Agenda and minutes

To agree the minutes of the meetings of the Panel held on 21 June 2007 and 26 June 2007 (attached).

            RESOLVED:

            That the minutes of the meetings of the Panel held on 21 June 2007 and 26 June 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.

(a)            Pursuant to the Council's Code of Member Conduct, Councillors Mrs R Gadsby and J Wyatt declared personal interests in agenda item 7 (Appeal No. 8/2007) by virtue of being members of the same political group as the appellant's representative.  The Councillors determined that their interests were not prejudicial and that they would remain in the meeting for the duration of consideration and determination of the appeal.

(b)            Pursuant to the Council's Code of Member Conduct, Councillor Mrs P K Rush declared a personal interest in agenda item 6 (Appeal No. 7/2007) by virtue of having met the previous owner of the appellants' property on one occasion.  The Councillor determined that her interest was not prejudicial and that she would remain in the meeting for the consideration and determination 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 Numbers

            6                      Appeal No. 7/2007            1 & 2

            7                      Appeal No. 8/2007            1 & 2

To consider a restricted report.

Members were advised that the appellants had stated on their application form to the Panel that they intended to attend the meeting in order to present their case.  The Panel noted that the appellants had been advised to attend at 4.00 p.m. but were currently not present at the Civic Offices.

The Panel adjourned the meeting to enable the Democratic Services Manager to attempt to contact the appellants by telephone.

The meeting was reconvened and the Democratic Services Manager advised that he had contacted one of the appellants by telephone who had stated that she had not received any of the Council's letters regarding this meeting.

            RESOLVED:

            (1)            That consideration of appeal 7/2007 be deferred to a future meeting of the Panel;

            (2)            That when a date has been agreed for consideration of the appeal, the appellants be advised of the date and time by recorded delivery letter which shall include a requirement that they respond to the letter, in writing, stating whether they intend to attend to present their case;

            (3)            That the appellants be advised that their appeal will be determined on the next occasion it is before the Panel whether or not they are in attendance;  and

            (4)            That in all future cases, applicants and appellants be required to acknowledge receipt in writing of the Council's letter advising of the date and time when their application/appeal will be determined and to state whether or not they will be attending the meeting to present their case.

To consider a restricted report.

The Panel considered an appeal against a decision made by officers not to offer the appellant the tenancy of her late father's property following his death.  The appellant attended the meeting to present her case accompanied by Councillor B Rolfe.  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 procedure 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)        the case of the Assistant Head of Housing Services (Operations);

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

(i)         letter dated 3 June 2007 from the appellant to the Council's Housing Services;

(ii)        letter dated 11 July 2007 from the Assistant Head of Housing Services (Operations) to the appellant;

(iii)       letter dated 27 June 2007 from the Assistant Housing Needs Manager (Allocations) to the appellant;

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

(i)         a copy of the application to the Housing Appeals and Review Panel dated 30 July 2007;

(ii)        three photographs showing a room in the appellant's existing property.

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

(a)        it was accepted that the officer's case was within Council policy but there were exceptional reasons for allowing the appeal;

(b)        it would have been possible for the appellant to have exchanged properties with her parents when they had been alive;  however, this had not been a priority whilst the appellant's mother had been alive as she had suffered from multiple sclerosis;  the appellant's mother's illness had placed a terrible strain on the whole family;

(c)        the appellant's mother had been taken into hospital in February 2007 suffering from anaemia and had died on 24 February 2007 after contracting an infection;

(d)        the appellant had continued to care for her father and help him to cope with the aftermath of his wife's death;  it had become apparent that he was not managing the situation and had mentioned the possibility of exchanging properties with the appellant;  as the appellant had a growing family, this was considered to be a good solution and the appellant and her father had intended to proceed with an exchange of properties;  however, before formalising any arrangement, the appellant's father had been taken ill suddenly and had died within two days;

(e)        the intentions of the appellant and her father were clear and the appellant could not have anticipated that in less than three months from her mother's funeral her father would die;

(f)         the appellant now appreciated that the proposed exchange should have been formalised as a matter of urgency but the time  ...  view the full minutes text for item 68.