The Overview and Scrutiny Committee of Tower Hamlets Council met on Monday 19 October 2020, with the primary focus being a call-in regarding amendments to the council's housing allocation scheme. The committee ultimately decided to refer the decision back to the Mayor for reconsideration.

Call-in: Amendments to the Council Housing Allocation Scheme

The committee considered a decision made by the Cabinet on 23 September concerning amendments to the council's housing allocation scheme. The call-in, initiated by Councillors Mark Francis, Tariq Khan, Hamid Papu, Shah Amin, and Shad Chowdhury, sought to challenge two main aspects of the changes: the removal of social tenants under 50 from Band 3 of the choice-based letting scheme, and the reintroduction of a three-year limit for homeless families placed outside the borough on the housing waiting list.

Arguments for the Call-in:

Call-in members, including Councillor Mark Francis and Councillor Tariq Khan, argued that removing existing social tenants from Band 3 would force people to leave the borough and undermine the community, especially in light of the COVID-19 pandemic highlighting the importance of support networks. They stated that these tenants were adequately housed, and their desire to move was often driven by legitimate reasons such as moving closer to family, escaping anti-social behaviour, or seeking better landlords. Concerns were also raised about the three-year cutoff for homeless families, with Councillor Khan highlighting poor communication processes and the potential for families to be placed in a worse position. Councillor Francis also pointed to a successful legal challenge in Lambeth against a similar policy, suggesting potential legal risks for Tower Hamlets.

Arguments Against the Call-in (from Mayor John Biggs and officers):

Mayor John Biggs explained that the changes were necessary due to a severe housing crisis, with long waiting times for social housing. He stated that the proposal to remove existing social tenants from Band 3 was a minor change, as they were already adequately housed, and the council was committed to building more affordable social housing. Regarding the three-year limit for homeless families, the Mayor argued that it was important to be transparent with applicants about the low likelihood of being rehoused within a short timeframe and that the policy was not intended to induce people to move out of the borough under false pretences. Karen Swift, Head of Housing Options, clarified that unlike the Lambeth case, Tower Hamlets would not ask applicants to withdraw their homelessness applications and that statutory rights would not be removed. Legal advice suggested that the Tower Hamlets policy was distinct from the Lambeth judgment, which had not resulted in a court ruling.

Committee Discussion and Decision:

Following extensive questioning and discussion, the committee voted unanimously to refer the decision back to the Mayor for reconsideration. Councillors expressed concerns that the proposed changes did not adequately address the issues raised, particularly regarding the rationale for removing existing social tenants from Band 3 and the potential impact on vulnerable families. Many members felt that the consultation responses, which indicated opposition to the changes, had not been sufficiently considered. The committee also noted the potential for legal challenges, although the precise legal standing was debated. The committee agreed that the call-in reasons, as presented by the calling members, accurately reflected their concerns and would be forwarded to the Mayor.

Pre-Decision Questions for Extraordinary Cabinet

The committee noted that an extraordinary Cabinet meeting was scheduled for Wednesday to address a backlog of decisions. Various questions had been submitted by committee members for this meeting, covering topics such as further school closures and amalgamations, and electric vehicle charging points.

Any Other Business

The committee was informed that a draft work plan for future meetings would be circulated soon, with the next meeting scheduled for Monday, 27 October. No other urgent business was raised.