Rother District Council Agenda Item: 8.1
Report to - Improvement & Resources Sub Committee
Date - 31 October 2007
Report of the - Director of Services
Subject - Shelter Housing Advice – Service Level Agreement
Recommendation: it be RESOLVED that Cabinet be asked:
1) to approve the extension of the existing service level agreement from 1 April 2008 for a period of 3 years in order that it is in line with all SLA agreements; and
2) to agree that should grant funding cease to be available from the DCLG, the Head of Housing be authorised to end the SLA with Shelter.
Head of Service: Anne Fennessy
Introduction
1. The Shelter Housing Advice Service is set up to offer all persons within Rother access to free Housing advice. This Service is funded via the grant that we receive from the DCLG. Shelter also offer the assistance of a Court Desk to enable clients who are being repossessed by their Landlords to receive support within the Court.
2. The service is provided by Shelter National who also have an office in Queens Road Hastings. The Council pay £27,000 per year and this money is taken from the DCLG grant which is for a total of £45,000 per annum, therefore no additional sum is required.
3. Attached to this report are the following Appendices:
Appendix A – Proposed Service Level Agreement
Appendix B – completed SLA scoring sheet
Appendix C - Copies of quarterly reports from Shelter.
4. The existing service level agreement covers the period from 1 April 2007 to 31 March 2008. The service provider’s contract* for Housing advice Services expires on 31 March 2008. The contract allows for renegotiation of the service every year.
Value for money
5. The Shelter advice service offers value for money because they are part of a National organisation that is pre eminent in the area of Housing. Looking at the number of cases that they were able to assist in the last 12 months the cost per case is £145. This compares with the cost of over £300 per week for a family to be placed in temporary accommodation. The cost of Shelter also compares favourably with the cost of a letter from a Solicitor which is around £80 per letter and it must also be remembered that many solicitors are not housing specialists in the same way as Shelter. Therefore it is my view that the Shelter service offers good value for money.
6. They are able to offer free impartial professional advice to all persons in Rother and offer out reach surgeries in Rye, Battle and Bexhill. They are involved in the prevention of homelessness agenda and although they have no accommodation finding services the work they undertake in particular with regard to defending clients against possession actions and ensuring that persons are receiving the correct Housing Benefit are actions that do prevent homelessness.
Conclusion
Members approve the extension of the existing service level agreement from 31 March 2008 for a period of three years until the 31 of March 2011.
Anthony Leonard
Director of Services
Risk Assessment Statement
There is little risk associated with the SLA the money comes from Funding provided by the DCLG if we are able to continue returning results to the DCLG then we will be able to continue this funding for Shelter as I believe this to be achievable given the performance of neighbouring authorities. Supporting an independent advice service is seen as good practice; lack of a service could impact on funding the Council are able to access from DCLG for prevention of homelessness activities.
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Appendix A
PARTNERSHIP FUNDING AGREEMENT
This agreement sets out the detail of the funding relationship between:
Rother District Council
and
Shelter the National Campaign for Homeless People Ltd
Agreement Period: April 1 2008 to March 31 2011
Head of Service: Anne Fennessy
Monitoring Officer: Martin Bolton
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1. DETAIL/ PERIOD OF THE AGREEMENT
1.1. THIS AGREEMENT is made between Rother District Council (“the District Council”), and Shelter the National Campaign for Homeless People Ltd the National Campaign for Homeless People Ltd of 88 Old Street, London, EC1V9HU which is a registered company, number 1038133 and a registered charity (“Shelter”)
1.2. The Agreement covers the period 1 April 2008 to 31 March 2011 and will be reviewed on a yearly basis.
1.3 Negotiations for the renewal of this agreement for the following period will take place in October of the contract period.
2. OBJECTIVE OF AGREEMENT
2.1 The District Council wishes to work in partnership with Shelter to provide a range of housing advisory and support services across the whole of the Rother District for an agreed sum, as set out at 5.1 of this agreement, to an agreed level of quality and performance as set out in the Service Specification at paragraph 7. The purpose of the Agreement is to aid the delivery of a key target in the Council’s Housing Strategy, to develop strong links between local services in Rother and the Rother Community Plan, RDC Corporate Strategy and RDC service delivery.
3. DEFINITIONS and INTERPRETATIONS
3.1. Shelter: For the purpose of this agreement Shelter is defined as an independent organisation that will provide the following services in Rother:
Telephone advice: Initial telephone advice available through Shelter’s free national Helpline, operating on a freephone number between 8am and 12pm. Clients needing ongoing casework will be referred to a surgery to be seen by a caseworker.
Housing Advice Surgeries: To be held at Citizen’s Advice Bureau premises in Bexhill and in Rye and Battle by arrangement.
Court support for clients from Rother by appointment, in attendance at Hastings County Court on housing possession hearing days as required.
3.2. Rother District Council: Rother District Council’s mission is “working with the community to improve the overall well-being of the District”.
The District Council has four Aims:
· Delivering Value for Money
· Building stronger and Safer Communities
· Putting Customers First
· Working in Partnership
4. STATUS OF SERVICE PROVIDER
4.1 In carrying out this Partnership Funding Agreement, Shelter is acting in its own right as an independent agency and not as an agent of the District Council.
5. OBLIGATIONS OF THE PARTIES
5.1 On receipt of the signed Service Level Agreement, the District Council will pay an annual fee of £27,000 (exclusive of VAT) to Shelter by quarterly instalments on 1 April, 1 July, 1 October and 1 January for the period 1 April 2008 to 31 March 2011 subject to the DCLG funding provided to Rother District Council.
5.2 Shelter will supply the services as specified in Appendix A, which sets out the detail of the activity agreed between Shelter and the District Council and provides a monitoring tool against which performance can be evaluated.
5.3 In addition, senior Shelter managers will attend at least four meetings a year, as required to engage with Members and officers.
6. MONITORING
6.1 Key financial and managerial records will be made available for inspection by authorised representatives of the District Council on request.
6.2 The District Council acknowledges the right of Shelter to maintain confidentiality at all times in respect of personal information.
6.3 A copy of Shelter’s Annual Report and audited accounts will be submitted at the end of each fiscal year for financial and managerial monitoring by the District Council. The Annual Report will set out the number of and how organisations and residents in Rother have benefited from Shelter’s services.
7. SERVICE SPECIFICATION
7.1 Service Standards
Shelter will maintain an Equal Opportunities Policy and a Health and Safety Policy as a minimum in its service delivery and employment practices. Trained and experienced personnel will provide any advice and training offered by Shelter. Child Protection Policy applicable.
7.2 Service Receivers
Shelter’s services will be offered regardless of race, gender, religion, sexuality, age, class or disability. Shelter will operate a procedure for dealing with complaints.
7.3 Management
The District Council will be provided with copies of the constitutional and policy documentation for Shelter and with any subsequent amendments.
7.5 Insurance
A copy of Shelter’s Public Liability insurance certificate will be sent to the District Council at the time of its annual renewal. Failure to comply will be construed as termination of this agreement.
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8. REVIEW AND MONITORING OF ACTIVITY
A meeting will be held annually between RDC Housing Needs Manager and a senior manager of Shelter to consider progress and actions taken in accordance with this agreement.
A quarterly report of key results will be submitted to the Head of Housing at the District Council.
9. TERMINATION
9.1.1 Either party may terminate this Agreement:
(a) at any time by giving not less than 6 month’s notice in writing to the other party;
(b) at any time by written notice given to the other party if the other party shall fail or neglect to observe and perform any of its obligations under this Agreement having previously been served a written notice of such failure or neglect and failed to remedy such failure or neglect within a reasonable period (not being less than 28 days) specified by the aggrieved party;
(c) on giving notice in writing to the other if the party shall pass a resolution for winding up (otherwise than for the purposes of a solvent amalgamation or reconstruction where the resulting entity assumes all the obligations of the relevant party under this Agreement) or a court shall make an order to that effect or if the other party shall cease to carry on its business or substantially the whole of its business or becomes or is declared insolvent or commits any act of bankruptcy or convenes a meeting of or makes or proposes to make any arrangement with its creditors or if a liquidator, receiver, administrator, trustee, manager or similar officer is appointed of any of the assets of the other party or any analogous step is taking in connection with the others insolvency, bankruptcy or dissolution.
9.2. The District Council may terminate this Agreement at any time if Shelter gives or offers any gift or consideration whatsoever as an inducement or reward to any servant of a public body or agent of the Crown, such action being a criminal offence punishable by imprisonment. In the event of termination under this clause the District Council shall be entitled to recover from Shelter the amount of any loss resulting from such termination.
10. GENERAL
10.1 This Agreement sets out all the terms and conditions which the District Council and Shelter have agreed regarding the provision of the Service. This means that it supercedes any representations, documents, negotiations or understandings, whether oral or written, made, carried out or entered into before the date of this Agreement.
10.2 Neither party intends to confer any right or benefit upon a third party and for the avoidance of doubt, the provisions of the Contracts (Rights of Third Parties) Act 1999 are expressly excluded from this Agreement.
10.3 This Agreement shall be governed by and shall be construed in accordance with English law; and be subject to the exclusive jurisdiction of the Courts of England and Wales, to which both of us shall submit.
10.4 If one or more of the provisions of this Agreement are or become to any extent invalid or unenforceable under any applicable law then the remainder of this Agreement shall continue in full force and effect. If this happens then both of us shall enter into good faith negotiations to amend the provision concerned in such a way that as amended, it is valid and enforceable and to the maximum extent possible, carries out both our original intent.
10.5 The parties agree to take such action, as the other party may reasonably request in order to give effect to the matters contemplated in this Agreement.
10.6 No amendments to this Agreement shall be effective unless it is in writing and is expressed to be an amendment to this Agreement and is duly signed by authorised persons of the parties hereto.
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For Shelter
Kent Housing Aid Centre
Bull Yard
High Street
Ashford
Kent, TN24 8SN
Name (please print)......
Designation...... ……..
Date…………………………………….
Signature...... …….
For Rother District Council
Town Hall
Bexhill on Sea
East Sussex
TN39 3JX
Name (please print)......
Designation...... ……..
Date……………………………………..
Signature...... …….
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Service Provider contact: Nigel BOLTON
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Service Level Agreement
Draft as at 4th October 2008 Shelter
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Service Level Agreement
Draft as at 4th October 2008 Shelter
Appendix A
Performance Information of the following services to be provided quarterly or on request:
1. Telephone Advice
Target: To be available daily between 8 am and 12 pm
2. Housing Advice Surgeries
Target: To provide housing advice surgeries for a minimum of 60 hours a quarter
4. Court Representation
Target: To provide information on the numbers and outcomes of clients represented in the County Court
5. Homeless prevention
Target: To prevent homelessness occurring in 10% of cases where homelessness is threatened
For the avoidance of doubt it is agreed that this may include (without limitation):
§ Defending possession proceedings including warrants for eviction;
§ Delaying possession to enable clients to secure alternative accommodation;
§ Assistance with benefit applications and other income raising measures that help clients retain accommodation;
§ Advice on landlord and tenant responsibilities eg: disrepair, liability for rent,
§ Liaising with third parties on behalf of clients where accommodation is at risk due to lack of previous liaison eg: rent deposit schemes, Council departments, landlords and others.
For the avoidance of doubt it is agreed that this does not mean solely a reduction in homelessness applications to the District Council, although this may be one measure of reduced homelessness.
6. Outcomes
Target: To provide statistical information of the outcomes of cases closed in each quarter.