This Terms of Reference document includes outlining the purpose of the Tenant and Leaseholder Board (TLB), what constitutes a quorum and the Board’s responsibilities.
Purpose
- Challenge unsatisfactory performance, scrutinise policies and decision making and provide assurance that the experiences of residents (tenants, leaseholders and shared owners) living across our communities are noticed and acted on by Oxford City Council
- Oversee and monitor key housing strategies including receiving relevant performance information
- Provide an effective evidence-based challenge to the Council
- Act as a sounding group, providing feedback, challenge and resident insight to support the Housing Regulatory Assurance Task Group, which is responsible for delivering the Housing Improvement Plan
- Work in an advisory capacity on how services can improve, ensuring good outcomes for residents, compliance with the Regulator of Social Housing’s consumer standards and a culture of openness, transparency and meaningful resident engagement
Accountability
- The TLB is accountable to the Cabinet Member with responsibility for Housing & Communities and will provide regular reports setting out its activity and impact
- The TLB will act in accordance with the TLB Code of Conduct and The Nolan Principles as presented below in Appendix 1
Recommendations
- Advisory recommendations from the TLB will be made by consensus at each meeting, providing the meeting is quorate
- If consensus cannot be reached, a vote will be held, with the Chair holding the casting vote
- TLB recommendations presented to the Council will be captured at each TLB meeting and minuted with an update provided at the following TLB meeting
- Subject to acceptance, TLB’s recommendations will be overseen by the Resident Involvement Team and delivered by associated officers
- If a TLB recommendation is not taken forward, the TLB will be provided with a written explanation outlining the rationale for the decision
- In some cases, this may lead to further discussion to agree a version of the recommendation that can be taken forward
- If an acceptable version of the recommendation cannot be agreed informally, either party may refer the matter to the Director of Housing and Chair for resolution
- The parties may at any time after the internal negotiations agree to enter mediation in good faith to settle the dispute and will do so in accordance with the Centre for Effective Dispute Resolution (CEDR) Model Mediation Procedure
- The parties will work to nominate a mediator to settle the dispute from amongst the list of mediators provided by the CEDR. The CEDR offers an independent mediation service
- All agreed TLB recommendations will be tracked and reported to ensure they are successfully delivered
- The Chair, Vice-Chair and other TLB members cannot make independent recommendations outside of TLB meetings, unless though their membership of another Involvement group
- Any proposed recommendations arising independently outside of TLB meetings must be added to the agenda of the next TLB meeting, shared with all TLB members prior to meeting
Equality, Diversity and Inclusion (EDI)
- The TLB will work to adhere to the requirements of the 2010 Equalities Act: https://www.gov.uk/guidance/equality-act-2010-guidance
- The TLB recognises that as they are representing all residents, they should consider EDI when making recommendations
Reporting
- Following the approval of the minutes of the TLB, an update will be provided to the Housing Regulatory Assurance Task Group
- An annual TLB report providing a summary of the TLB’s work will be co-drafted between the Chair and the Resident Involvement Manager for submission to Cabinet for consideration
Membership and quorum
- The TLB will be apolitical in practice (not interested or involved in politics)
- TLB membership will be made up of up to 15 residents: 12 tenants; two Leaseholders; and one Shared Owner
- Recruitment will include outreach to younger, minority and disabled residents and use multiple in-person, community facing and online channels
- TLB members will be recruited using a transparent process designed to identify residents with relevant skills and experience across age, ethnicity, disability, gender, and geography
- TLB members will be able to participate in other involvement groups and activities whilst holding TLB membership
- The TLB may decide to co-opt additional members to support it in specialist areas, for a set time period
- TLB members will be invited to apply for the position of the Chair/ Vice Chair by submitting an expression of interest. The TLB members will nominate the Chair/ Vice Chair by a majority vote
- The TLB will be quorate when a third of active members (rounded up) are in attendance, not including any co-optees
- Once recruited, membership will be for a term of 2 years with an option for re-application. TLB members may choose to leave before the fixed term and may do so by submitting a resignation to step down, either to the Chair or the Resident Involvement Manager
- Once elected, the Chair and Vice-Chair will be in the role for a term of 2 years with an option for re-application
- Upon receiving a resignation from a TLB member, the board may wish to decide whether to follow a process to fill the vacancy by advertising the position through the council’s usual channels
Meetings
- Meetings will be held monthly with the majority of the meetings being held online
- Prior to each TLB meeting, a pre-meeting (with no decision-making power) will be held between the Chair and the Resident Involvement Manager to prepare for the coming session
- Ad hoc meetings can be called by arrangement with the Chair
- Ad hoc meetings may also be called that require TLB members to meet in person, sufficient notice, to be agreed by the TLB members must be given in this instance
- Minutes from TLB meetings will be sent as soon as practicable following each meeting
- The Council will provide reasonable adjustments, translation, and reimbursement for accessibility or participation costs so all residents can contribute fully
Review
- The TLB will be reviewed and evaluated annually in relation to performance against its purpose by an external body, procured by the Council
- The TLB’s Terms of Reference will be reviewed 6 months following the TLB’s first full meeting
- Induction and ongoing training will be provided to all TLB members to build skills in housing performance, policy, and governance
- Ongoing support to TLB members will include plain-English briefings, mentoring, digital help, translation and an offer of personalised support from the Resident Involvement Team
- The Chair will undertake annual appraisals of all members
- The Resident Involvement Manager will undertake an annual appraisal of the Chair
- To strengthen its governance, the TLB will include an annual meeting item at the first meeting of a municipal year to standardise the election of the Chair and Vice-Chair and any other procedural matters
Appendix 1 - ‘The Nolan Principles’
1. The Seven Principles of Public Life
The Seven Principles of Public Life (also known as the Nolan Principles) apply to anyone who works as a public office holder. This includes all those who are elected or appointed to public office, nationally and locally, and all people appointed to work in the Civil Service, local government, the police, courts and probation services, non-departmental public bodies (NDPBs), and in the health, education, social and care services.
All public office holders are both servants of the public and stewards of public resources. The principles also apply to all those in other sectors delivering public services. The custodians of the Principles of Public Life are the Ethics and Integrity Commission.
The Seven Principles of Public Life were published by the Committee on Standards in Public Life in May 1995.
1.1. Selflessness
Holders of public office should act solely in terms of the public interest.
1.2. Integrity
Holders of public office must avoid placing themselves under any obligation to people or organisations that might try inappropriately to influence them in their work. They should not act or take decisions in order to gain financial or other material benefits for themselves, their family, or their friends. They must declare and resolve any interests and relationships.
1.3. Objectivity
Holders of public office must act and take decisions impartially, fairly and on merit, using the best evidence and without discrimination or bias.
1.4. Accountability
Holders of public office are accountable to the public for their decisions and actions and must submit themselves to the scrutiny necessary to ensure this.
1.5. Openness
Holders of public office should act and take decisions in an open and transparent manner. Information should not be withheld from the public unless there are clear and lawful reasons for so doing.
1.6. Honesty
Holders of public office should be truthful.
1.7. Leadership
Holders of public office should exhibit these principles in their own behaviour and treat others with respect. They should actively promote and robustly support the principles and challenge poor behaviour wherever it occurs.
