Agenda and minutes

To agree the minutes of the meetings of the Panel held on 22 December 2005, 19 January 2006 and 23 January 2006 (attached).

RESOLVED:

That the minutes of the meetings of the Panel held on 22 December 2005, 19 January 2006 and 23 January 2006 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.

Pursuant to the Council's Code of Member Conduct, Councillors D Stallan and Ms S Stavrou declared personal interests in agenda item 6 (Appeal No: 4/2006) by virtue of being members of the Council's Conservative Group whose Leader was the Chairman of the Primary Care Trust.  They had determined that their interests were not prejudicial and that they would remain in the meeting for the duration of the consideration of that appeal.

Exclusion: 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 following paragraph(s) of Part 1 of Schedule 12A of the Act (as amended) or are confidential under Section 100(A)(2):

The Local Government (Access to Information) (Variation) Order 2006, which came into effect on 1 March 2006, requires the Council to consider whether maintaining the exemption listed above outweighs the potential public interest in disclosing the information. Any member who considers that this test should be applied to any currently exempted matter on this agenda should contact the proper officer at least 24 hours prior to the meeting.

Confidential Items Commencement: Paragraph 9 of the Council Procedure Rules contained in the Constitution require:

(1)        All business of the Council requiring to be transacted in the presence of the press and public to be completed by 10.00 p.m. at the latest.

(2)        At the time appointed under (1) above, the Chairman shall permit the completion of debate on any item still under consideration, and at his or her discretion, any other remaining business whereupon the Council shall proceed to exclude the public and press.

(3)        Any public business remaining to be dealt with shall be deferred until after the completion of the private part of the meeting, including items submitted for report rather than decision.

Background Papers:  Paragraph 8 of the Access to Information Procedure Rules of the Constitution define background papers as being documents relating to the subject matter of the report which in the Proper Officer's opinion:

(a)            disclose any facts or matters on which the report or an important part of the report is based;  and

(b)        have been relied on to a material extent in preparing the report and does not include published works or those which disclose exempt or confidential information (as defined in Rule 10) and in respect of executive reports, the advice of any political advisor.

Inspection of background papers may be arranged by contacting the officer responsible for the item.

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 paragraphs Part 1 of Schedule 12A of the Act indicated and the exemption is considered to outweigh the potential public interest in disclosing the information:

Agenda                      Subject                                 Exempt Information

Item Number                                                                    Paragraph Number

6                                  Appeal No: 4/2006            1 and 2

To consider a restricted report.

The Panel gave consideration to an appeal against a decision of the Assistant Head of Housing Services (Operations) acting under delegated authority regarding the appellants' application for a management transfer.  The appellants attended the meeting to present their case.  Mr R Wilson (Assistant Head of Housing Services (Operations)) attended the meeting to present his 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.

The Chairman introduced the members of the Panel and the officers present to the appellants 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 letter dated 13 August 2005 from the appellants to the Council's Housing Services;

(c)        a copy of a letter dated 2 September 2005 from the appellants to the Council's Assistant Head of Housing Services (Operations);

(d)        a copy of a letter dated 12 September 2005 from the Assistant Head of Housing Services (Operations) to one of the appellants;

(e)        a copy of a letter dated 1 September 2005 from the Epping Forest PCT to the Council's Housing Needs Section;

(f)         a copy of a letter dated 9 November 2005 from one of the appellant's General Practitioner to the Council's Housing Services;

(g)        a copy of a letter dated 3 February 2006 from one of the appellant's General Practitioner to the Council's Housing Services;

(h)        a copy of the application to the Housing Appeals Panel by the appellants dated 26 February 2006 together with a copy of a letter dated 26 February 2006.

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

(a)        the appellants had moved into their current property on the understanding that they would be moved into alternative accommodation within a period between three months and one year;

(b)        the appellants had been on the Council's Housing List as a couple since 2003; one of the appellants had been placed on the list originally in 1998, she had come off the list in 2002 but had gone back on the list in 2003 with her partner as they could not afford a mortgage after their daughter had been born;

(c)        in 2003 the appellants had said that they wanted a two-bedroom house or bungalow;

(d)        in 2005 the appellants were due to be made homeless and had been prepared to go to the Council's Homeless Persons' Hostel; however, a two-bedroom maisonette had become available and had been offered to the appellants on a temporary basis;

(e)        the appellants had moved into the maisonette on 14 February 2005; since moving in the appellants had suffered problems with their neighbours; had been the subject of a break-in and another attempted  ...  view the full minutes text for item 92.

The Chairman announced that this would be the last meeting of the Panel at which she would be attending as she was not seeking re-election on 4 May 2006.  She thanked the other members of the Panel, substitutes and officers for the support they had provided during her period as Chairman of the Panel.  The Vice-Chairman of the Panel, on behalf of the Panel, advised that Councillor Mrs Davis' presence would be missed on the Council, particularly on this Panel.  On behalf of the Panel he presented Councillor Mrs Davis with a bouquet.

CHAIRMAN