending your tenancy you must give us not less than four
weeks‟ notice, in writing that ends before 12 noon on a Monday.

12b When your tenancy ends, you must leave your property and hand
the keys in to us at or before that date and time. If we have to change
the locks at your property we will charge you for doing so.

12c You must remove all your furniture, personal belongings and rubbish
from your property (including gardens, outbuildings and communal areas)
by the date your tenancy ends. You will be responsible for all reasonable
removal and/or storage charges when items are left in the property. We
will remove and store for one month. We will notify you of this at your
last known address. If the items are not collected within one month we
will dispose of them and you will be responsible for the reasonable costs
of disposal. We may deduct the costs from any sale proceeds and if there
are any costs outstanding you will be liable for these.

12d You must remove any greenhouse, garage, shed or other structure
you have put in your garden unless we agree that you can leave it. If you
do not, we will remove them and charge you for doing so.

12e You must make sure that any member of your household, lodger,
subtenant or visitor leaves your property when your tenancy ends. If you
fail to do so, and we have to apply to the court to make an order asking
that person to leave your property, we may also ask the court to order
you to pay us our legal costs and court fees and any rent we have lost
until your property is empty.

12f You must make sure that any fixtures and fittings that you have
installed or improvements you have made are in good condition and good
working order. If they are not, we will put things right and charge you for
doing so.




29 | P a g e
13 Health and safety

You, any member of your household, lodger, subtenant, or visitor to your
property must not do the following.

13a Use or store butane or propane gas within the boundary of your
property (this includes your garden and any outbuildings), other than
those required for general household use.

13b Store petroleum spirit or any other highly flammable liquids in your
property, other than when it is contained in the tank of a motor vehicle
parked at your property in line with these regulations.

13c Keep a motorcycle or any other vehicle inside your home or
communal areas.




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Section 14




      Section for signatures, rent payable, type of
                      tenancy etc...




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EXTERNAL RELATIONS AND PARTNERSHIPS                              AGENDA ITEM NO. 13
OVERVIEW AND SCRUTINY COMMITTEE
13th JANUARY 2010

TENANT SERVICES AUTHORITY – A NEW REGULATORY FRAMEWORK FOR SOCIAL HOUSING
IN ENGLAND (STATUTORY CONSULTATION)

REPORT PRESENTED BY: Rob Main, Strategic Housing Manager

Executive Summary

This report will provide Members of the External Relations and Partnerships Overview &
Scrutiny Committee with background to the Tenant Services Authority (TSA) and summarise the
contents of the recently published statutory consultation on the ‘new regulatory framework for
social housing in England’, which is due for implementation by 1st April 2010.

Recommendations

The Committee note the contents of the report and provide any comments it would like to
make on the regulation proposals set out by the Tenant Services Authority (TSA).



1.0   Background

1.1    The Tenants Services Authority (TSA) and the Homes and Communities Agency (HCA)
       have been formed as a result of the amalgamation of the Housing Corporation, The
       National Regeneration Agency, English Partnerships and social housing projects
       previously funded by the Housing Corporation.

1.2    The TSA will be the new social housing regulator that will give tenants a stronger say
       over how their homes are managed. The TSA will take over the role of the Housing
       Corporation’s regulatory function and will have new, stronger and wider ranging
       enforcement powers to take action over poor performance.

1.3    The Housing and Regeneration Act 2008 followed the 2007 Cave Review of social
       housing which made a clear case for reform, to introduce greater protection, choice
       and involvement for tenants of social housing in England. The TSA was launched
       on 1 December 2008; the statutory consultation ‘A new regulatory framework for
       social housing in England’ concerns the implementation stage of a process of reform
       which began with the Cave Review.

1.4    The proposals in the statutory consultation document have been developed
       following two earlier rounds of consultation, primarily with tenants, called the
       National Conversation. The first round ran from January to May 2009. This led to the
       publication of a discussion document in June 2009, which described ideas and some
      proposals for the new regulatory framework. A summary of responses to this
      document was published in October 2009.

1.5   The latest document, published by Communities and Local Government (CLG) on
      10th November 2009, is the formal, statutory consultation on the new regulatory
      framework. The closing date for responses is the 5th February 2010. After considering
      responses to this document decisions on the new regulatory framework will be
      made before 1 April 2010.

1.6   Members should note that new regulation will impact on the Council’s relationship
      in terms of monitoring Newark and Sherwood Homes (NSH) performance. This is
      because Arms Length Management Organisation, unless they own stock, will not be
      registered under the Housing and Regeneration Act 2008, the responsibility for
      meeting the standards will fall to the provider local authority (a registered provider).

1.7   The TSA’s role would, in part, be to rely on the things agreed and delivered as a
      result. This is what the TSA call co-regulation, which reflects a balance between
      direct regulation by the TSA and self-regulation by providers.

2.0   The Tenants Services Authority (TSA)

2.1   The reasons why the TSA has been established are set out below:

      a) As a consumer regulator – To ensure tenants are able to be involved in decisions
         that affect them, their homes and neighbourhoods and to protect tenants if their
         landlord performs poorly.

      b) Security and protection for private investors – TSA powers to intervene and
         protect private investment are critical to the continued flow of funding at
         competitive rates, so providers can build new homes and improve their services.


      c) Safeguarding public investment – There has been £120bn past public investment
         in social housing – £90bn from local authorities and £30bn into housing
         associations. The TSA will ensure the taxpayer continues to enjoy returns in the
         public interest by ensuring homes and services are of a good quality and through
         the promotion of value for money.


      d) Quality of life in communities – housing providers are well-placed to help other
         agencies deliver effective neighbourhood services. The TSA will help to ensure
         providers play their part in supporting local authorities in the areas they operate.
2.2   The TSA’s aims are to:

      a) Improve standards of service delivery for tenants – By settings standards for
         those landlord services that tenants care about the most, such as repairs and
         maintenance. The framework protects tenants from poor performance by their
         landlord. Providers that involve their tenants to deliver good services and have
         sound governance and finances will experience much less regulation leaving
         them freer to innovate and benefit from the de-regulatory approach.

      b) Support decent homes and neighbourhoods – in ensuring all homes meet the
         Decent Homes Standard. Standards are being proposed on anti-social behaviour
         and management of the neighbourhood as safety and security of places matter
         to tenants.

      c) Promote effective tenant involvement and empowerment – The TSA’s latest
         survey showed that only one in two tenants are satisfied with opportunities for
         involvement and only one in six tenants feel their landlord takes a lot of notice of
         their views. The TSA want to work with both landlords and tenants, so called co-
         regulation.

      d) Ensure providers are well run and deliver value for money - The standard on
         value for money requires providers to be open about how they prioritise
         spending (on new supply, existing homes, and community work) and how they
         constantly strive to improve.

      e) Promote and protect public and private investment - To maintain the
         confidence of private sector lenders and investors to finance improvements in
         neighbourhoods and the building of more homes. A modern risk-based
         regulatory framework makes access to private finance cheaper than it would
         otherwise be. TSA estimate that this benefit is worth about £250 per year per
         home, a benefit that helps reduce the cost of social housing to the taxpayer and
         to tenants.

      f) Encourage and support a supply of well-managed social housing - It is important
         for potential tenants and those living in overcrowded homes that providers help
         increase the supply of affordable homes. The value for money standard will help
         promote a more efficient sector, the allocations standard will help to ensure that
         the process is fair and flexible.

3.0   The six national standards

3.1   The TSA propose to introduce the national standards, set out at Appendix A, which
      are designed to reflect the experience of and outcomes for tenants. They are
      intended to safeguard customer choice, facilitate resident engagement and help
      protect tenants in relation to their housing and housing-related services.

3.2   In addition, registered providers are required to develop a range of local standards
      to supplement the national standards. These will drive the delivery of services
      tailored to local needs and aspirations. Local standards cannot vary the national
      standard, but should complement, strengthen or tailor national standards, reflecting
      local priorities and aspirations.

3.3   Members should note all registered providers will be expected to publish their plans
      for developing local standards, in conjunction with residents, by 1st October 2010.

3.4   All providers will be expected to have local standards in place no later than 1st April
      2011. Plans are expected to include:

      a) The establishment of targets

      b) Details of how performance will be monitored and communicated to tenants

      c) Tenant scrutiny methods and comparison with other providers

      d) Forms of recourse where local standards are not met, and

      e) Arrangements for annual review of local standards.

3.5   The TSA believe the best place for the quality of services to be discussed, agreed and
      scrutinised is locally between providers and their tenants. The standards require
      providers to set out what they offer to tenants and set local standards that reflect
      the priorities of local communities.

3.6   These proposals balance new demands on providers to be transparent and report on
      performance to their tenants, and hold themselves to account – with a significant
      reduction in red tape, with no TSA Codes of Practice, the removal of thousands of
      individual regulatory consents, and the passing of over 50 detailed Housing
      Corporation circulars and guidance notes.

3.7   Registered providers must meet the TSA standards. Where they do not, the TSA will
      expect speedy self-improvement and where this is insufficient there are new
      graduated range of enforcement powers to ensure that tenants get the service they
      deserve.

4.0   The ten principles to shape regulation

4.1   The TSA proposes that the regulation should be shaped by the following ten key
      principles:

      1. National standards will be established based on clear criteria.
      2. The national standards will be clear, succinct, based on outcomes and avoid
         prescribing detailed processes.


      3. The national standards framework will require providers to agree local standards
         with their tenants for the areas of service that are relevant to them locally.

      4. Every tenant matters, expectations that providers understand and respond to
         the particular needs of their tenants and to demonstrate how they have taken
         into account the needs of tenants across the six diversity groups.

      5. Promote transparency in reporting of performance by providers for tenants and
         local authorities (in their strategic role) in the areas they operate.

      6. Good governance is a universal principle and is essential to the quality of service
         delivery, financial robustness and value for money.

      7. To promote effective forms of independent validation, audit and benchmarking
         of performance to encourage providers to continually improve and free the best
         from unnecessary red tape.


      8. For the national service delivery standards, resources will be focused in 2010-11
         on identifying and addressing the worst performing providers, where tenants are
         being let down by their provider’s performance.


      9. The standards framework must support the principle of sector-led improvement,
         where problems are identified the provider will usually be offered an opportunity
         for speedy self-improvement


      10. Registration criteria should encourage new entry into the social housing sector,
          consistent with the objectives in the 2008 Housing and Regeneration Act.

5.0   ‘A new regulatory framework for social housing in England’ – A Statutory
      Consultation

5.1   As stated in the ‘Background’ section of this report CLG have now produced
      statutory consultation on the ‘new regulatory framework for social housing in
      England’.

5.2   The key consultation questions are attached at Appendix B with the full consultation
      document available in the Members room, for Members of the Committee to
      comment upon.
5.3   It is proposed, in considering Member’s comments, the Strategic Housing Manager
      will work with Newark and Sherwood Homes Property and Estates Manager to draw
      up a full response to the consultation. The closing date for responses is 5th February
      2010.

5.4   After considering responses to this document decisions on the new regulatory
      framework will be made by CLG before 1 April 2010. The introduction of the new
      system of regulation for social housing providers will implement the powers given to
      the Tenant Services Authority in the Housing and Regeneration Act 2008.

6.0   Newark and Sherwood Homes: Tenant Involvement

6.1   Newark and Sherwood Homes have already facilitated local conversation events
      throughout 2009 to support the consultation process undertaken by the TSA.

6.2   In March 2009 over 1000 invitations were issued to difficult to reach groups and
      tenants who do not usually engage with Newark and Sherwood Homes for events in
      Ollerton, Blidworth, Newark and Collingham. A questionnaire was circulated with the
      invitations and feedback was gathered from this process.

6.3   Two further local events took place in September 2009 to help the TSA establish a
      clear set of standards that are important to tenants by listening to their views and
      feeding these back to the TSA. For those that could not attend these events Newark
      and Sherwood Homes set up the TSA Big Pink Comments Book which was made
      available to everyone for comments.

6.4   Newark and Sherwood Homes arranged for the TSA to attend the Annual Tenants
      Conference in November 2009 to present a series of workshops to further cement
      the role of Newark and Sherwood Homes, and its tenants, to shape the future of
      social housing regulation.

6.5   From these consultation exercises Newark and Sherwood Homes have already
      gathered a range of feedback to identify tenant priorities and concerns on the role of
      the TSA.

6.6   Once the new regulation system is implemented Newark and Sherwood Homes,
      making use of the information already gathered and commencing a further tailored
      package of consultation events, will draw up a suite of local standards.

6.7   The Strategic Housing Manager will be kept informed on the progress of this matter,
      taking into consideration that a plan to develop the local standards needs to be in
      place by October 2010 and finalised by April 2011, as detailed at paragraphs 3.3 and
      3.4.
6.8    Members of the Committee will be kept informed on this matter at the relevant
       times and it is proposed that a Member event will take place further to the
       completion of the tenant consultation to discuss the draft local standards.

7.0   Recommendation

      The Committee note the contents of the report and provide any comments it would
      like to make on the regulation proposals set out by the Tenant Services Authority
      (TSA).

Background Papers

Copies of the statutory consultation ‘A new regulatory framework for social housing in
England’ can be found in members’ room.

For further information please contact Rob Main, Strategic Housing Manager, on Extension
5930.

A Statham, Head of Housing and Environmental Services
APPENDIX A

NATIONAL STANDARDS

Six national standards for social housing providers which are the centrepiece of the new
regulatory framework;

   1. A tenant involvement and empowerment standard – This standard will apply to all
      registered providers. Registered providers will be able to show they have
      arrangements for understanding their tenants, their views and needs so that in all
      the standards, they can use this information to provide tenants with accessible,
      comprehensive and timely information. Having consulted their tenants, registered
      providers must have arrangements in place that support and enable tenants to be
      involved and empowered.

   2. Home standard – This standard will apply to all registered providers. Registered
      providers must ensure that all homes are warm, weatherproof and have modern
      facilities. Registered providers must ensure tenants’ homes either meet the Decent
      Homes Standard set out in the Government’s Decent Homes Guidance or meet the
      standards of design and quality that applied when the home was first built, and were
      required as a condition of publicly funded financial assistance, if these standards are
      higher than the Decent Homes Standard. Registered providers must meet the
      standard by 31 December 2010.

   3. Tenancy standard – This standard will apply to all registered providers apart from
      the rental element which only applies to not-for-profit and for-profit registered
      providers. Local authority landlords are currently subject to a different rental policy
      which has been set by the Government. Registered providers will co-operate with
      local authorities’ strategic housing function, and their duties to meet identified local
      housing needs. This includes assistance with local authorities’ homelessness duties,
      and through meeting obligations in nominations agreements.

   4. Neighbourhood and Community Standard – This standard will apply to all registered
      providers. Registered providers will consult with tenants in developing their policy
      for maintaining and improving the neighbourhoods associated with their homes.
      This applies where the registered provider has a responsibility for the condition of
      that neighbourhood. The policy must include any communal areas associated with
      the registered provider’s homes. The registered provider must publish this policy.

   5. Value for money standard – This standard will apply to all registered providers.
      Registered providers publish, as part of their communications with their tenants,
      information on at least an annual basis that demonstrates how they have allocated
      and prioritised expenditure on different areas of housing services covered by the
     national standards and their local standards and other priorities such as investment
     in the supply of new social housing.

6.   Governance and Financial Viability Standard – The standard will apply to all not-for-
     profit and for-profit providers. It will not apply to local authority providers as
     different arrangements exist for regulation of these areas across the wider range of
     local authority service provision.
APPENDIX B

KEY CONSULTATION QUESTIONS

The Tenant Services Authority is consulting on whether their proposals best meet the
objectives Parliament set for them; consultation response close date is 5th February 2010.
For tenants, landlords, lenders and other stakeholders who have an interest in the social
housing sector, this consultation is an opportunity to influence how the Tenant Services
Authority implement their new powers by considering the following questions;

   1. Does the approach to co-regulation as expressed through the ten principles seem a
      reasonable basis on which to develop the new framework from 1 April 2010?

   2. Does the approach to setting national and local standards appear reasonable for the
      requirements that will apply from 1 April 2010?

   3. Does it seem reasonable to extend the same approach to those providers owning
        less than 1,000 properties, taking into account their size and risk profile in a
        proportionate approach to compliance?

   4. Do the proposals on how to approach the regulation of local authorities appear
      reasonable?

   5. Does the proposed text for the following standards:

   1. Involvement and Empowerment
   2. Home
   3. Neighbourhood and Community
   4. Tenancy
   5. Value for Money
   6. Does the proposed text for the Governance and Financial Viability standard:


   •    Address priorities for tenants whilst taking into account our duty to have regard to
        the desirability of registered providers being free to choose how to provide services
        and conduct their business?
   •    Express requirements of providers in a way that is clear, succinct and as outcome
        focused as possible?
   •    Allow registered providers to choose how to conduct their business whilst ensuring
        the security of social housing assets for current and future tenants?
   •    Express requirements of providers in a way that is clear, succinct and as outcome
        focused as possible?

   6. Does the TSA’s approach to monitoring and compliance against the standards and
        regulatory requirements seem a reasonable basis for ‘how’ we regulate in 2010-11?

   7. Does the approach to dealing with complaints seem reasonable?
 8. Is the general approach to using the formal regulatory and enforcement powers
    reasonable?

9. Do the proposals for establishing registration and deregistration criteria seem
    reasonable?

10. Does the approach to issuing directions on Accounts and the Disposal Proceeds Fund
    seem reasonable?
   EXTERNAL RELATIONS AND PARTNERSHIPS                              AGENDA ITEM NO. 13
   OVERVIEW AND SCRUTINY COMMITTEE
   13th JANUARY 2010

   TENANT SERVICES AUTHORITY – A NEW REGULATORY FRAMEWORK FOR SOCIAL HOUSING
   IN ENGLAND (STATUTORY CONSULTATION)

   REPORT PRESENTED BY: Rob Main, Strategic Housing Manager

   Executive Summary

   This report will provide Members of the External Relations and Partnerships Overview &
   Scrutiny Committee with background to the Tenant Services Authority (TSA) and summarise the
   contents of the recently published statutory consultation on the ‘new regulatory framework for
   social housing in England’, which is due for implementation by 1st April 2010.

   Recommendations

(a) The Committee note the contents of the report and provide any comments it would like to
    make on the regulation proposals set out by the Tenant Services Authority (TSA).



   1.0   Background

   1.1    The Tenants Services Authority (TSA) and the Homes and Communities Agency (HCA)
          have been formed as a result of the amalgamation of the Housing Corporation, The
          National Regeneration Agency, English Partnerships and social housing projects
          previously funded by the Housing Corporation.

   1.2    The TSA will be the new social housing regulator that will give tenants a stronger say
          over how their homes are managed. The TSA will take over the role of the Housing
          Corporation’s regulatory function and will have new, stronger and wider ranging
          enforcement powers to take action over poor performance.

   1.3    The Housing and Regeneration Act 2008 followed the 2007 Cave Review of social
          housing which made a clear case for reform, to introduce greater protection, choice
          and involvement for tenants of social housing in England. The TSA was launched
          on 1 December 2008; the statutory consultation ‘A new regulatory framework for
          social housing in England’ concerns the implementation stage of a process of reform
          which began with the Cave Review.

   1.4    The proposals in the statutory consultation document have been developed
          following two earlier rounds of consultation, primarily with tenants, called the
          National Conversation. The first round ran from January to May 2009. This led to the
          publication of a discussion document in June 2009, which described ideas and some
      proposals for the new regulatory framework. A summary of responses to this
      document was published in October 2009.

1.5   The latest document, published by Communities and Local Government (CLG) on
      10th November 2009, is the formal, statutory consultation on the new regulatory
      framework. The closing date for responses is the 5th February 2010. After considering
      responses to this document decisions on the new regulatory framework will be
      made before 1 April 2010.

1.6   Members should note that new regulation will impact on the Council’s relationship
      in terms of monitoring Newark and Sherwood Homes (NSH) performance. This is
      because Arms Length Management Organisation, unless they own stock, will not be
      registered under the Housing and Regeneration Act 2008, the responsibility for
      meeting the standards will fall to the provider local authority (a registered provider).

1.7   The TSA’s role would, in part, be to rely on the things agreed and delivered as a
      result. This is what the TSA call co-regulation, which reflects a balance between
      direct regulation by the TSA and self-regulation by providers.

2.0   The Tenants Services Authority (TSA)

2.1   The reasons why the TSA has been established are set out below:

      a) As a consumer regulator – To ensure tenants are able to be involved in decisions
         that affect them, their homes and neighbourhoods and to protect tenants if their
         landlord performs poorly.

      b) Security and protection for private investors – TSA powers to intervene and
         protect private investment are critical to the continued flow of funding at
         competitive rates, so providers can build new homes and improve their services.


      c) Safeguarding public investment – There has been £120bn past public investment
         in social housing – £90bn from local authorities and £30bn into housing
         associations. The TSA will ensure the taxpayer continues to enjoy returns in the
         public interest by ensuring homes and services are of a good quality and through
         the promotion of value for money.


      d) Quality of life in communities – housing providers are well-placed to help other
         agencies deliver effective neighbourhood services. The TSA will help to ensure
         providers play their part in supporting local authorities in the areas they operate.
2.2   The TSA’s aims are to:

      a) Improve standards of service delivery for tenants – By settings standards for
         those landlord services that tenants care about the most, such as repairs and
         maintenance. The framework protects tenants from poor performance by their
         landlord. Providers that involve their tenants to deliver good services and have
         sound governance and finances will experience much less regulation leaving
         them freer to innovate and benefit from the de-regulatory approach.

      b) Support decent homes and neighbourhoods – in ensuring all homes meet the
         Decent Homes Standard. Standards are being proposed on anti-social behaviour
         and management of the neighbourhood as safety and security of places matter
         to tenants.

      c) Promote effective tenant involvement and empowerment – The TSA’s latest
         survey showed that only one in two tenants are satisfied with opportunities for
         involvement and only one in six tenants feel their landlord takes a lot of notice of
         their views. The TSA want to work with both landlords and tenants, so called co-
         regulation.

      d) Ensure providers are well run and deliver value for money - The standard on
         value for money requires providers to be open about how they prioritise
         spending (on new supply, existing homes, and community work) and how they
         constantly strive to improve.

      e) Promote and protect public and private investment - To maintain the
         confidence of private sector lenders and investors to finance improvements in
         neighbourhoods and the building of more homes. A modern risk-based
         regulatory framework makes access to private finance cheaper than it would
         otherwise be. TSA estimate that this benefit is worth about £250 per year per
         home, a benefit that helps reduce the cost of social housing to the taxpayer and
         to tenants.

      f) Encourage and support a supply of well-managed social housing - It is important
         for potential tenants and those living in overcrowded homes that providers help
         increase the supply of affordable homes. The value for money standard will help
         promote a more efficient sector, the allocations standard will help to ensure that
         the process is fair and flexible.

3.0   The six national standards

3.1   The TSA propose to introduce the national standards, set out at Appendix A, which
      are designed to reflect the experience of and outcomes for tenants. They are
      intended to safeguard customer choice, facilitate resident engagement and help
      protect tenants in relation to their housing and housing-related services.

3.2   In addition, registered providers are required to develop a range of local standards
      to supplement the national standards. These will drive the delivery of services
      tailored to local needs and aspirations. Local standards cannot vary the national
      standard, but should complement, strengthen or tailor national standards, reflecting
      local priorities and aspirations.

3.3   Members should note all registered providers will be expected to publish their plans
      for developing local standards, in conjunction with residents, by 1 st October 2010.

3.4   All providers will be expected to have local standards in place no later than 1 st April
      2011. Plans are expected to include:

      a) The establishment of targets

      b) Details of how performance will be monitored and communicated to tenants

      c) Tenant scrutiny methods and comparison with other providers

      d) Forms of recourse where local standards are not met, and

      e) Arrangements for annual review of local standards.

3.5   The TSA believe the best place for the quality of services to be discussed, agreed and
      scrutinised is locally between providers and their tenants. The standards require
      providers to set out what they offer to tenants and set local standards that reflect
      the priorities of local communities.

3.6   These proposals balance new demands on providers to be transparent and report on
      performance to their tenants, and hold themselves to account – with a significant
      reduction in red tape, with no TSA Codes of Practice, the removal of thousands of
      individual regulatory consents, and the passing of over 50 detailed Housing
      Corporation circulars and guidance notes.

3.7   Registered providers must meet the TSA standards. Where they do not, the TSA will
      expect speedy self-improvement and where this is insufficient there are new
      graduated range of enforcement powers to ensure that tenants get the service they
      deserve.

4.0   The ten principles to shape regulation

4.1   The TSA proposes that the regulation should be shaped by the following ten key
      principles:

      1. National standards will be established based on clear criteria.
      2. The national standards will be clear, succinct, based on outcomes and avoid
         prescribing detailed processes.


      3. The national standards framework will require providers to agree local standards
         with their tenants for the areas of service that are relevant to them locally.

      4. Every tenant matters, expectations that providers understand and respond to
         the particular needs of their tenants and to demonstrate how they have taken
         into account the needs of tenants across the six diversity groups.

      5. Promote transparency in reporting of performance by providers for tenants and
         local authorities (in their strategic role) in the areas they operate.

      6. Good governance is a universal principle and is essential to the quality of service
         delivery, financial robustness and value for money.

      7. To promote effective forms of independent validation, audit and benchmarking
         of performance to encourage providers to continually improve and free the best
         from unnecessary red tape.


      8. For the national service delivery standards, resources will be focused in 2010-11
         on identifying and addressing the worst performing providers, where tenants are
         being let down by their provider’s performance.


      9. The standards framework must support the principle of sector-led improvement,
         where problems are identified the provider will usually be offered an opportunity
         for speedy self-improvement


      10. Registration criteria should encourage new entry into the social housing sector,
          consistent with the objectives in the 2008 Housing and Regeneration Act.

5.0   ‘A new regulatory framework for social housing in England’ – A Statutory
      Consultation

5.1   As stated in the ‘Background’ section of this report CLG have now produced
      statutory consultation on the ‘new regulatory framework for social housing in
      England’.

5.2   The key consultation questions are attached at Appendix B with the full consultation
      document available in the Members room, for Members of the Committee to
      comment upon.
5.3   It is proposed, in considering Member’s comments, the Strategic Housing Manager
      will work with Newark and Sherwood Homes Property and Estates Manager to draw
      up a full response to the consultation. The closing date for responses is 5th February
      2010.

5.4   After considering responses to this document decisions on the new regulatory
      framework will be made by CLG before 1 April 2010. The introduction of the new
      system of regulation for social housing providers will implement the powers given to
      the Tenant Services Authority in the Housing and Regeneration Act 2008.

6.0   Newark and Sherwood Homes: Tenant Involvement

6.1   Newark and Sherwood Homes have already facilitated local conversation events
      throughout 2009 to support the consultation process undertaken by the TSA.

6.2   In March 2009 over 1000 invitations were issued to difficult to reach groups and
      tenants who do not usually engage with Newark and Sherwood Homes for events in
      Ollerton, Blidworth, Newark and Collingham. A questionnaire was circulated with the
      invitations and feedback was gathered from this process.

6.3   Two further local events took place in September 2009 to help the TSA establish a
      clear set of standards that are important to tenants by listening to their views and
      feeding these back to the TSA. For those that could not attend these events Newark
      and Sherwood Homes set up the TSA Big Pink Comments Book which was made
      available to everyone for comments.

6.4   Newark and Sherwood Homes arranged for the TSA to attend the Annual Tenants
      Conference in November 2009 to present a series of workshops to further cement
      the role of Newark and Sherwood Homes, and its tenants, to shape the future of
      social housing regulation.

6.5   From these consultation exercises Newark and Sherwood Homes have already
      gathered a range of feedback to identify tenant priorities and concerns on the role of
      the TSA.

6.6   Once the new regulation system is implemented Newark and Sherwood Homes,
      making use of the information already gathered and commencing a further tailored
      package of consultation events, will draw up a suite of local standards.

6.7   The Strategic Housing Manager will be kept informed on the progress of this matter,
      taking into consideration that a plan to develop the local standards needs to be in
      place by October 2010 and finalised by April 2011, as detailed at paragraphs 3.3 and
      3.4.
6.8    Members of the Committee will be kept informed on this matter at the relevant
       times and it is proposed that a Member event will take place further to the
       completion of the tenant consultation to discuss the draft local standards.

7.0   Recommendation

      The Committee note the contents of the report and provide any comments it would
      like to make on the regulation proposals set out by the Tenant Services Authority
      (TSA).

Background Papers

Copies of the statutory consultation ‘A new regulatory framework for social housing in
England’ can be found in members’ room.

For further information please contact Rob Main, Strategic Housing Manager, on Extension
5930.

A Statham, Head of Housing and Environmental Services
APPENDIX A

NATIONAL STANDARDS

Six national standards for social housing providers which are the centrepiece of the new
regulatory framework;

   1. A tenant involvement and empowerment standard – This standard will apply to all
      registered providers. Registered providers will be able to show they have
      arrangements for understanding their tenants, their views and needs so that in all
      the standards, they can use this information to provide tenants with accessible,
      comprehensive and timely information. Having consulted their tenants, registered
      providers must have arrangements in place that support and enable tenants to be
      involved and empowered.

   2. Home standard – This standard will apply to all registered providers. Registered
      providers must ensure that all homes are warm, weatherproof and have modern
      facilities. Registered providers must ensure tenants’ homes either meet the Decent
      Homes Standard set out in the Government’s Decent Homes Guidance or meet the
      standards of design and quality that applied when the home was first built, and were
      required as a condition of publicly funded financial assistance, if these standards are
      higher than the Decent Homes Standard. Registered providers must meet the
      standard by 31 December 2010.

   3. Tenancy standard – This standard will apply to all registered providers apart from
      the rental element which only applies to not-for-profit and for-profit registered
      providers. Local authority landlords are currently subject to a different rental policy
      which has been set by the Government. Registered providers will co-operate with
      local authorities’ strategic housing function, and their duties to meet identified local
      housing needs. This includes assistance with local authorities’ homelessness duties,
      and through meeting obligations in nominations agreements.

   4. Neighbourhood and Community Standard – This standard will apply to all registered
      providers. Registered providers will consult with tenants in developing their policy
      for maintaining and improving the neighbourhoods associated with their homes.
      This applies where the registered provider has a responsibility for the condition of
      that neighbourhood. The policy must include any communal areas associated with
      the registered provider’s homes. The registered provider must publish this policy.

   5. Value for money standard – This standard will apply to all registered providers.
      Registered providers publish, as part of their communications with their tenants,
      information on at least an annual basis that demonstrates how they have allocated
      and prioritised expenditure on different areas of housing services covered by the
     national standards and their local standards and other priorities such as investment
     in the supply of new social housing.

6.   Governance and Financial Viability Standard – The standard will apply to all not-for-
     profit and for-profit providers. It will not apply to local authority providers as
     different arrangements exist for regulation of these areas across the wider range of
     local authority service provision.
APPENDIX B

KEY CONSULTATION QUESTIONS

The Tenant Services Authority is consulting on whether their proposals best meet the
objectives Parliament set for them; consultation response close date is 5 th February 2010.
For tenants, landlords, lenders and other stakeholders who have an interest in the social
housing sector, this consultation is an opportunity to influence how the Tenant Services
Authority implement their new powers by considering the following questions;

   1. Does the approach to co-regulation as expressed through the ten principles seem a
      reasonable basis on which to develop the new framework from 1 April 2010?

   2. Does the approach to setting national and local standards appear reasonable for the
      requirements that will apply from 1 April 2010?

   3. Does it seem reasonable to extend the same approach to those providers owning
        less than 1,000 properties, taking into account their size and risk profile in a
        proportionate approach to compliance?

   4. Do the proposals on how to approach the regulation of local authorities appear
      reasonable?

   5. Does the proposed text for the following standards:

   1. Involvement and Empowerment
   2. Home
   3. Neighbourhood and Community
   4. Tenancy
   5. Value for Money
   6. Does the proposed text for the Governance and Financial Viability standard:


        Address priorities for tenants whilst taking into account our duty to have regard to
        the desirability of registered providers being free to choose how to provide services
        and conduct their business?
        Express requirements of providers in a way that is clear, succinct and as outcome
        focused as possible?
        Allow registered providers to choose how to conduct their business whilst ensuring
        the security of social housing assets for current and future tenants?
        Express requirements of providers in a way that is clear, succinct and as outcome
        focused as possible?

   6. Does the TSA’s approach to monitoring and compliance against the standards and
        regulatory requirements seem a reasonable basis for ‘how’ we regulate in 2010-11?

   7. Does the approach to dealing with complaints seem reasonable?
 8. Is the general approach to using the formal regulatory and enforcement powers
    reasonable?

9. Do the proposals for establishing registration and deregistration criteria seem
    reasonable?

10. Does the approach to issuing directions on Accounts and the Disposal Proceeds Fund
    seem reasonable?
EXTERNAL RELATIONS AND PARTNERSHIPS                                      AGENDA ITEM NO. 14
OVERVIEW AND SCRUTINY COMMITTEE
24TH FEBRUARY 2010

PROPOSED WORK PROGRAMME: 2010/11

REPORT PRESENTED BY: KIRSTIN COLE – STRATEGIC DIRECTOR (CUSTOMERS & RESOURCES)


Executive Summary

To present to the Committee a list of suggested topics that Member’s may wish to consider for
inclusion in a work programme.

Recommendation

That the Committee consider the list attached at Appendix A and submit any further topics to be
included in the work programme for 2010/11.


1.0    Background

1.1    Attached at Appendix A is a list of suggested topics that Members may wish to consider as
       being appropriate for review during the Municipal year. Members may wish to suggest
       additional topic areas for consideration provided that these fall within the remit of the
       Committee.

2.0    RECOMMENDATION

       That the External Relations & Partnerships Overview & Scrutiny Committee consider the
       list attached at Appendix A and submit any further topics to be included in the work
       programme for 2010/11.

Background Papers

Nil

For further information please contact Kirstin Cole on extension 5210.

K.H. Cole
Strategic Director (Customers & Resources)
                                                                              APPENDIX A


                     EXTERNAL RELATIONS & PARTERNSHIPS
                      OVERVIEW & SCRUTINY COMMITTEE

 Possible Areas to Review and Examine as Part of any Future Work Programme:

Nottinghamshire County Primary Care Trust:
(i)    Newark and Sherwood Annual Report
(ii)   Health Profile
(iii)  Strategic Health Review

Nottinghamshire County Council:
(i)    Care Homes
(ii)   Nottinghamshire County Council Highways – Community Transport
(iii)  Highways Maintenance (including gritting and repairs to cold weather damage to
       road surfaces)

Sign Posting Scheme for the over 60’s – Update Report

Community Safety Partnership
(Specific areas to be addressed to be determined after consultation with the Community
Safety Manager. A further report to be submitted to 2nd June 2010 meeting of the
Committee)

Newark and Sherwood Homes – Ongoing Review and Future Arrangements

Newark and Sherwood Local Strategic Partnership
(Specific areas to be addressed and determined after consultation with the Community
Planning Manager. A further report to be submitted to 2nd June 2010 meeting of the
Committee)

Nottinghamshire Local Area Agreement

Relationships with Parish Councils (Working Party established)

Nottinghamshire Fire and Rescue – Talk 2 us consultation and future service provision
update

Nottinghamshire Ambulance Service – report on service provision within the district

Rural Community Action Network (RCAN)

				
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