Agenda and minutes

To agree the minutes of the meeting of the Panel held on 23 November 2006 (attached).

            RESOLVED:

            That the minutes of the meeting of the Panel held on 23 November 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, Councillor Mrs P Richardson declared a personal interest in agenda item 7 (Appeal No 8/2006) by virtue of being an acquaintance of the appellant.  She determined that her interest was prejudicial and that she would leave the meeting for the duration of the consideration of the request.

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 items of business set out below as they 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            Subject                                             Exempt Information

            Item No                                                                   Paragraph Nos

            6                      Application No 9/2006                        1 and 2

            7                      Appeal No 8/2006                        1 and 2

To consider a restricted report (attached).

The Panel considered an application for a review of a decision of the Assistant Housing Needs Manager (Homelessness) acting under delegated authority that the applicant had made herself homeless intentionally from temporary accommodation provided by the Council and that the duty on the Council to provide her with temporary accommodation had been discharged.  The applicant attended the meeting to present her case.  Mr J Hunt (Assistant Housing Needs Manager (Homelessness)) attended the meeting to present his case assisted by Mr B Howland (Hostel Manager).  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 application.  The Chairman introduced the members of the Panel and officers present to the applicant 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 forming part of the agenda for the meeting;

(b)        the case of the Assistant Housing Needs Manager (Homelessness);

(c)        copies of documents submitted by the Assistant Housing Needs Manager (Homelessness) namely:

(i)            the applicant's Licence to occupy a room at the Council's Homeless Hostel;

(ii)            letter dated 7 September 2006 from the Deputy Hostel Manager to the applicant;

(iii)            letter dated 9 October 2006 from the Hostel Manager to the applicant;

(iv)            letter dated 16 October 2006 from the Hostel Manager to the applicant;

(v)            letter dated 2 November 2006 from the Hostel Manager to the applicant;

(vi)            report of the Hostel Manager regarding the applicant;

(vii)            letter dated 6 November 2006 from the Assistant Housing Needs Manager (Homelessness) to the applicant;

(viii)            letter dated 15 November 2006 from the Assistant Housing Needs Manager (Homelessness) to the applicant;

(d)        a copy of the application to the Housing Appeals and Review Panel by the applicant dated 6 December 2006.

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

(a)        the applicant had understood the need to follow the signing in process on a daily basis at the Council's Hostel but her mother had been admitted to hospital after suffering a minor stroke and it had been necessary for the applicant to return to the family home to look after her sisters and brother; during this time, she had been unable to follow the signing in process;

(b)     the staff at the Hostel had been aware of the applicant’s absence and her reasons for living at her mother’s home, which had been agreed by the Hostel staff, provided she returned to the Hostel by 3 October 2006;

(c)        the applicant had been diagnosed as suffering from post-natal depression, a condition that she was not aware existed until approximately September 2006; she had not understood why she had felt so low and the need to shut herself away from everyone; she had not approached her doctor earlier as  ...  view the full minutes text for item 26.

The Head of Housing Services reported that the Panel at its last meeting had dismissed an appeal against a decision not to place the appellant in Band 1 of the Council's Housing Allocations Scheme.  At that meeting the Panel had also resolved that the appellant be informed that if she was in receipt of written advice from a medically qualified practitioner which was not presented at the meeting and which supported her being placed in a different Band of the Council's Allocations Scheme, she should submit that advice to the Council's Housing Services for consideration.

The Panel noted that following those decisions, the appellant had submitted for consideration a further self-assessment medical form, two further letters from the Rectory Lane Health Centre and a letter from her daughter's school.  These additional documents had been forwarded to the Council's independent Medical Advisor for consideration.  The Advisor had informed the Council that, having considered this additional information, it remained his view that the appellant's current accommodation was reasonable on all medical grounds and that no medical priority accrued.  This information had been communicated to the appellant by Housing Services and in response a request had been made by the appellant and her advocate at the original Panel meeting for the Panel to hear a further appeal on the basis that the further information submitted was materially different from the previous information considered by the Panel and that, as a result, warranted increased priority.

The Panel considered the appellant's request.

            RESOLVED:

That the position is not materially different from that previously considered at the meeting held on 23 November 2006 and further consideration of the matter by the Panel is not justified.