A  version of this policy is available here. (PDF format, 4 pages, 13.2 KB)(This link opens in a new window)

Contents

1. Scope of Policy
2. Objective and Principles of the Policy
3. Application for a Pitch
4. Duties of the Applicant
5. Allocations
6. Refusal of an Offer of a Pitch
7. Appeals
8. Monitoring

1.    Scope of Policy

1.1   The Moray Council will deal with all applications in a fair, transparent and equitable manner whilst allocating pitches on the Gypsy/Travelling Families Site at Chanonry Industrial Estate, Elgin.

1.2   The Moray Council will ensure the promotion of equal opportunities by publishing information and documentation in different languages and other formats, such as large print, tape and braille, as required.

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2.    Objective and Principles of the Policy

2.1   The overall aim of the Gypsy/Travelling Families Allocation Policy is to ensure that Gypsy/Travelling Families are allocated pitches in a fair and open way.

2.2   The specific principles of the Gypsy/Travelling Families Allocation Policy are:

• That the Council will apply the Gypsy/Travelling Families Allocation Policy in a consistent manner;
• That the Council will seek to ensure that the Gypsy/Travelling Families Allocation Policy reflects relevant legislation and best value.  It will  also seek to ensure that the Policy does not discriminate between applicants on the grounds of race, gender, sexual orientation, religious belief, disability or age;
• That all stakeholders are involved and consulted in the development of the service and its operational procedure;
• That through supervision, monitoring and feedback, the service is continuously improved;
• To communicate with service users in plain language; and
• That the policy should be supported by detailed procedures and agreed practices applied uniformly across the service.

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3.    Application for a Pitch

3.1    Applications will be considered from Gypsy/Travelling People who are aged 16 years or over. A formal application form must be completed by all applicants, and submitted to the Moray Council providing all of the information requested.

3.2   An application will be subjected to enquiries and previous periods of residence on officially designated sites and tenancies will be reviewed.  References from other Councils may be requested.

3.3   All enquiries will be completed and the applicant will be informed in writing of the decision made within one working day of receipt of the application.

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4.    Duties of the Applicant

4.1   The applicant must inform the Moray Council of:

• The acceptance of a pitch elsewhere;
• A change of address or contact address;
• Changes to the make-up of the household;
• Any other changes to information provided on the application form.

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5.    Allocations

5.1   The offer of a pitch on the Gypsy/Travelling Families Site will be allocated by date order of receipt of the application. The applicant with the earliest date of application will be offered a pitch.

5.2   The Moray Council will assess all applicants on an equitable and consistent basis. However, in the event that there are more applicants than pitches, consideration will be given to the applicant's current circumstances.  An assessment will be made to establish if the applicant has any special needs, for example, medical needs.  In such circumstances the applicant assessed with having the greatest need shall be allocated the pitch.

5.3   Applicants will have no legal right to the pitch until their application has been approved by the Moray Council. 

5.4   In allocating a pitch, the Council will take no account of:

a)   the length of time for which an applicant has resided in the area;

b)   any outstanding liability (for payment of rent or otherwise) attributable to the applicant but which is no longer outstanding;

i)   and

ii)   payments are made in accordance with that arrangement of at least three months; and
iii)   payments are continuing.

c)   the income of the applicants and his/her family;

e)   whether, or to what value, the applicant or any of his/her family owns, or has owned heritable or moveable property;

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6.    Refusal of an Offer of a Pitch

6.1   An offer of a pitch to an applicant will be refused when:

• There is any liability which is outstanding where

(i)   the extent of the liability is more than one twelfth of  the annual amount payable by the tenant to the landlord; or

(ii)   a satisfactory arrangement for paying the outstanding liability has not been made

• There is a history of anti-social behaviour whether caused by the applicant, members of the applicants household or other persons invited on to the applicant's pitch.
• The Moray Council or another council is investigating complaints which they have received about the anti-social behaviour of the applicant, members of the applicants household or other persons invited on to the applicant's pitch.

6.2   An applicant cannot be contacted for the purpose of allocation after a period of seven days.

6.3   Inaccurate, false or deliberately misleading information supplied by the applicant in support of his/her application will result in the application being refused.

6.4   Where an application for a pitch on the Site has been refused, the applicant will be informed in writing, within one working day of receipt of the application.  This letter will inform the applicant of the reasons for the refusal and provide details of his/her right to appeal the decision.

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7.    Appeals

7.1    Applicants who are not satisfied with the way in which their application has been processed will have the right to seek a review of the decision.  In the first instance, applicants may seek a review by writing to the Area Housing Manager (Elgin) within 28 days from the date of receipt of the initial decision.  A senior officer who has not been involved in the case will conduct the review of the case. 
7.2    Applicants will be provided with a review of the case within one working day following the review.  If the applicant is not satisfied with the outcome of the review, they will have 28 days following the initial review to request that the case be referred to the Housing Services Sub-Committee.

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8.    Monitoring

8.1   In order to ensure that the applications are processed in a fair, transparent and equitable manner to the Gypsy/Travelling Families Site, the Moray Council will monitor:

• The number of applications processed;
• The number and reasons for refusal of offers of pitches;
• The number of request for referral to the Service Review Group and the outcomes of these;
• % of Gypsy/Travelling Families satisfied with the allocation of pitches.

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