Appendix 3 Consultation Framework

Introduction

This report sets out the aims and objectives of the Council’s Consultation Framework in relation to the proposal to introduce Selective Licensing across designated areas in the borough.

Issues raised by all stakeholders through this consultation process will be accurately reported to the Council’s Cabinet in order that due regard can be given, and informed decisions can be taken in relation to the selective licensing proposal. As this is a consultation, it may result in changes to the Council’s Selective Licensing proposal.

Consultation Requirements

Section 80(9) of the Housing Act 2004 states that before considering making a designation for Selective Licensing the local housing authority must:

• Take reasonable steps to consult persons who are likely to be affected by the designation; and
• Consider any representations made in accordance with the consultation. In accordance with the legislation the Council will not consider representations which are withdrawn.

The Department for Levelling Up, Housing and Communities has a procedural document regarding selective licensing: Selective Licensing in the private rented sector. A guide for local authorities (published March 2015, with minor updates published June 2023).

This guide stipulates that local authorities are required to conduct a full consultation when considering designation of selective licensing. Consultation should include “local residents, including tenants, landlords and where appropriate their managing agents and other members of the community who live or operate businesses or provide services within the proposed designation. It should also include local residents and those who operate businesses or provide services in the surrounding area outside the proposed designation that will be affected.”

The minimum statutory consultation period on any proposed Selective Licensing Scheme, required by DLUHC is ten weeks.

The Communication Process

1. Principles

Consultation should be appropriate to the scale, scope and nature of the project being completed. Effective consultation that is meaningful and genuine depends on all stakeholders being sufficiently well-informed about the project, having clear, concise information, the opportunity to convey their perspectives and their concerns, and developing confidence that their perspectives are being reflected in the design.

It is common for consultation processes to result in changes to the project and to its design. Engagement therefore needs to commence early and continue throughout the consultation period.

This is at the heart of North Lincolnshire’s consultation plan which has been set out for the proposed Selective Licensing Scheme and we will achieve this via: –

• publishing a draft business case outlining the reasons for the proposal;
• priming of discussions by providing some initial information about the project;
• making sure there is ongoing dialogue with consultees throughout the consultation process;
• participation of those tenants and residents affected or likely to be affected by the proposed implementation in the designated areas;
• facilitated interactions among participants;
• making sure that there is sufficient diversity among those groups or individuals being consulted, to ensure that all relevant perspectives are represented, and all relevant information is gathered;
• making sure that each group has the opportunity to provide information;
• making sure that the method of consultation suits the consultation group, for example using workshops or focus groups as an alternative to, or even as well as, formal written consultation;
• making sure that the information provided, and the perspectives, concerns and issues raised during the consultation process are analysed and duly considered in the final design and implementation of any scheme taken forward.

2. Stakeholder Engagement

To ensure a true reflection of the views of affected groups related to this consultation, it is important that all groups of stakeholders are effectively targeted with communications about the proposal and given every opportunity to share their views. The consultation process will target the following audiences and groups:

• Private tenants and local residents
• Private landlords and letting agents
• National landlords’ associations
• Portfolio Member, Council, Ward Councillors & local Members of Parliament
• Local businesses
• Registered Provider landlords
• Interested parties such as Humberside Police, Humberside Fire & Rescue, North Lincolnshire Citizens Advice Bureau
• Stakeholders/members of the Voluntary, Community and Social Enterprise sector
• North Lincolnshire Council’s relevant Community Partnerships
• North Lincolnshire Council internal teams, including public health, housing, environmental health, housing support.

Whilst direct consultation will attempt to be as exhaustive as possible, any interested groups not already identified and consulted directly will also be encouraged to complete the consultation document or make comments. Groups not consulted directly are considered likely to hear about the proposal through wider communications methods.

Communications methods include, but are not limited to:

• Information on the North Lincolnshire Council website
• Direct Magazine delivered to all households in the borough
• Direct mail to all residents, businesses and other stakeholders within the proposed selective licensing areas and/or in the surrounding areas (outside of the proposed designation)
• Direct mail to known landlords, managing/letting agents
• Engagement events with landlord and managing/letting agents
• Direct mail to partner agencies
• Press releases to local media/press
• Email and briefings to Portfolio, Councillors, Ward councillors and Members of Parliament
• Social media
• Posters in identified areas.

3. How to respond to the consultation

Consultation will be available both digitally and in a paper format.

We will also ensure a copy of the business case will be available on the Council’s website or provided in written format if requested. A questionnaire will also be produced, which will be used to gather views from all stakeholders to the proposal.

The questionnaire will be available to complete on the Council’s website, a paper version of the questionnaire can be downloaded from the website and/or posted on request.

4. How issues raised during the consultation will be dealt with

Throughout the consultation process a record of each consultation event or period that has been undertaken and what issues were raised from these will be formally logged. This will detail the date of the consultation, what form the consultation took place, who was consulted and what were the results/issues raised. Different methods of communications will be used as part of the consultation process and a separate consultation report will be produced for each event to enable a ‘portfolio’ to be produced as one document at the end, with each element represented as a section.

North Lincolnshire Council is committed to ensuring all comments received are recorded and there is a clear audit trail of all decisions made and how consultation responses were taken into consideration and balanced with any evidence and specific information gathered. The consultation report will be published and placed on the website.

Details of the above will then be reported back to the Council’s Cabinet. Subject to the outcome of the consultation, the Council will then make a final decision as to whether (or not) to proceed with the Selective Licensing proposal (including the scope and the scale of the designated areas).