Agenda and minutes

Housing Appeals and Review Panel - Tuesday 22nd May 2007 4.00 pm

Venue: Committee Room 1, Civic Offices, High Street, Epping. View directions

Contact: Graham Lunnun 

Items
No. Item

44.

MINUTES

To agree the minutes of the meeting of the Panel held on 25 April 2007 (attached).

Minutes:

RESOLVED:

 

            That the minutes of the meeting of the Panel held on 25 April 2007 be taken as read and signed by the Chairman as a correct record.

45.

SUBSTITUTE MEMBERS

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

Minutes:

It was noted that Councillor Farr was substituting for Councillor Mrs Richardson at this meeting.

46.

DECLARATIONS OF INTEREST

To declare interests in any item on the agenda.

Minutes:

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

47.

EXCLUSION OF PUBLIC OF PRESS

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):

 

Agenda Item No

Subject

Exempt Information Paragraph Number

6

Application No. 4/2007

1 and 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.

Minutes:

            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 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 No                   Paragraph No

 

            6            Application No 4/2007            1 & 2

48.

APPLICATION NO 4/2007

To consider a restricted report – attached.

Minutes:

The applicant’s mother attended the meeting on behalf of the applicant.  Mr J Hunt (Assistant Housing Needs Manager)(Homelessness)) attended the meeting to present his case.  Mr R Wilson (Assistant Head of Housing Services)(Operations) 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’s mother.

 

The Panel considered whether it would be appropriate to consider the application in the absence of the applicant, a representative of the Children’s Legal Centre who had advised the applicant in making his application or any other independent representative. The Panel took account of the fact that the applicant had not appointed his mother to represent him and in their view she appeared to be compromised in view of the available background evidence.

 

 

            RESOLVED:

 

            (1)            That consideration of this application be deferred to a future meeting;

 

            (2)            That the applicant be strongly recommended to attend the meeting arranged to consider this application and that he be advised to instruct the Children’s Legal Centre or another appropriate organisation to attend with him in order to present his case; and

 

            (3)            That the application be determined at that meeting even if the applicant is not present or represented.