Agenda and minutes

(Assistant to the Chief Executive) To report the attendance of any substitute members for the meeting.

It was noted that Councillor J Lea was substituting for Councillor R D’Souza.

To declare interests in any item on the agenda.

No declarations of interest were made pursuant to the code of conduct for members.

A Hall, Housing Director declared a personal interest in case 3/2008 and indicated that he would be withdrawing from the meeting for that item and that Mr R Wilson would advise the panel on that case.

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:

To consider a restricted report.

The Panel considered a review of a decision made by officers under delegated authority that an offer of a two bedroomed property was a suitable offer for the applicant’s needs.  The applicant had previously appealed to the County Court on a point of law.  At the appeal hearing the Judge had quashed the officer review decision and the matter had been remitted back to the Authority to undertake a further review.

The applicant attended the meeting to present her case together with two of her children.  Mr R Wallace (Housing Options Manager) attended the meeting to present the officers’ case, Mr A Hall (Housing Director) 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 applicant and outlined the procedure to be followed in order to ensure that proper consideration was given to the review.

No documents were submitted by the applicant in connection to this case prior to the meeting. A bundle of documents were tabled at the meeting by the applicant but were not referred to by the applicant in her presentation or summing up.

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

(a)        The case of the Housing Options Manager;

(b)        Copies of documents submitted by the Housing Options Manager, namely:

(i)         a letter dated 28 March 2007 from the Assistant Housing Needs Manager to the applicant;

(ii)        a letter dated 21 March 2007 from the Hostel Management Team to the applicant;

(iii)            undated letter from the applicant to the Hostel Management Team (referred to as Appendix 3 of the agenda)

(iv)       a letter dated 26 March 2007 from the Hostel Management Team to the applicant;

(v)        an interview report dated 9 May 2007;

(vi)       a letter dated 15 June 2007 from the Assistant Housing Needs Manager (Homelessness) to the applicant (Appendix 6 in the agenda);

(vii)      a letter dated 25 June 2007 from the Assistant Housing Needs Manager (Homelessness) to the applicant (Appendix 7 in the agenda);

(viii)      a letter dated 27 June 2007 from the applicant to the Assistant Housing Needs Manager (Allocations);

(ix)       a letter dated 4 July 2007 from the Assistant Head of Housing (Management) to the applicant (Appendix 9 of the agenda)

(x)        a letter dated 11 July 2007 from the applicant to the Assistant Head of Housing (Management);

(xi)       a letter dated 21 August 2007 from the Assistant Head of Housing (Management) to the applicant (Appendix 11 of the agenda)

(xii)      an undated letter from the applicant to the Assistant Head of Housing (Management) (Appendix 12 to the agenda);

(xiii)            Witness Statement of Assistant Housing Needs Manager (Homelessness) dated 12 October 2007;

(xiv)            Judgement of Cambridge County Court dated 12 November 2007;

(xv)            Respondents (EFDC) Skeleton Argument to Cambridge County Court prepared by the Council’s Barrister dated 12 October 2007;

(xvi)            Attendance Note prepared by Council’s Barrister 27 November 2007;

(xvii)  ...  view the full minutes text for item 95.

To consider a restricted report.

Members were advised that the applicant had stated on his application form to the Panel that he intended to attend the meeting in order to present his case.  The Panel noted that the applicant had been advised to attend at 5.30pm but was currently not present at the Civic Offices.

RESOLVED:

That consideration of Application 3/2008 be deferred to a future Panel meeting to allow the applicant to attend.