'Social Housing Discrimination' against forces personnel and their families - the campaign for legislative reform

The Housing Act 1996

Section 199 of the Housing Act 1996 discriminates against regular armed forces personnel and their families. It removes from personnel who have been stationed in a district, or partners or family members who have been living with them, the right to claim a local connection with that district when applying to a housing authority for social housing.

Section 199 treats service personnel in exactly the same way as prisoners who have been resident in the district because they have been detained there.

text of section 199 of the Housing Act 1996 on this page

Origins of the discriminatory provision

The origins of the provision lie in section 18 of the Housing (Homeless Persons) Act 1977. In a debate in the House of Commons on 8th July, 1977 the MP for Gosport had drawn attention to the fact that some 3,500 families left Portsmouth Home Command each year. A large number of local authorities were ignoring ministerial advice that sympathetic consideration should be given to their claim to be accommodated in the localities in which they lived before joining the forces. He felt that it was unreasonable that Gosport should shoulder the burden of looking after all these families who might be homeless.

After what is now thirty years' experience of the homeless persons legislation, it is hoped that such concerns have much reduced since 1977.

The Housing and Regeneration Bill:

The Housing and Regeneration Bill was introduced in Parliament by the then Secretary of State for Communities and Local Government on 15 November 2007. Clause 270 of the Bill would amend the objectionable section 199 of the Housing Act 1996, which sets out the circumstances when a person has a local connection with the district of a local housing authority.

External links about the Housing and Regeneration Bill:

Parliament - Housing and Regeneration Bill 2007-08 - Government Bill introduced by Department for Communities and Local Government - Progress of Bill including links to debates
Parliament - Housing and Regeneration Bill 2007-08 - Explanatory Note - Clause 270 - Armed forces: homelessness and allocation of housing

Section 199, Housing Act 1996

(1) A person has a local connection with the district of a local housing authority if he has a connection with it—

(a) because he is, or in the past was, normally resident there, and that residence is or was of his own choice,
(b) because he is employed there,
(c) because of family associations, or
(d) because of special circumstances.
(2) A person is not employed in a district if he is serving in the regular armed forces of the Crown.
(3) Residence in a district is not of a person’s own choice if—
(a) he becomes resident there because he, or a person who might reasonably be expected to reside with him, is serving in the regular armed forces of the Crown, or
(b) he, or a person who might reasonably be expected to reside with him, becomes resident there because he is detained under the authority of an Act of Parliament.
(4) In subsections (2) and (3) “regular armed forces of the Crown” means the Royal Navy, the regular forces as defined by section 225 of the [1955 c. 18.] Army Act 1955, the regular air force as defined by section 223 of the [1955 c. 19.] Air Force Act 1955 and Queen Alexandra’s Royal Naval Nursing Service..

Source: Office of Public Sector Information

Housing and Regeneration Bill (2007-08)

From the draft Bill as introduced

313 Armed forces: homelessness and allocation of housing

In section 199 of the Housing Act 1996 (c. 52) (local connection test for
homelessness and housing allocation purposes: different treatment of armed
forces) omit—
(a) subsection (2),
(b) in subsection (3), paragraph (a) and the “or” following it,
(c) subsection (4), and
(d) in subsection (5), the word “other”.

Updates

24 July

The Housing and Regeneration Act 2008 has been passed and has now been published. Amongst other things, the Act abolishes a provision in previous housing legislation which prevented regular armed forces personnel and their families from claiming a 'local connection' in the area where they had been stationed. The change (section 315) comes into force two months after the passing of the new Act.

commentary on 'Army Rumour Service' unofficial community website

22 July

The Housing and Regeneration Bill cleared its final stages in Parliament on 21 July, and is due to receive the Royal Assent today.

12 July

The Housing and Regeneration Bill has now completed its Report Stage in the House of Lords, and is set down for Third Reading on 17 July. Final so-called 'ping pong' procedures in both Houses are now scheduled for 21 July.

Clause 313 of the Bill will remove the infamous 'social housing discrimination' which made it even more difficult for homeless ex-service people to qualify for social housing in the area where they were serving. The discrimination also affected families, including separating partners.

Clause 313 has cross-party backing and the campaign for it was instigated by British Armed Forces Federation member Nick Cowan while he was still serving in the Army. Nick has had strong support throughout from both The Royal British Legion who promoted an online petition, and from BAFF whose ongoing assistance has included Counsel's Opinion on the legal implications of the discriminatory legislation.
BAFF continues to monitor the parliamentary progress of Clause 313, and is grateful to those members of the Upper House who, at the Federation's request, have been keeping a friendly eye on the final stages of the Bill.

BAFF British Armed Forces Federation. Representing the Professionals

independent professional staff association for HM Forces

tri-service - all ranks - regulars and reserves Joining enquiries - call 0800 458 1956