30. Memorandum submitted by the National
Federation of Arms Length Managerial Organisations
INTRODUCTION
1. The National Federation of ALMOs (NFA)
is the representative trade body for Arms Length Management Organisations
(ALMOs). The NFA is a not-for-profit body that aims to secure
a long term financial future for ALMOs, persuade central government
to take account of the interests of ALMOs and establish a vibrant
and innovative independent ALMO sector that will provide decent
homes, raise standards across the public rented housing sector,
achieve excellence in service provision, promote tenant empowerment
and help to deliver broader national and local policy priorities.
2. ALMOs are bodies set up by councils specifically
to manage and improve the local authority housing stock. They
are non-profit making local authority owned companies. The stock
remains within the ownership of the local authority and the tenants
stay secure council tenants. The first ALMOs were established
in April 2002. Rounds one to four of the ALMO programme encompass
705,000 dwellings, nearly 30% of the council stock, while rounds
five and six will lead to the establishment of more ALMOs in 2005
and 2006.
POWER TO
APPLY FOR
ASBOS
3. ALMOs are a new and vibrant part of the
social housing sector. They are committed to providing the best
possible service to their tenants and to helping deliver the key
priorities of the local authority. The ability to deal swiftly
and effectively with anti-social behaviour is essential to achieving
these aims. However, because the sector is so new ALMOs are not
listed in the legislation that allows local authorities and housing
associations to apply for anti-social behaviour orders (ASBOs).
Instead they have to ask the local authority to undertake this
work which only adds another level of bureaucracy that serves
no purpose and leads to potential delays.
4. ALMOs are subject to strict supervision
in order to ensure they deliver high standards of management.
In addition to being monitored by the council and ODPM they must
also achieve at least 2* in an inspection of their service by
the Audit Commission Housing Inspectorate before they can access
ALMO funding. This guarantees that only the best deliverers of
housing management services enter the programme. Addressing anti-social
behaviour is a core housing management function and ALMOs should
be given the same powers as other social landlords to enable them
to deliver an effective service. In any event the court process
itself provides sufficient checks and balances to ensure the power
is not abused.
5. ALMOs work closely with their home councils
and police forces and are key contributors to local authority
corporate anti-social behaviour strategies. However, in order
to be able to contribute effectively to local Crime and Disorder
Reduction Partnership strategies they need to be given the operational
powers appropriate to their role as housing managers. Because
the ALMOs' focus is primarily on the management of the housing
stock they are able to be more single minded and effective in
dealing with anti-social behaviour on council estates. It is the
ALMO that has the direct relationship with tenants and this ensures
it has a stronger interest in ensuring the distress caused by
anti-social behaviour is addressed as speedily as possible.
6. Since it is the ALMO, primarily, that
is committing the resources, paying the costs and collecting the
evidence required to apply for an ASBO it makes more sense for
the ALMO to deal directly with the police and the courts rather
than processing the case via the local authority. In most cases
the operational staff experienced in these matters have, in any
event, been transferred to the ALMO. It is a waste not to use
their knowledge and skills and this would also free up council
officers' time to deal with anti-social behaviour in the wider
community.
7. The deterrent effect of ASBOs is also
relevant. At present the message to perpetrators is confused since
it is not clear which body is generating the ASBO. If tenants
know that the ALMO managing their stock has the power to rapidly
take action against anti-social behaviour then this will help
prevent further transgressions in the future.
8. A number of ALMOs also manage stock on
behalf of other landlords, particularly housing associations.
It would be sensible to allow ALMOs the power to apply for ASBOs
on these properties as well—although it will be for each
landlord, when determining the management agreement, to decide
whether or not to allow the ALMO to use this power on their stock.
REPRESENTATION IN
COURT
9. In some courts ALMOs are not allowed
to represent the landlord without a council solicitor also being
present, which adds an unnecessary cost to the process. This applies
primarily in cases of eviction for arrears and anti-social behaviour
and would also be an issue should the power to apply for ASBOs
be extended to ALMOs. Representation in court is an important
part of the housing management role and is also often a recommendation
in inspection reports. If ALMOs are unable to do this it will
add additional expense and bureaucracy and undermine the effective
management of the stock.
10. ALMO staff are simply carrying out the
management function which has been delegated to the ALMO by the
local authority. However, the approach of the courts has varied,
primarily because ALMOs are so new and courts have little knowledge
of the S27 delegation powers. Court rules on who can represent
the council are not applied in a consistent fashion and this has
led to delays and extra costs in some cases. It would be helpful
if the Government could do more to clarify the role of ALMOs to
courts and other agencies and resolve this issue.
EFFECTIVENESS OF
CURRENT POWERS
11. Under the Regulation of Investigatory
Powers Act 2000 (RIPA) the council still needs to authorise any
surveillance activities undertaken by the ALMO. This can lead
to delays and problems similar to those with ASBOs. Provided the
same controls are put in place as apply in a council the powers
to authorise this activity should be extended to the ALMO in order
to streamline the process.
12. However, subject to the caveat that
ALMOs should enjoy the same legal powers as housing associations
and local authorities the NFA believes that the appropriate legal
tools to address anti-social behaviour are now broadly in place.
There are a range of measures that ALMOs can apply directly including
mediation, Acceptable Behaviour Contracts (ABCs), injunctions
and serving notices.
13. The issue now is the extent to which
the available tools are being used effectively. It can take a
long time to obtain a court hearing for an ASBO application and
defendants frequently delay the process as long as possible while
the system for applying for Legal Aid only encourages this. Since
ASBOs are only applied for in the most serious cases this can
mean that tenants on estates are victimised and intimidated for
many months before any hope of redress. Such cases should be heard
within three months of application. Enforcement of ASBOs and effective
action when the order is breached is another area of concern.
It completely undermines local strategies for addressing anti-social
behaviour if those who break the order go unpunished.
ENVIRONMENTAL ISSUES
14. As the primary point of contact for
residents ALMOs are well placed within the community to offer
a range of services beyond core housing management functions.
This could include providing services to other tenures and performing
environmental functions such as imposing fines for littering or
dog fouling. However, clarification is needed that local authorities
do have the power to delegate such activities to ALMOs where it
is their wish to do so. This would enable ALMOs to take a more
holistic approach to the management of their estates and to take
on a wider neighbourhood management role where this is locally
appropriate.
15. Abandoned vehicles on estates can often
be the focus of anti-social behaviour and the start of a general
decline in the overall environment. It is a key concern for tenants
and action needs to be taken swiftly to remove this blight. However,
ALMOs do not have the power to apply directly to the DVLA for
details of owners of abandoned cars—a letter of authorisation
has to be sent by the local authority for each enquiry—nor
do they have the power to remove the vehicles. This leads to unnecessary
delays in addressing the problem.
ALTERNATIVES TO
LEGAL ACTION
16. Possession orders and ASBOs are very
much a last resort for cases of extreme misbehaviour. However,
there is an increasing lack of tolerance for less serious instances.
For example many residents view playing football in common areas
as anti-social and even intimidating and expect the landlord or
its managing agent to stop it. This can cause friction between
different age groups. ALMOs have a strong community focus that
goes beyond the landlord role. This includes the promotion of
training and employment opportunities for the local unemployed
that is a feature of many ALMO programmes. The Government needs
to make available more resources to a wider group of potential
agencies to develop youth diversion projects that will tackle
the problem of young people with limited access to facilities.
17. More partnership working across agencies
and tenures is essential. Whereas one can understand why schools
exclude disruptive pupils in many cases this simply transfers
the problem to another area, such as an estate. All housing managers
are frequently faced with the difficult choice between the support
needs of vulnerable tenants and the right to quiet enjoyment of
other residents who may be adversely affected by their behaviour.
The homelessness legislation ensures that many vulnerable residents
are housed in local authority stock and not always with an adequate
support package in place. Proactive tenancy sustainment should
now be viewed as a mainstream activity rather than an add on to
the traditional housing management approach. However, this does
lead to higher costs and the housing subsidy system should reflect
this in its assessment of housing management costs.
18. More support is also needed for the
victims of anti-social behaviour and judges should be more sympathetic
to the fears of victims. In a recent case a judge insisted on
sworn affidavits from residents rather than accepting evidence
from the housing officer. This can be a real problem in some cases,
especially where the tenant is vulnerable or residents are afraid
of the perpetrator(s). A balance needs to be set between the rights
of defendants to a fair hearing and the rights of those affected
by the anti-social behaviour.
20 September 2004
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