|
Bath & North East Somerset Council | |||
|
MEETING: |
Housing Transfer Sub Committee |
AGENDA | |
MEETING DATE: |
14 September 1998 |
||
REPORT AUTHOR: |
Director of Housing & Social Services & Head of Legal Services |
||
RESPONSIBLE OFFICER: |
Annie Shepperd and Vernon Hitchman |
||
TITLE: |
|||
WARD: |
ALL | ||
BACKGROUND PAPERS: NONE | |||
AN OPEN PUBLIC ITEM | |||
1. SUMMARY
1.1 This report sets out a proposed ballot process and the key issues to be taken into consideration if the Council decides to proceed.
2. RECOMMENDATION
2.1 That having considered the reports on Stage I Consultation and Valuation Update, the Sub Committee agree to recommend to Council that it proceed to Stage II Consultation (a formal ballot of tenants) on the proposal to transfer the Council's homes to Somer Community Housing Trust, on the basis of the offer as set out in the Formal Consultation Document for tenants.
2.2 That the Sub Committee agree to hold a separate ballot of long leaseholders and shared owners on the basis of the offer as set out in the Formal Consultation Document for Leaseholders.
2.3 That the form of the Ballot Slips attached as Annex A and Annex B be agreed for use should the Council decide to proceed with the ballot of tenants (A) and leaseholders (B).
2.4 That the ballot timetable as set out in paragraph 6 be agreed.
2.5 That the Council be recommended to agree a Special Meeting of the Full Council to consider the ballot result shortly after the 21 October.
2.6 That the Electoral Reform Society be appointed to carry out the ballot of tenants and leaseholders for the sum of £20,826 (noting the minor variance depending on the ballot turnout), and that the Sub Committee records its approval in accordance with paragraph 9 of the Council's Standing Orders relating to the engagement of consultants.
3. RESOURCE AND CORPORATE POLICY IMPLICATIONS
3.1 Financial - The cost of appointing the Electoral Reform Society to carry out a ballot of tenants and of leaseholders is well within the pre ballot budgetary provision allocated by this Sub Committee for the ballot process and compare well with costs incurred by other consultants.
The Council's Standing Orders relating to the engagement of Consultants permit the appointment of Consultants in exceptional circumstances and with prior Committee approval without competition if there is a lack of effective competition; or the work is of a specialist nature; or to allow continuity of previous work; or there is limited programme time. The appointment of the Electoral Reform Society would qualify on 3 out of the 4 of these circumstances.
The quotation received for the work from the Electoral Reform Society is £20,826 and is based on a 75% turnout. If the turnout is higher then the cost increases on a pro rata basis for the free post replies. The cost would increase by around £34 for each percentage point above a 75% turnout and correspondingly would reduce if the turnout was lower. The maximum cost would be £21,687.50.
3.2 Staffing - There are no staffing implications as the ballot is carried out independently of the Council and the Housing Trust.
3.3 Equalities - The Electoral Reform Society have been asked to ensure that they make the ballot slips and information available in alternative formats upon request. They can provide large print and braille.
3.4 Economic - There are none.
3.5 Environmental - There are none.
3.6 Council Wide Impacts - The ballot cannot be carried out by the Council itself an so the appointment of specialist consultants is necessary.
4. BACKGROUND
4.1 The Council commenced Stage I of the consultation process on the transfer proposal in Mid July. It issued a formal consultation document to all tenants (and a separate one for leaseholders) inviting comments by 28 August 1998.
4.2 A report earlier on the agenda suggests that the Council may now proceed to Stage II of the formal consultation process i.e. a ballot of secure tenants. It also suggests holding a separate ballot of leaseholders.
4.3 There is no statutory requirement to hold a ballot. The Department of the Environment Transport and the Regions (DETR) however advise that holding a formal ballot is probably the best way in which the Council can demonstrate "that a majority of tenants are not opposed to the transfer".
4.4 The DETR Guidance requires:
· Any ballot would only involve secure tenants of the disposing authority.
· Any tenants with a suspended possession order where the tenant is not complying with the order and steps have been taken to set an eviction date are excluded from the ballot.
· That the ballot is properly conducted by an independent organisation
· Ballot papers should be delivered to each tenant separately from any other material sent by the Council or the Housing Trust.
· During the ballot period the Council should refrain from issuing further new material, but can still clarify issues or respond to inaccurate or misleading information.
4.5 The process requires the issuing of a Stage II notice which:
· Describes any significant changes in the proposal
· States that objections may be made to the Secretary of State within 28 days (minimum period)
· Draws attention to the fact that he may not give his consent to a transfer if it appears to him that the majority of tenants were opposed to the transfer.
· Should state the mandate from tenants required to proceed.
4.6 The DETR consider that a simple majority of those voting in favour is sufficient to indicate tenant support for a transfer. This approach was agreed by the Housing Transfer Sub Committee at its meeting in June and was subsequently set out in the Formal Consultation Document. The DETR require this to bind the Council's future action.
5. CARRYING OUT THE BALLOT
5.1 As stated, the DETR expect the ballot to be carried out under the auspices of an independent body. To date virtually every other ballot carried out by Councils on large scale or estate based transfers has been carried out by the Electoral Reform Society which is a not for profit body. There is no effective competition from any other organisation which would be able to demonstrate a proven track record or be able to conduct a ballot within the timescales which the Council would wish it to be carried out. Under the Council's financial regulations it is possible for the Sub Committee to agree a negotiated fee for this work without competitive quotes being sought.
5.2 Taking advice from the Council's Communications Adviser and the Electoral Reform Society a form of ballot paper is attached as Annex A to this report. There are essentially 2 options available:
· Ballot paper with name and address label
· Ballot paper with no identifying label but numbered instead.
5.3 The latter option is recommended. It is normal for the Electoral Reform Society to be able to identify individual ballot papers in order to exclude those returned from individuals who move or buy their home, or die during the ballot process. It also enables them to ensure that if any duplicate ballot papers are issued that the originals are not fraudulently used. The confidentially of each tenants vote is guaranteed. It is not made available to the Council or the Housing Trust.
5.4 The ballot process undertaken by the Electoral Reform Society will include a blanket reminder letter to all tenants about 10 days before the end of the ballot period.
5.5 The Council will receive 3 figures : the total number who voted, total who voted "yes", and total who voted "no".
6. BALLOT TIMETABLE
6.1 The Council is required to complete the transfer in the current financial year should there be a positive ballot of tenants in favour of the transfer. It is therefore critical to progress the ballot process as quickly as possible. Subject to the agreement of Full Council on 16 September the following timetable is recommended:
23 September : Issue of Stage II Notice
25 September : ballot papers despatched
28 September - 16 October : ballot period
19 October : ballot result known
21 October : end of 28 day statutory notice period.
6.2 It is advisable not to make any public announcement or for Full Council to consider the result until the end of 28 day notice period for representations to be made to the Secretary of State. A full Council resolution is then necessary to proceed with the transfer subject to the ballot outcome. Again in view of the post ballot timetable constraints to complete the transfer, it is recommended that a Special Council Meeting is held shortly after 21 October 1998.
7. LEASEHOLDERS
7.1 The report on the Stage I Consultation earlier on the agenda suggests that a separate ballot of leaseholders be held. The DETR Guidance states that there are no statutory procedures for consulting long leaseholders but that the Secretary of State will take into account their interests when making his decision. Council's are not normally expected to ballot long leaseholders and they should not be included in any ballot of secure tenants. As the report points out however this does not preclude a separate ballot of leaseholders being held by the Council.
7.2 The Electoral Reform Society were asked to include within their quotation a separate ballot for the 519 leaseholders who would be affected by the transfer. A ballot slip is attached as Annex B in the same format as the proposed for tenants. It would however be differently coloured to ensure that they can be easily counted separately.
8. CONSULTATION
8.1 A copy of this report was circulated to Trade Unions on 4 September. Any comments received will be reported to the meeting.
