Hi. First Utility opened their WHD scheme at this web address: firstutilitywarmhomediscount.com I am a bit concerned with one of the two statements in the Declaration section (appended below). The first one, it is obvious that you need to consent to that. But the second one seems an unnecessary intrusion of the individual's privacy and I wonder if you can opt out without compromising your application. They craftly included it within that section (inset) so as to suggest that if you don't consent to that too, then you will not be accepted. Cooperative Energy's application form (wwwDOTcooperativeenergyDOTcoop/siteassets/pdfs/whd-broader-application-form-v1.8.pdf) has that statement below the declaration's signature, so it seems it is entirely voluntary there and unrelated to the outcome of the application. I know each company was it's own eligibility criteria, but surely the Data Protection Act should protect against unnecessary disclosure. If it is a trick by First Utility, then I think they should be reported. Does anyone know? This is what the Declaration section says: I understand that you may need to check that I am eligible for the Warm Home Discount Scheme: I agree to First Utility Ltd asking the Department for Work and Pensions (DWP) to confirm whether I am in receipt of a qualifying benefit. Yes/No. I agree to (First Utility) sharing my details with the Department for Energy and Climate Change and their appointed contractors to undertake research on people's historical experiences of claiming the Warm Home Discount (which will include historical analysis of energy consumption data and whether individuals are successful in their applications). Yes/No. I can write to First Utility Ltd at any time to withdraw my consent, but this will result in my withdrawal from the scheme.

The Public Law Project could help too. They are a charity that challenges unlawful practices by central and local government affecting disadvantaged groups.

Housing Act 1996 (As Amended), Part VI, Section 167 (Allocation in accordance with allocation scheme) (8)A local housing authority shall not allocate housing accommodation except in accordance with their allocation scheme. You can read the whole section 167 on this page (towards the end): www(dot)legislation(dot)gov(dot)uk/ukpga/1996/52/part/VI Housing Options seem to be quite happy to act unlawfully in probably everything they do, but they don't have to get away with it. The courts can sort them out.

I can't find anything about quotas in the Housing Allocation Scheme, nor any discretion to ignore priorities in the bidding process. If they told you that they have such an internal policy, it's unlawful. By law (the Housing Act), they must follow their Housing Allocation Scheme, once it's framed. I can't remember which section of the Housing Act (latest version) it is, but it's definitely in there. So, if you can prove that they have not been following it, you can take them to court. Each time you bid for a property (i.e., once a week, presumably) and they decide who to allocate the property to, their decision can be challenged in the courts. If you are on benefits, you can get legal aid for it. Cuts to legal aid for challenging Local Authority decisions have been reversed after the goverment were defeated in the High Court in march this year. Choose a firm of solicitors with a Public Law contract (check the Legal Aid website) and ask them if they can help you. It will throw Housing Options staff into disarray and they deserve the headache. If you lose, you won't have to pay their legal costs (if you are getting legal aid) but the council will have to pay yours if they lose.

"Some information may not be given to you because it is exempt, for example because it would unfairly reveal personal details about somebody else." Are you referring to the above sentence? As you can see, it says it would be exempt only if "personal details" about someone else would be revealed. As per my previous reply, I am suggesting editing out those details so that the reason for the council's decision would be known while no one would be identified. They may argue that's not always possible and refuse your request, but that's just because they probably do not want you to know how they allocate their properties and try and use an ambiguity to their advantage. I would think that if someone is determined to get such information, they could put an argument forward that if the data is sufficiently edited, then there would be no risk of ever identifying anyone. But then, the council might just edit it to the point that it becomes useless. Basically, they are nasty (and possibly corrupt) characters.

Once personal details (e.g., name and address) are removed, I guess the decision could be published.

I have been having problems with Westminster Housing Options too. They are a bunch of idiots. As the council has a duty to transparency, could you get a list of reasons for awarding each flat to the person who got it? Freedom of Information request?