Consultation

Associations are statutorily obliged to consult secure tenants on decisions of housing management as defined in Article 40(2) of the Housing (Northern Ireland) Order 1983. The Department’s Regulatory Code also requires that Associations must seek and be responsive to the views of the community.

The impact of any project on a community can be complex. Undertaking consultation can have significant benefits for the Association both in terms of informing their decision making and in making people feel involved. Genuine consultation is therefore a necessary stage in the process for getting project approval.

Genuine and early consultation is critical to the success of social housing schemes particularly in already established communities and whilst every effort must be made to ascertain and address real concerns, community resistance to social housing per se, should not in itself result in a scheme being abandoned.

Associations must ensure that adequate structures are in place to consult all appropriate stakeholders, including prospective neighbours, when considering new projects and purchases of property or land irrespective of how funded. The consultation exercise must be conducted in a timeframe that allows for real engagement and the resolution of issues.

It is also necessary for Associations to certify on the Application for Project Approval forms (TA1 and NT1) and provide evidence to reflect that they have completed the consultation process.

In the interests of tenant confidentiality, Associations should note that consultation may not, as a rule, be required for Existing Satisfactory Purchases unless a number of ESPs are planned for a particular area or an ESP is likely to be considered novel or contentious.

 

Effective consultation can benefit Associations in the following ways-

 

The Seven Consultation Criteria as outlined in the HM Government Code of Practice on Consultation are:

The full Code of Practice and additional guidance can be accessed at http://www.bis.gov.uk/files/file47158.pdf

 

In the interests of tenant confidentiality, Associations should note that consultation may not, as a rule, be required for Existing Satisfactory Purchases unless a number of ESPs are planned for a particular area or an ESP is likely to be considered novel or contentious.

However, Associations must consult Estate Agents and/or vendors to ensure that there are no occupants of the properties to be purchased who may be made homeless or threatened with homelessness as a result of the proposed purchase(s).

 

In addition to the above, Associations should make a pre-contract request to the landowner to ascertain if any restrictions/covenants exist in the lease/contract which may prohibit the Association from purchasing units for use by social tenants.

 

Where the project involves a Joint Management Partner the Association will liaise with the Partner regarding the method of consultation to be used taking into account the proposed client group. For some projects, it may be decided that it would be appropriate that the consultation process is carried out by the Partner and not directly by the Association. Reasons for this may include the type of project being proposed, the intended client group, or perhaps in the case of an extension to an existing building or services already provided by the Partner. In cases where the Partner is carrying out the consultation exercise the Housing Association must satisfy itself that the consultation has been genuine and timely and that any concerns raised have been fully addressed.

 

It is imperative that detailed consultation policies/ procedures are approved by an Association’s Board and reviewed on an annual basis. In all cases, when a consultation process has been completed the Association’s staff should advise the Development Committee of the outcome of the consultation exercise at the next Development Committee meeting. The Development Committee may request that further consultation or an alternative method of consultation is undertaken. This is likely to occur when the consultation has highlighted community concerns or issues that need to be addressed before the scheme is developed further. As outlined in paragraph 1 above, all consultations must be satisfactorily completed before an application is made to the Housing Executive’s Development Programme Group for scheme approval.

 

For the purposes of any audit, Associations must ensure there is evidence that consultation has been undertaken and that supporting documentation is retained. Furthermore, Development Committees must note in the minutes of the relevant meeting that they are satisfied with the Association’s consultation process and their agreement to proceed.