Agenda and minutes

(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 Item            Subject            Exempt Information

            Number                    Paragraph Numbers

            5            Application No 2/2007             1 & 2

            6            Appeal No 1/2007            1 & 2

To consider a restricted report – to follow.

The Panel was advised that this was a case referred back to the Council for a further review by a court.  In order to comply with the statutory deadline for completion of the fresh review, the matter should have been considered at this meeting.  However, the solicitors acting for the applicant had been unable to submit updated evidence in time for this meeting and in the circumstances they had agreed to an extension of the deadline for completion of the review until the end of March 2007.

Members were further advised that on receipt of the new evidence, initially the Council’s Housing Officers would consider the matter further and if they decided to approve the application in the light of the new evidence it would not be necessary for the matter to be referred to the Panel.  The Panel considered a date for their next meeting in the event that it would be necessary to undertake this review.

            RESOLVED:

            That the next meeting of this Panel be held on 22 March 2007 as previously scheduled but commencing at 10 am.

To consider a restricted report.

The Panel considered an appeal against a decision of the Area Housing Manager (North) acting under delegated authority that the appellant be required to transfer to alternative accommodation due to under-occupation following his succession to a tenancy.  The appellant attended the meeting to present his case accompanied by Mrs A Anson (Epping Citizens Advice Bureau) and Ms J Goddall (Safe – St Margaret’s Hospital).  Mr N Taylor (Area Housing Manager) 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 his representatives 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 Area Housing Manager;

(c)        copies of documents submitted by the Area Housing Manager, namely:

            (i)            letter dated 11 September 2006 from the Assistant Area Housing Manager (North) to the appellant;

            (ii)            letter dated 26 September 2006 from a community psychiatric nurse to the Assistant Head of Housing Services;

            (iii)            letter dated 11 October 2006 from the Ongar Health Centre to the Assistant Head of Housing Services;

            (iv)            letter dated 30 October 2006 from Voluntary Action Epping Forest to the Assistant Head of Housing Services;

            (v)            letter dated 3 November 2006 from the North Essex Mental Health Partnership to the Assistant Head of Housing Services;

            (vi)            letter dated 20 November 2006 from the Council’s medical adviser to the Assistant Head of Housing Services;

            (vii)            file note dated 28 November 2006 made by the Council’s Housing Welfare Officer;

            (viii)            letter dated 6 December 2006 from the Assistant Head of Housing Services to the North Essex Mental Health Partnership;

            (ix)            letter dated 9 December 2006 from the Assistant Head of Housing Services to the appellant;

(d)        a copy of the application to the Panel by the appellant dated 22 January 2007;

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

            (i)            letter dated 30 October 2006 from Voluntary Action Epping Forest to the Assistant Head of Housing Services;

            (ii)            letter dated 3 November 2006 from the North Essex Mental Health Partnership together with explanations of forms of severe anxiety;

            (iii)            letter dated 11 October 2006 from the Ongar Health Centre to the Assistant Head of Housing Services;

            (iv)            letter dated 26 September 2006 from a community psychiatric nurse to the Assistant Head of Housing Services;

(f)            representations made on behalf of the appellant by the Epping Citizens Advice Bureau including a letter dated 22 February 2007 from a community psychiatric nurse to the Bureau and a letter from Broomfield Hospital to the appellant in respect of an appointment on 7 March 2007.  ...  view the full minutes text for item 36.