Agenda and minutes

To agree the minutes of the meeting of the Panel held on 22 May 2007 (attached).

RESOLVED:

That the minutes of the meeting of the Panel held on 22 May 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 Councillor Rolfe was substituting for Councillor D’Souza 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 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 Item            Subject            Exempt Information

            No                   Paragraph Nos

            6            Application No 4/2007            1 and 2

To consider a restricted report.

The Panel considered an application for a review of a decision made by the Assistant Housing Needs Manager (Homelessness) acting under delegated authority that the applicant had made himself homeless intentionally.  The applicant attended the meeting to present his case accompanied by his mother.  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 application.  The Chairman introduced the members of the Panel and officers present to the applicant and outlined the procedures to be followed in order to ensure that proper consideration was given to the review.

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

(a)        a summary of the application together with the facts of the case forming part of the agenda for the meeting;

(b)        the case of the Assistant Housing Needs Manager (Homelessness);

(c)               copies of documents submitted by the Assistant Housing Needs Manager (Homelessness) namely:

(i)                 applicant’s completed housing and homelessness application form dated 17 January 2007 together with notes of an interview of the applicant by a case officer dated 16 January 2007;

(ii)                letter dated 15 January 2007 from the applicant’s mother to whom it may concern;

(iii)              letter dated 15 January 2007 from the Chelmsford Youth Offender Team to the Council’s Homelessness Section;

(iv)              applicant’s birth certificate;

(v)               letter dated 14 March 2007 from the Assistant Housing Needs Manager (Homelessness) to the applicant;

(vi)            decision of NACRO not to house the applicant;

(vii)            letter dated 6 March 2007 from the Children’s Legal Centre to the Council’s Homelessness Section;

(viii)            letter dated 15 March 2007 from the Assistant Housing Needs Manager (Homelessness) to the Children’s Legal Centre;

(ix)            letter dated 19 March 2007 from the Children’s Legal Centre to the Assistant Housing Needs Manager (Homelessness);

(x)            letter dated 20 March 2007 from the Housing Needs Manager to the Children’s Legal Centre;

(xi)            letter dated 29 March 2007 from the Children’s Legal Centre to the Housing Needs Manager;

(xii)            a copy of the application to the Housing Appeals and Review Panel by the applicant dated 26 March 2007;

(xiii)            letter dated 2 April 2007 from the Head of Housing Services to the Children’s Legal Centre;

(xiv)            letter dated 9 May 2007 from the Democratic Services Manager to the Children’s Legal Centre;

(xv)   undated letter handed to the applicant on 9 February 2007 by the Assistant Housing Needs Manager (Homelessness);

(xvi)            Chapter 11 of the Homelessness Code of Guidance for Local Authorities;

(xvii)            letter dated 6 February 2007 from the applicant’s doctor;

(xviii)            letter dated 25 April 2005 from the Department for Work and Pensions to the applicant’s mother;

(xiv)            file notes associated with the applicant’s homelessness application;

(d)       the case of the appellant;

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

            (i)            a copy of the application to the Housing Appeals and Review  ...  view the full minutes text for item 53.