Issue - meetings

The report seeks approval for a proposed addition to the Scheme of Delegation for Housing, to enable legal action to be taken against perpetrators of social housing fraud and in accordance with the Prevention of Social Housing Fraud Act 2013. 

Recommendation

It is recommended that the Executive agrees the proposed changes set out in paragraph 5 and recommends to the Council that the Scheme of Delegation be amended accordingly.

139.1  The Prevention of Social Housing Fraud Act 2013 introduced a range of new powers for housing providers in addition to making it a criminal offence for tenants to sublet or part possession of their socially rented home.  The Act gives local authorities the power to prosecute for this new offence.  There is no obligation to bring criminal proceedings social housing landlords can decide the most appropriate way forward. 

139.2  The penalties for committing social housing fraud, if convicted, range from a £5,000 fine to up to two years imprisonment and a fine of £50,000.  The Corporate Overview and Scrutiny Housing Improvement Sub-Committee received a revised Tenancy Fraud Policy and cover report on 9 January 2017.  The Committee supported the Policy and requested the addition of a reference to data protection and expanded the awareness section.

139.3  It is proposed that the Scheme of Delegation be amended as follows to include this provision :

“152A             Authority to prosecute persons for offences under the Prevention of Social Housing Fraud Act 2013.

Borough Solicitor upon the recommendation of the Head of Housing Operations.”

and

“152B             Authority to seek restitutionary payments in accordance with the Proceeds of Crime Act 2002, and request data sharing with banks, utility, telecommunication companies and any other organisation that information may be required from to tackle and detect tenancy fraud in accordance with the Prevention of Social Housing Fraud Act 2013.

Head of Housing Operations after consultation with the Portfolio Holder for Housing."

139.4  The proposed changes to the Scheme of Delegation are intended to give the Housing Service the ability to seek, detect, tackle and deter social housing fraud in addition to holding fraudsters to account.  The Executive set out in paragraph 139.3 and

RECOMMENDS that

122.    the proposed changes set out in paragraph 139.3 be approved and the Scheme of Delegation be amended accordingly.

[Reason: to approve an addition to the Scheme of Delegation in accordance with legislation]