Agenda and minutes

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

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

To declare interests in any item on the agenda.

Pursuant to the Council's Code of Member Conduct, Councillor Mrs J Davis declared a personal interest in item 5 of the agenda (Application Number 24/2005) by virtue of being acquainted to the applicant.  She determined that her interest was prejudicial and that she would leave the meeting for the consideration of that matter.

Recommendation:

To review the terms of reference of the Panel in relation the attendance at meetings of the Panel of substitutes and the Chairman and Vice-Chairman.

1.  (Head of Research and Democratic Services) Members have requested that consideration be given to the following terms of reference of the Panel:

“(2)…Each political group represented on the Panel shall be required to nominate one substitute member to cover for any member of the Panel who is unavailable…”:

(4)…No meetings of the Panel shall be held in the absence of both the Chairman and Vice-Chairman.”

2.   It has been suggested that any political group having more than one member on the Panel should be entitled to nominate the equivalent number of substitutes. This arrangement already applies to one of the other regulatory committees of the Council, namely the Staff Appeals Panel. Views of the Panel are sought.

3. There has been an occasion when it was necessary to defer consideration of a review because the Vice-Chairman was not present and the Chairman declared a prejudicial interest when she realised on seeing the applicant that she was acquainted to her. Members have questioned the need for either the Chairman or the Vice-Chairman to be present at a meeting. It has been suggested that a Chairman for the meeting could be appointed from the members present and that as all members and substitutes receive training in relation to the processes this should not cause any problems provided that a reasonably experienced member is appointed Chairman. Views of the Panel are sought.

4. The views of the Panel will be submitted to the Overview and Scrutiny Constitutional Affairs Panel with a view to any changes being implemented in time for the Annual Council meeting in May when the Panel for 2006/07 will be appointed.

5.   In accordance with Section 100(A)(b) of the Local Government Act 1972, together with paragraphs 6 and 25 of the Council’s Procedure Rules, the Chairman for this meeting has permitted on grounds of urgency, consideration of this item in order to meet the timescale for implementing any changes at the Annual Council meeting.

The Panel reviewed their terms of reference in relation to the attendance at meetings of substitutes and the Chairman/Vice-Chairman.

Members noted that at present each political group represented on the Panel was required to nominate one substitute member at the Annual Council Meeting to cover for any member of the Panel who was unavailable at a meeting.  One of the other regulatory committees of the Council currently provided for any political group having more than one member on that committee to be entitled to nominate the equivalent number of substitutes.  Members considered applying this to the Housing Appeal Panel in view of the fact that three members were required for a meeting to be quorate. 

The Panel also considered the requirement that no meetings could be held in the absence of both the Chairman and Vice-Chairman.  It was noted that there had been an occasion when it had been necessary to defer consideration of a review because the Vice-Chairman had not been present and the Chairman had declared a prejudicial interest when she had realised on seeing the applicant that she was acquainted to her.  Members questioned the need for either the Chairman or Vice-Chairman to be present at a meeting.  Members suggested that in the absence of the Chairman and Vice-Chairman at a meeting a Chairman could be appointed from the members present bearing in mind that all members and substitutes received training in relation to the processes.

In accordance with Section 100(A)(b) of the Local Government Act 1972, together with paragraphs 6 and 25 of the Council's Procedure Rules, the Chairman had permitted on grounds of urgency, consideration of this item in order to meet the timescale for implementing any changes at the Annual Council Meeting.

            RESOLVED:

            That the Overview and Scrutiny Constitutional Affairs Panel be asked to consider the following changes to the terms of reference of this Panel in time for the Annual Council Meeting in May when the Panel for 2006/07 will be appointed:

            (a)            the requirements regarding substitutes to be amended to read:

"Each political group represented on the Panel shall be required to nominate the equivalent number of substitutes to cover for any member of the Panel who is unavailable";

(b)            the reference to meetings not being held in the absence of both the Chairman and Vice-Chairman of the Panel be removed; and

(c)            the insertion of a requirement that in the absence of the Chairman and Vice-Chairman, a Chairman be appointed from the members (not substitutes) present at the meeting.

The Panel noted that Marion Pearce, the Housing Needs Manager would be retiring shortly and that the current Assistant Housing Needs Manager (Homelessness) had been appointed Housing Needs Manager.

            RESOLVED:

            (1)            That the best wishes of the Panel be conveyed to Marion Pearce for a long and healthy retirement; and

            (2)            That the congratulations of the Panel be conveyed to Russell Wallace on his promotion.

The Panel noted that as there were no outstanding cases to be considered, the meeting scheduled to take place on 23 March 2006 had been cancelled.

            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

            5            Appeal No. 24/2005             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 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            Subject            Exempt Information

Item Number                    Paragraph Number

5            Application Number 24/2005            1 and 2 (formerly 3)

            (Councillor Mrs Davis left the meeting.  Councillor D Stallan, Vice- Chairman took the chair).

To consider a restricted report.

The Panel considered an application for a review of a decision of the Assistant Housing Needs Manager (Homelessness) acting under delegated authority regarding the applicant's homelessness application.  The applicant attended the meeting to present her case, accompanied by Ms D Thompson, Epping Citizens' Advice Bureau, and Ms V Mitchell, Support Worker from the Waltham Abbey Community Mental Health Team.  Mr R Wallace (Assistant Housing Needs Manager - Homelessness) attended the meeting to present his case.  Mr R Wilson (Assistant 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 application.

The Chairman introduced the members of the Panel and the officers present to the applicant and her advisers and outlined the procedures to be followed in order to ensure that proper consideration was given to the review.

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

(a)        a summary of the application together with the facts of the case and the decision taken by the Assistant Housing Needs Manager (Homelessness) forming part of the agenda for the meeting;

(b)        a copy of the licence to occupy accommodation at the Council's Homeless Persons’ Hostel signed by the applicant;

(c)        a copy of a letter dated 12 September 2005 from the Hostel Manager to the applicant;

(d)        a copy of a letter dated 26 September 2005 from the Hostel Manager to the applicant;

(e)        a copy of a letter dated 29 September 2005 from the Hostel Manager to the applicant;

(f)         a copy of a letter dated 3 October 2005 from the Assistant Housing Needs Manager (Homelessness) to the applicant;

(g)        a copy of a report dated 15 November 2005 prepared by the Hostel Manager;

(h)        a copy of the notes of an interview of the applicant by a Housing Officer dated 6 October 2005;

(i)         a copy of a letter dated 10 October 2005 from the Assistant Housing Needs Manager (Homelessness) to the applicant;

(j)         a copy of the applicant's completed application to the Panel dated 8 November 2005;

(k)        a copy of a letter dated 20 February 2006 from the Epping Citizens' Advice Bureau to the Council's Democratic Services Manger together with a copy of the submissions made on behalf of the applicant;

(l)         a copy of a letter dated 28 February 2006 from the applicant's psychiatrist to the Epping Citizens' Advice Bureau; and

(m)      a copy of a letter dated 9 December 2005 from the Assistant Housing Needs Manager (Homeless) to the applicant.

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

(a)        the applicant applied as homeless to the Council on 8 June 2005; her application included her daughter, then aged 18;

(b)        the Council accepted a full housing duty to the applicant due to her long-term depressive illness; temporary accommodation was provided for the applicant and her daughter;

(c)            although the applicant's daughter had been 18 at the time and could be considered an adult  ...  view the full minutes text for item 87.