Agenda and minutes

To agree the minutes of the meetings of the Panel held on 25 January 2007, 15 February 2007 and 27 February 2007 (attached).

            RESOLVED:

            That the minutes of the meetings of the Panel held on 25 January 2007, 15 February 2007 and 27 February 2007 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.

No declarations of interest were made pursuant to the Council’s Code of Member Conduct.

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 12(A) 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. 3/2007            1 & 2

            7            Application No. 2/2007            1 & 2

            8            Previous Appeals and            1 & 2

                        Applications – Current Position

To consider a restricted report.

The Panel considered an appeal against a decision of the Assistant Head of Housing Services (Operations) acting under delegated authority to place the appellant’s housing application in Band 4 (new Band 3) of the Council’s Allocations Scheme.  The appellant attended the meeting accompanied by a relative.  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 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 26 February 2007 from the appellant to the Assistant Head of Housing;

(ii)            letter dated 31 January 2007 from the appellant to the Assistant Head of Housing;

(iii)            letter dated 27 February 2007 from the Assistant Head of Housing Services (Operations) to the appellant;

(iv)            letter dated 1 February 2007 from a Health Visitor at the West Essex Primary Care Trust to the Council’s Housing Department;

(d)        a copy of the application to the Housing Appeals and Review Panel by the appellant dated 10 March 2007;

(e)        copies of documents submitted by the appellant, namely:

(i)            letter dated 27 February 2007 from the Assistant Head of Housing Services (Operations) to the appellant;

(ii)            letter dated 26 February 2007 from the appellant to the Assistant Head of Housing;

(iii)            letter dated 31 January 2007 from the appellant to the Assistant Head of Housing;

(iv)            grounds of appeal; and

(v)            photographs showing a dog of one of the appellant’s neighbours.

The Panel considered the following submissions in support of the appellant’s case:

(a)        the Council Officers had not fully understood the appellant’s situation when making their decision;

(b)        the appellant’s current property was significantly overcrowded; she had four sons aged between 1 and 10 years sharing one bedroom; it was unreasonable to expect that the living room could be used as a bedroom as this room was already in use for dining and as a playroom for the appellant’s children;

(c)        the Council had a duty to ensure that all areas of its properties were safe; in order to access her flat the appellant had to enter downstairs communal areas including entrance way, corridors, stairwell and rear garden gate; she also had to cross the communal garden to access her pram shed and refuse area; in those areas the appellant and her children had encountered a neighbour’s large dog on a number of occasions, even when  ...  view the full minutes text for item 41.

To note a restricted report to be made orally on the reasons for this application no longer needing to be reviewed by the Panel.

The Panel was advised that the solicitors acting for the applicant had submitted updated evidence which had been considered by Housing Officers.  In the light of this new evidence the officers had decided to approve the application and as a result it would no longer be necessary for the matter to be referred to this Panel.

To consider a restricted report – attached.

The Panel received schedules giving a progress report on recent cases where the matter was still active within Housing Services.  The Head of Housing Services reported on issues which had arisen since the schedules had been prepared and he tabled a record of the outcome of all previous decisions heard since 1991/2.

The Panel agreed that cases 1/07, 6/06 and 2/06 be deleted from future schedules.

            RESOLVED:

            That the progress report on previously heard cases be noted.

CHAIRMAN