Agenda and minutes

To agree the minutes of the meeting of the Panel held on 20 December 2007 (attached).

RESOLVED:

That the minutes of the meeting of the Panel held on 20 December 2007 be taken as read and signed by the Chairman as a correct record.

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

It was noted that Councillor B Sandler 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.

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:

Agenda                                                                       Exempt Information

Item No.          Subject                                               Paragraph Numbers

6                      Application No. 12/2007                      1 and 2

7                      Application No. 14/2007                      1 and 2

To consider a restricted report.

The Panel considered an application for a review of a decision made by officers under delegated authority regarding the applicant's homelessness application.  The applicant attended the meeting accompanied by his solicitor and his wife.  Mr J Hunt (Assistant Housing Options Manager) attended the meeting to present his case.  Mr A Hall (Director of Housing) 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 appellant, his wife and his solicitor and outlined the procedure to be followed in order to ensure that proper consideration was given to the application.

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

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

(i)         a copy of the application to the Housing Appeals and Review Panel dated 1 November 2007;

(ii)        letter dated 8 November 2007 from the applicant's solicitor to the Council's Housing Services;

(iii)       letter dated 21 December 2007 from the applicant's solicitor to the Council's Housing Services;

(iv)       letter dated 11 January 2008 from the applicant's solicitor to the Council's Housing Services;

(v)        letter dated 28 January 2008 from the West Essex Community Drug and Alcohol Team to " Whom it may concern";

(vi)       response dated 13 June 2007 from the applicant to the Council's Housing Benefits Section’s letter dated 11 June 2007;

(vii)      letter dated 14 June 2007 from the Council’s Housing Benefits Section to the applicant;

(viii)      letter dated 18 June 2007 from the Council’s Housing Benefits Section to the applicant on which the applicant had written some answers to the questions raised in the letter;

(vix)     receipts dated 31 May 2007, 5 June 2007, 7 June 2007, 8 June 2007, 12 June 2007, 13 June 2007,14 June 2007, 18 June 2007, 22 June 2007, 7 August 2007, 21 August 2007 and 22 August 2007 issued by the Council's Housing Benefits Section for documents provided by the applicant;

(copies of (v) to (vix) above were produced by the applicant at the meeting)

(b)        the facts of the case;

(c)        the case of the Assistant Housing Options Manager;

(d)        copies of documents submitted by the Assistant Housing Options Manager, namely:

(i)         Order for Possession of the applicant's privately rented property;

(ii)        notes of an interview of the applicant by a Housing Officer dated 17 May 2007;

(iii)       letter dated 12 September 2007 from the Council's Medical Advisor to the Council's Housing Services;

(iv)       notes of an interview of the applicant's landlord of the privately rented property by a Housing Officer, dated 30 May 2007;

(v)        letter dated 12 June 2008 from the applicant’s landlord of the privately rented property to the Council’s Housing Benefits Section;

(vi)       letter dated 21 June 2007 from the Council's Benefits Manager to the applicant;

(vii)      notes of an interview of the applicant by a Housing Officer dated 21 September 2007;

(viii)  ...  view the full minutes text for item 101.

To consider a restricted report.

The Panel considered an application for a review of a decision made by officers under delegated authority that the applicant had become homeless intentionally from temporary accommodation provided by the Council and as a result the duty on the Council to provide him with temporary accommodation had been discharged.  The applicant attended the meeting to present his case accompanied by his solicitor.  Mr J Hunt (Assistant Housing Options Manager) attended the meeting to present his case assisted by Mr P Dee (Deputy Hostel Manager).  Mr A Hall (Director of Housing) 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 his solicitor and outlined the procedure to be followed in order to ensure that proper consideration was given to the application.

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

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

(i)         a copy of the application to the Housing Appeals and Review Panel dated 10 October 2007;

(ii)        letter dated 12 October 2007 from the applicant's solicitor to the Council's Housing Services;

(iii)       letter dated 21 December 2007 from the applicant's solicitor to the Council's Housing Services;

(b)        the facts of the case;

(c)        the case of the Assistant Housing Options Manager;

(d)        copies of documents submitted by the Assistant Housing Options Manager, namely:

(i)         copy of the applicant's licence to occupy a room at the Council's hostel dated 14 November 2006;

(ii)        Hostel Manager's summary of events regarding the applicant's occupancy of a room at the hostel;

(iii)       letter dated 17 September 2007 from the Assistant Housing Needs Manager (Homelessness) to the applicant;

(iv)       letter dated 24 September 2007 from the Assistant Housing Needs Manager (Homelessness) to the applicant.

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

(a)        the applicant had not breached the conditions of his licence;  his absence from the hostel from 19 September 2007 until 3 October 2007 had been due to him staying at his cousin's house in order to look after his cousin's dogs whilst his cousin was on holiday;  before that absence both the applicant and his cousin had attempted to contact staff at the hostel on a number of occasions but each time the office had been closed;  the applicant had continued to telephone the office but had been unable to contact anyone to advise that he would be away from the hostel for two weeks;

(b)        the applicant had also been absent from the hostel for one or two nights on two occasions and he had advised the hostel staff of those absences;

(c)        the applicant's rent arrears had accrued due to the fact that he had not had the money to pay the rent;  his only income had been Job Seekers Allowance and it had been necessary for him to visit his  ...  view the full minutes text for item 102.

The Panel considered the commencement time of future meetings.

            RESOLVED:

            That all future meetings of the Panel commence at 2.30 p.m.