Agenda and minutes

To agree the minutes of the meeting of the Panel held on 19 October 2006 (attached).

            RESOLVED:

            That the minutes of the meeting of the Panel held on 19 October 2006 be taken as read and signed by the Chairman as a correct record.

To declare interests in any item on the agenda.

Pursuant to the Council's Code of Member Conduct, Councillors Mrs R Gadsby and Mrs P Smith declared personal interests in agenda item 6 (Appeal No. 8/2006) by virtue of being members of the same political group as one of the appellant's representatives.  They determined that their interests were not prejudicial and that they would remain in the meeting for the duration of the consideration of the 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 of 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                                                                      Exempt Information

            Item No.            Subject                                             Paragraph Nos.

            6                      Appeal No. 8/2006                        1 and 2

To consider the attached restricted report.

The Panel considered an appeal against a decision of the Assistant Head of Housing Services (Operations) acting under delegated authority not to place the appellant in Band 1 of the Council's Allocations Scheme.  Councillor D Bateman and his wife attended the meeting to present the appellant's case.  The appellant was also in attendance accompanied by her partner.  Mr R Wilson (Assistant Head of Housing Services (Operations)) attended the meeting to present his case assisted by Miss T Selley (Assistant Housing Needs Manager (Allocations)).  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 officers present to the appellant 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)        the case of the Assistant Head of Housing Services (Operations);

(c)        copies of documents submitted by the Assistant Head of Housing Services (Operations) namely:

(i)         letter dated 14 March 2006 from the Assistant Housing Needs Manager (Allocations) to the appellant;

(ii)        file note of a meeting held on 15 March 2006 between the Assistant Housing Needs Manager (Allocations) and the appellant;

(iii)       letter dated 21 August 2006 from the Council's Medical Advisor to Housing Services;

(iv)       letter dated 20 September 2006 from the Assistant Head of Housing Services (Operations) to the appellant;

(d)        a copy of the application to the Housing Appeals and Review Panel by the appellant dated 16 October 2006;

(e)        copies of the following documents submitted by the appellant:

(i)         letter of submissions;

(ii)        letter dated 18 October 2005 from the Rectory Lane Health Centre to the Council;

(iii)       letter dated 7 December 2005 from an Acting Police Sergeant to the appellant's partner together with an explanation of the crime reference numbers quoted in that letter;

(iv)       letter dated 7 February 2006 from the Rectory Lane Health Centre to the appellant's daughter's general practitioner;

(v)        letter dated 22 February 2006 from the Rectory Lane Health Centre to the appellant's daughter's general practitioner;

(vi)       letter dated 14 March 2006 from the Assistant Housing Needs Manager (Allocations) to the appellant;

(vii)      letter typed 30 March 2006 from the Child Development Centre, Harlow to the Assistant Housing Needs Manager (Allocations);

(viii)      letter typed 30 March 2006 from the Child Development Centre, Harlow to the appellant's daughter's general practitioner;

(ix)       letter dated 11 July 2006 from the Senior Paediatric Occupational Therapist, Epping Forest PCT to the Assistant Housing Needs Manager (Allocations);

(x)        letter dated 21 August 2006 from the Council's Medical Advisor to Housing Services;

(xi)       letter dated 23 August 2006 from the Assistant Housing Needs Manager (Allocations) to the appellant;

(xii)      letter dated 20 September 2006 from the Assistant Head  ...  view the full minutes text for item 21.