Agenda and minutes

To agree the minutes of the meeting of the Panel held on 14 July 2005 (attached)

RESOLVED:

That the minutes of the meeting held on 14 July 2005 be taken as read and signed by the Chairman as a correct record.

(Head of Research and Democratic Services) To report the attendance of any substitute members for the meeting.

It was noted that there were no substitute members present at this meeting.

To declare interests in any item on the agenda.

No declarations of interest were made pursuant to the Council's Code of Member

Conduct.

            To consider whether, under Section 100(A)(4) of the Local Government Act 1972, the public and press should be excluded from the meeting for the items of business set out below on grounds that they will involve the likely disclosure of exempt information as defined in the paragraph(s) of Part 1 of Schedule 12A of the Act indicated.

            Agenda                   Exempt information

            Item No.            Subject            Paragraph Number

            6            Appeal No. 16/2005             3         

           8                              Appeal No. 18/2005            9

To resolve that the press and public be excluded from the meeting during the consideration of the following items which are confidential under Section 100(A)(2) of the Local Government Act 1972.

            Item No.            Subject

            Nil            Nil

RESOLVED:

That in accordance with Section 100(A) (4) of the Local Government Act 1972, the public and press be excluded from the meeting for the item of business set out below as it would involve the likely disclosure of exempt information as defined in the paragraph of Part 1 of Schedule 12A of the Act indicated:

Agenda                                                                   Exempt Information

Item No            Subject                                             Paragraph Number

6                      Appeal No: 16/2005                                3

            7                      Appeal No: 18/2005                         9

To consider a restricted report.

The Panel was advised that this was an appeal against the decision of the Assistant Housing Needs Manager (Homelessness) acting under delegated authority that the appellant had become homeless intentionally from accommodation made available to her. The Panel was informed that the Appellants representatives had notified the Council that the Appellant had elected to proceed on the basis of written representations.

The Chairman therefore indicated that the Panel would hear the appeal in the absence of both parties and that the appellant and the Assistant Housing Needs Manager (Homelessness) would be informed of the outcome of the appeal in writing. The Assistant Head of Housing Services was present to advise the Panel on matters of housing policy and legislation relative to the appeal. The Panel noted that they had no prior involvement in the case and that officers had referred the matter to them as a more senior body.

The Panel had before them the following documents which were taken into

consideration:

(a)        Facts of the case relevant to the appeal;

(b)        the Assistant Housing Needs Managers (Homelessness) Case;

(c)        A letter dated 10 June 2005 from Assistant Housing Needs Manager (Homelessness) to Essex County Fire and Rescue Service;

(d)        A letter dated 26 July 2005 from Essex County Fire and Rescue Service to Assistant Housing Needs Manager (Homelessness);

(e)            completed Medical Reference form dated 7 June 2005;

(f)            Homeless Report for Medical Assessment dated 9 June 2005;

(g)        Letter dated 13 June 2005 to the Mental Health Unit at St Margaret’s Hospital, Epping;

(h)        Letter dated 17 June 2005 from North Essex Mental Health Partnership;

(i)            Interview report of interview with the appellant dated 14 July 2005;

(j)         Letter of Assistant Housing Needs Manager (Homelessness) dated 15 August 2005;

(k)            Housing Needs Report Form dated 12 August 2005;

(l)            Application to the Housing Appeals Panel dated 6 September 2005;

(m)      Letter dated 26 September 2005 of Democratic Services Manager;

(n)        Letter dated 3 October 2005 from Sternberg, Reed Taylor and Gill; and

(o)        Letter dated 5 October 2005 of Democratic Services Manager

The Panel noted that the current whereabouts of the appellant were unknown and that papers for the hearing had been served upon her solicitors. Officers were also seeking re-possession of the tenanted property.

The Panel considered the following submissions in support of the appellant's

case:

(a)        The appellant’s solicitor had advised that the appellant felt suicidal and that the accommodation was small. Their Client suffered from claustrophobia. Their client had advised them that she would not do anything to jeopardise her application for housing but it had been unbearable to continue to reside in the accommodation.

(b)        The Panel noted that statements made by the Appellant at interview on 14 July 2005.

The Panel considered the following submissions in support of the case of the

Assistant Housing Needs Manager (Homelessness):

(a)        Whilst being a patient of Chelmer Ward, St Margarets Hospital, the Appellant had a homeless application to the authority on the 26th May 2005. To  ...  view the full minutes text for item 33.

To consider a restricted report.

The Appellant in this case did not attend the Panel meeting. Officers attempted to but could not contact the Appellant. The Panel determined that the appeal hearing should be deferred to another meeting to allow the Appellant the chance to present their case in person.

RESOLVED:

(1)            That the hearing of Appeal 18/2005 be deferred; and

(2)            That the Appellant be informed that if they fail to appear at the next arranged date that the Panel may hear the appeal in their absence.