The Head of Strategic Housing has decided to approve minor operational amendments to the Housing Allocation Scheme in response to new legislation regarding victims of domestic abuse and care leavers.

URL: https://democracy.crawley.gov.uk/ieDecisionDetails.aspx?ID=796

Decision Maker: Head of Strategic Housing

Outcome: Recommendations Approved

Is Key Decision?: No

Is Callable In?: No

Purpose: The Head of Strategic Housing in consultation with the Cabinet Member for Housing was invited to approve minor operational amendments to the Housing Allocation Scheme, pursuant to Delegation 7.e of the Strategic Housing Executive Decision Making Sub-Delegation Scheme, in response to the introduction of recent statutory legislation. The Government introduced new statutory legislation ‘The Allocation of Housing (Qualification for Victims of Domestic Abuse and Care Leavers) (England) Regulations 2025’ which came into force in July 2025 and amends the qualifying persons criteria for local authorities housing registers. The new legislation ensures that local connection criteria does not apply to people assessed as fleeing domestic abuse and to an ‘eligible child, a relevant child or a former relevant child’ [young person owed leaving care duties] from another area. Councils can still retain discretion over allocations and relative priority between applicants based on housing need in their areas. As a result of the legislation two minor operational amendments to the Housing Allocation Scheme are now required to ensure legal compliance with this new regulation. Failure to make these changes would result in the Council operating an unlawful scheme and subject to legal challenge and judicial review.

Content: The Head of Strategic Housing in consultation with the Cabinet Member for Housing was invited to approve minor operational amendments to the Housing Allocation Scheme, pursuant to Delegation 7.e of the Strategic Housing Executive Decision Making Sub-Delegation Scheme, in response to the introduction of recent statutory legislation. The Government introduced new statutory legislation ‘The Allocation of Housing (Qualification for Victims of Domestic Abuse and Care Leavers) (England) Regulations 2025’ which came into force in July 2025 and amends the qualifying persons criteria for local authorities housing registers. The new legislation ensures that local connection criteria does not apply to people assessed as fleeing domestic abuse and to an ‘eligible child, a relevant child or a former relevant child’ [young person owed leaving care duties] from another area. Councils can still retain discretion over allocations and relative priority between applicants based on housing need in their areas. As a result of the legislation two minor operational amendments to the Housing Allocation Scheme are now required to ensure legal compliance with this new regulation. Failure to make these changes would result in the Council operating an unlawful scheme and subject to legal challenge and judicial review. The Head of Strategic Housing following consultation with the Cabinet Member for Housing approved with immediate effect the following minor amendments to the Housing Allocation Scheme: Amend the second from last bullet point in 2.4.2.1 to “An applicant who would otherwise qualify for the housing register having escaped domestic abuse from outside the borough”. Amend the last bullet point in 2.4.2.1 to “A young person who is owed leaving care duties under the Children’s Act 1989. Additional priority will be awarded to young people owed leaving care duties by West Sussex County Council”. Update the banding scheme to ensure West Sussex care leavers continue to receive additional priority (Band A) and those from outside the county placed into Band B.

Date of Decision: August 13, 2025