Agenda and minutes

To agree the minutes of the meetings of the Panel held on 20 October 2005 (attached).

RESOLVED:

            That the minutes of the meeting held on 20 October 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 Councillor Mrs R Gadsby was substituting for Councillor D Stallan.

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. 23/2005                          3

           7            Appeal No. 24/2005                          3

           8                              Appeal No. 26/2005                         3

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 items of business set out below as they would involve the likely disclosure of exempt information as defined in the paragraph of Part 1 of Schedule 12A of the Act indicated:

Agenda Item No                   Subject                                 Exempt Information

                        Paragraph No

6                      Appeal No 23/2005            3

7                      Appeal No 24/2005            3

8                      Appeal No 26/2005            3

To consider a restricted report.

The Panel gave consideration to an appeal against a decision of the Assistant Housing Needs Manager (Homelessness) acting under delegated authority regarding the appellant’s homelessness application.  The appellant attended the meeting to present his case, accompanied by Mr J Harding of Shelter.  Mr R Wallace (Assistant Housing Needs Manager – Homelessness) attended the meeting to present the Council’s case assisted by Mr J Lewis (Benefits Manager) and Ms L Spicer (Housing Management Officer).  Mr A Hall (Head of Housing Services) attended the meeting to advise the Panel as required on details of the national and local housing policies relative to the appeal.

The Chairman introduced the members of the Panel and the officers present to the appellant and his adviser and outlined the procedures to be followed in order to ensure that proper consideration was given to the appeal.

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

(a)        a summary of the appeal together with the facts of the case forming part of the Agenda for the meeting;

(b)        a copy of a witness statement dated 19 April 2005, prepared by a Housing Management Officer in relation to Court Proceedings regarding the appellant;

(c)        a copy of a witness statement prepared by an Investigation Officer in the Council's Benefits Division;

(d)        a copy of a letter dated 15 September 2005 from the Assistant Housing Needs Manager (Homelessness) to the appellant;

(e)        a copy of the notes of an interview of the appellant by a Housing Officer dated 19 September 2005;

(f)         a copy of an Affordability Assessment signed by the appellant and dated 13 September 2005;

(g)        a copy of a Notice of Eviction of the appellant dated 8 September 2005;

(h)        a copy of a letter dated 21 October 2005 from the Assistant Housing Needs Manager (Homelessness) to the appellant;

(i)         a copy of the application to the Housing Appeals Panel by the appellant dated 3 November 2005 together with a copy of a photograph;

(j)            submissions made on behalf of the appellant by Shelter;

(k)        a copy of a Decision Notice of the Appeals Service dated 21 July 2005 in relation to the appellant's Housing Benefit claim.

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

(a)        the appellant had made two homelessness applications to the Council - the first on 10 February 2004 and the second on 9 November 2005; the appellant's original application had resulted in the Council accepting full duty towards him under Section 193 of the Housing Act 1996, as amended; the Council had accepted that the appellant was in priority need for housing due to his vulnerability arising from his difficulties with his mental health and low level of literacy;

(b)        as a result of the original application, the appellant had been awarded a non-secure tenancy of a Council property, after a period in bed and breakfast accommodation; rent arrears of £569.94 had arisen due to a break in the appellant's claim for Housing Benefit  ...  view the full minutes text for item 57.

To consider a restricted report.

The Panel was advised that this was an appeal against a decision of the Assistant Housing Needs Manager (Homelessness) acting under delegated authority concerning the appellant's homelessness application.  The appellant attended the meeting to present her case, accompanied by Ms V Mitchell of the Waltham Abbey Community Mental Health Team.  Mr R Wllace (Assistant Housing Needs Manager - Homelessness) attended the meeting to present the Council's case. Mr A Hall (Head of Housing Services) attended the meeting to advise the Panel as required on details of the national and local housing policies relative to the appeal.

On seeing the appellant the Chairman, Councillor Mrs J Davis, declared a personal interest in this matter by virtue of knowing the appellant.  She determined that her interest was prejudicial and that she would have to leave the meeting for the duration of the consideration of this appeal. 

The Panel was advised that its terms of reference provided that no matter could be considered in the absence of both the Chairman and the Vice-Chairman.  Accordingly, it would be necessary to defer consideration of this appeal to a future meeting when the Vice-Chairman could be present.

The Chairman apologised for the inconvenience which had been caused but stated that it was not until she had seen the appellant that she had realised she had a prejudicial interest in this matter.

The appellant was asked, having regard to the forthcoming Christmas and New Year holiday period if she would agree to an extension of the time during which her application should be considered.  The appellant agreed to the matter being decided outside of the 56 day statutory period.

RESOLVED:

(1)            That consideration of Appeal 24/2005 be deferred; and

(2)            That arrangements be made for the appeal to be considered at a future meting of the Panel when the Vice-Chairman can be in attendance.

To consider a restricted report.

The Panel gave consideration to an appeal against the Assistant Head of Housing Services acting under delegated authority regarding the appellant’s wish to be granted a Management Transfer.  The appellant attended the meeting together with Councillor D Spinks.  Mr R Wilson (Assistant Head of Housing Services) attended the meeting to present the Council’s case.  Mr A Hall (Head of Housing Services) attended the meeting to advise the Panel as required on details of the national and local housing policies relative to the appeal.  Mr S G Hill (Senior Democratic Services Officer) was present to take the notes of the hearing.

The Chairman introduced the members of the Panel and officers present to the appellant and her representative and outlined the procedures which were to be followed in order to give proper consideration to the appeal.  The Panel had before them the following documents which were taken into consideration:

(a)        a summary of the appeal together with the facts of the case forming part of the agenda for the meeting;

(b)        an appendix showing work carried out to the property since July 1997;

(c)        a letter dated 28 September 2004 from the appellant to the Council;

(d)        a copy of a letter dated 3 February 2005 from the appellant to the Council;

(e)        a letter from Key Health Medical Centre dated 12 March 2005 from the appellant’s doctor;

(f)         a letter dated 20 September 2005 from Mr R Wilson to the appellant;

(g)        a letter dated 24 October 2005 from Mrs Hudson (Housing Officer - Allocations) to the appellant;

(h)        the appellant’s application to the Housing Appeals Panel dated 14 October 2005 together with supporting documentation and photographs;

(i)         a letter to the Democratic Services Manager from the appellant dated 8 November 2005;

(j)         a letter dated 2 November 2005 from Key Health Medical Centre from the appellant’s doctor;

(k)        a letter from the appellant to the Democratic Services Manager dated 21 November 2005;

(l)         copy of an e-mail dated 2 November 2005 from Terry Wyatt (Assistant Repairs Manager, EFDC) to M Pearce (Housing Services, EFDC); and

(m)      an e-mail copy dated 3 November 2005 from Terry Wyatt (Assistant Repairs Manager, EFDC) to Marion Pearce (Housing Services, EFDC).

The Panel considered the following submission in support of the appellant’s case:

(a)        the appellant had lived in Springfields, Waltham Abbey for eight years.  In 2003 the appellant had gone travelling for a period of eight months and had come back to the property and had experienced noise and water leaks from the walkways.  The problem of the noise stemmed from the tenant above them who was a lady with young children. She had experienced noise from scraping of chairs.  They had allowed this to continue for a few months and had then contacted Housing Services.  In the summer of 2004 the neighbour had got a dog which had barked all night and this had continued all summer.  In March 2004 they had also experienced water pouring in from the bedroom/bathroom from the  ...  view the full minutes text for item 59.