Agenda and minutes

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

It was noted that Councillor Mrs Lea 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                                                                      Exempt Information

Item No                   Subject                                 Paragraph Numbers

5                                  Appeal No: 6/2007            1 and 2

To consider a restricted report.

The Panel were reminded that consideration of this appeal had been deferred at the meeting held on 26 June 2007 as the appellant although expected to attend had not been present.  At that meeting the Panel had decided that arrangements should be made for another meeting to hear the appeal and that the appeal would be determined at that meeting whether or not the appellant was in attendance.

The Democratic Services Manager reported that he had sent two letters and made several telephone calls to the appellant in an attempt to establish whether she would be attending this meeting.  On 3 August 2007, she had returned one of the telephone calls and advised that she would be attending this meeting.  However, earlier in the day she had telephoned the Council's Housing Services to advise that she would not be present.

In accordance with their previous decision, the Panel proceeded to consider the appeal against the decision made by the Housing Repairs Manager acting under delegated authority to recharge the appellant for damage caused to the front entrance door of her property.  Mr P Pledger (Assistant Head of Housing Services (Property and Resources)) attended the meeting to present the Housing Repairs Manager's 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 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 Housing Repairs Manager;

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

(i)         out-of-hours emergency incident report dated 25 May 2003;

(ii)        Works Order No: 1234997;

(iii)       Works Order No: 1240784;

(iv)       Works Order No: 1242826;

(v)        letter dated 14 August 2003 from the Assistant Repairs Manager to the appellant;

(vi)       letter dated 18 August 2003 from the appellant to the Assistant Repairs Manager;

(vii)      letter dated 2 September 2003 from the Assistant Repairs Manager to the appellant;

(viii)      invoice to the appellant in the sum of £481.41;

(ix)       letter dated 17 November 2003 from the appellant in response to a letter received from the Council's Finance Service;

(x)        letter dated 8 December 2003 from the Council's Solicitor to the appellant;

(xi)       letter dated 3 February 2004 from the Assistant Repairs Manager to Essex Police;

(xii)      letter dated 15 February 2004 from the appellant to the Council's Finance Service;

(xiii)      letter dated 28 June 2004 from Essex Police to the Council's Housing Services;

(xiv)     letter dated 24 November 2005 from the Council's Solicitor to the appellant;

(xv)      letter dated 2 December 2005 from the Council's Solicitor to the appellant;

(xvi)     letter dated 3 November 2006 from the Council's Litigation Lawyer to the appellant;

(xvii)     letter dated 6 November 2006 from the appellant to the Council's Litigation Lawyer;

(xviii)    letter dated 14 November 2006 from the Council's  ...  view the full minutes text for item 62.