If an applicant or a member of the applicant’s family has been guilty of ‘unacceptable behaviour’ at the time of application the Council will consider excluding the applicant from the Housing Register.
Receiving an Application
The Council must accept a completed application form. If there is information available or known, relating to previous or existing tenancies, held by the applicant (or family member) and this information has or could have resulted in the Council gaining an Outright Possession Order, we will consider exclusion.
The Council will aim to complete the process, including notification to the applicant, within a 6 week period. Due to the potentially sensitive nature of the process, applications to exclude will be the responsibility of Senior Housing staff. Applications will be registered and immediately suspended, pending the outcome of any decision to exclude.
The Council will inform an applicant in writing immediately, if they are being considered for exclusion. Applicants will be invited to attend an interview, to discuss the grounds for exclusion and the reasons for the application.
The Council will arrange and hold interviews no later than 14 days after the initial letter is sent.
The Exclusion Process
When considering exclusion, the Council will follow Welsh Government guidance. The decision to exclude will be made by applying the 3 stage test set out in Welsh Government’s Code of Guidance.
a) Where there is evidence of unacceptable behaviour was it serious enough to have obtained an Outright Possession Order?
b) Is / Was the behaviour serious enough to render the applicant or a household member unsuitable to be a tenant?
c) We must be satisfied that the applicant is still unsuitable at the time of the application.
It is NOT necessary for the applicant to have been a Council tenant when the unacceptable behaviour occurred. The deciding factor is whether the Council would have been entitled to an outright Possession Order, if the applicant had been a secure tenant. Applicants being considered for exclusion will be kept informed throughout the process.
Applicants have the right to ask the Council to review any decision made regarding eligibility to join the housing register.
An application for a review of a decision must be made within 21 days of receiving written notification of the Council’s decision. Applicants must provide evidence of any change of circumstances or additional information which they feel should be taken into account.
All requests will be considered by the Council and we will inform applicants, in writing, of the result of the review. Applicants have the right to re-apply for housing if they believe their behaviour or circumstances have changed. Applicants must provide proof of any changes.
The Welsh Government Code of Guidance states that a policy of classing all applicants as unsuitable if they were previously evicted on one of the discretionary grounds as likely to be unlawful and that a housing authority must act reasonably. The Council will consider the personal circumstances of each applicant when deciding to exclude.
We will also consider any language, access or communication needs when contacting applicants and arranging interviews.
Investigation and Evidence Gathering
All decisions to proceed with exclusion will be based on the individual merits of each case, after gathering the appropriate evidence and making proper investigations.
Applicants will be notified in writing of the decision whether to proceed with exclusion or not.
The Council will always inform applicants if there is likely to be a possible delay in the process for requesting Exclusion.