Decision details

To identify the potential for conflicts of interest that may arise as a result of a housing transfer proposal.

The Communities and Local Government (CLG) Housing Transfer Guidance emphasises the need to ensure an appropriate degree of independence between the local authority and the prospective new housing association landlord throughout the transfer process.  This is to avoid conflicts of interest or any perception of any such conflicts. 

Some elected members and council employees will inevitably have dual roles in the early stages, particularly prior to a ballot and there are consequently requirements on members to declare interests. 

This report considers these issues and recommends the adoption of a protocol and appropriate decision making arrangements designed to minimise the risk of conflicts arising during the pre ballot and any post ballot phase.

The issues of personal liability and shadow directorship are also explored along with appropriate measures to mitigate against such risks where appropriate although overall these have been assessed to be low in terms of their likelihood even in any post ballot phase of the Housing Futures process.

Council RESOLVED that the protocol to guide members and employees involved in a potential housing transfer, attached to the report submitted to the Portfolio Holder’s meeting, be adopted subject to the following changes:

Paragraph 4.1.5: Refer to ‘commercially sensitive’ not ‘confidential’ information.

Paragraph 4.2.3: Deletion of this paragraph:

‘(Members will) Not undertake any formal role on behalf of tenants in connection with the possible establishment of the new local housing association. For example acting as a formal or informal tenants advisor, or act for or on behalf of a tenants lobby group.’