32Co-operation between social landlords and local housing authorities

After section 96 of the 2014 Act (co-operation in certain cases involving children) insert—

96ACo-operation between social landlords and local housing authorities(1)

Where a local housing authority owes a duty to an applicant under section 75, it may request a social landlord that provides accommodation in its area to make the applicant an offer of suitable accommodation in its area.

(2)

For the purposes of this section and section 96B, “social landlord” means—

(a)

a registered social landlord, or

(b)

a private registered provider of social housing.

(3)

In deciding whether to make a request, the local housing authority must have regard to the availability of suitable accommodation in its area held by it.

(4)

Where a local housing authority makes a request under subsection (1), a social landlord must, within a reasonable period, comply with the request unless the landlord has good reasons for not doing so.

(5)

A social landlord which provides accommodation in the area of a local housing authority must comply with any reasonable request for information in relation to that accommodation made to it by the authority in connection with the exercise of the authority’s functions under this section.

(6)

The Welsh Ministers must give guidance as to what constitutes—

(a)

a good reason for the purposes of subsection (4);

(b)

a reasonable period for the purposes of subsection (4);

(c)

a reasonable request for the purposes of subsection (5).

(7)

Before giving any such guidance, the Welsh Ministers must consult—

(a)

such associations representing local authorities in Wales,

(b)

such associations representing social landlords, and

(c)

such other persons,

as they think appropriate.

(8)

A social landlord must have regard to guidance given under this section.

96BDirections to require compliance with requests under section 96A(1)

Subsection (3) applies if—

(a)

a social landlord does not comply, within a reasonable period, with a request made by a local housing authority under section 96A(1), and

(b)

the local housing authority considers that, having regard to any explanation given to the authority by the social landlord, the social landlord does not have a good reason for not complying with the request.

(2)

Subsection (3) also applies if the social landlord does not respond, within a reasonable period, to a request made by a local housing authority under section 96A(1).

(3)

The local housing authority may refer the matter to the Welsh Ministers.

(4)

After receiving a referral under subsection (3), the Welsh Ministers must notify the social landlord of—

(a)

the referral, and

(b)

the period for making representations to the Welsh Ministers on the referral.

(5)

If, after considering the referral and any representations made by the social landlord, the Welsh Ministers consider that the social landlord does not have a good reason for not complying with the request made by the local housing authority or did not respond to such a request, the Welsh Ministers may direct the social landlord to comply with the request within such period as may be specified in the direction.

(6)

A social landlord must comply with a direction given to it under subsection (5).

(7)

A direction under subsection (5)—

(a)

must be in writing;

(b)

may be varied or revoked by a later direction;

(c)

is enforceable by mandatory order on application by, or on behalf of, the Welsh Ministers or the local housing authority that made the referral in respect of which the direction is made.