Agenda and minutes

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

The Panel noted that there were no substitute members present as only those members who had been at the last meeting of the Panel held on 25 January 2007 could determine the application before this meeting.

To declare interests in any item on the agenda.

Pursuant to the Council's Code of Member Conduct, Councillor J Wyatt declared a personal interest in agenda Item 5 (Application No: 9/2006) by virtue of having the same general practitioner as the applicant.  He determined that his interest was not prejudicial and that he would remain in the meeting for the duration of the consideration and voting on the application.

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 Numbers

5                                  Application No: 9/2006            1 and 2

To consider a restricted report (attached).

The Panel gave further consideration to an application for a review of a decision made by the Assistant Housing Needs Manager (Homelessness) acting under delegated authority which had been deferred at the last meeting.

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

(a)        a letter dated 7 February 2007 (received by the Council on 15 February 2007) from the applicant's general practitioner to "whom it may concern";  and

(b)        an e-mail dated 7 February 2007 from the Council's Medical Adviser giving advice about post-natal depression.

Members were reminded that the applicant was seeking a review of the decision that she 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.

In coming to its decision, the Panel focused on the applicant's personal circumstances, her actions during the period August-November 2006, the medical evidence submitted by her doctor and advice from the Council's Medical Adviser.

            RESOLVED:

            (1)            That, having regard to the provisions of the Housing Act 1996, as amended, and the Code of Guidance on Homelessness and having taken into consideration the information presented by and on behalf of the applicant and by the Assistant Housing Needs Manager (Homelessness) and the advice of the Council's Medical Adviser, in writing and orally, the decision of the Assistant Housing Needs Manager (Homelessness) that the Council has discharged its duty to the applicant, under Section 193 of the Act be upheld for the following reasons:

            (a)        the applicant confirmed that she had fully understood the terms and conditions of her licence to occupy accommodation at the Council's Homeless Persons' Hostel including the requirements to sign the register each day and to seek approval from the Hostel staff for any absences from the Hostel of more than one night;

            (b)        the applicant moved into the Council's Homeless Persons' Hostel on 8 August 2006;  she signed the register on 9, 11, 14, 16 and 17 August;  on 20 August she informed the Hostel staff of an absence of one week to look after her mother who had been ill;  she signed the register again on 28, 29 and 30 August;  she did not sign the register throughout September 2006;  she telephoned the Hostel staff to advise that she would return to the hostel on 3 October 2006;  she failed to return on that date and had not signed the register again up to the time the notice to terminate the licence to occupy accommodation at the Hostel was issued on 6 November 2006;

            (c)        had it not been for these deliberate acts (failure to sign the register daily and/or inform Hostel staff of all absences of more than one night) the accommodation at the Homeless Persons' Hostel would have been available and reasonable for the applicant to continue to occupy;

            (d)        account has been taken of the evidence of the applicant regarding the need to look after her mother, her sisters and  ...  view the full minutes text for item 31.