Agenda and minutes

To agree the minutes of the meeting of the Panel held on 14 August 2008 (attached).

            RESOLVED:

That the minutes of the meeting of the Panel held on 14 August 2008 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 Mrs J Sutcliffe was substituting for Councillor Mrs J H Whitehouse.

To declare interests in any item on the agenda.

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

Councillor J Wyatt reported that the appellant in case Appeal No.10/2008 resided within the ward which he represented but he had no knowledge of the appellant.

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           Subject                                   Exempt Information

Item No                                                           Paragraph Numbers

6                      Appeal No. 10/2008                 1 and 2

7                      Application No. 8/2008            1 and 2

To consider a restricted report.

The Panel considered an appeal against a decision made by officers under delegated authority not to provide sound insulation to the property occupied by the appellant.  The appellant attended the meeting to present his case.  Mr N Taylor (Area Housing Manager) attended the meeting to present his case.  Mr D Barrett (Area Housing Manager) 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 appellant and outlined the procedure to be followed in order to ensure proper consideration was given to the appeal.

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

(a)         copies of documents submitted by the appellant, namely, the application to the Housing Appeals and Review Panel dated 20 August 2008;

(b)         the case of the Area Housing Manager;

(c)         copies of documents submitted by the Area Housing Manager, namely:-

(i)            letter dated 25 October 2007 from the Area Housing Manager to the appellant;

(ii)          letter dated 1 November 2007 from the Assistant Head of Housing Services (Operations) to the appellant;

(iii)    letter dated 12 February 2008 from solicitors acting on behalf of the appellant   to the Area Housing Manager;

(iv)        form of authority dated 11 February 2008 from the appellant authorising the Council to transfer information to his solicitors;

(v)          letter dated 19 February 2008 from the Area Housing Manager to the appellant’s solicitors.

The Panel considered the following submissions in support of the appellant’s case:

(a)         the appellant had signed a secure tenancy agreement for his current one bedroom second floor flat on 17 December 2001; the appellant resided in the property with his partner;

(b)         the appellant suffered from stress and as a result of his accommodation problems he suffered from regular panic attacks, stiffness in his neck, anxiety, insomnia, headaches and loss of appetite; he had been given medication to take and had been referred for counselling;

(c)         the appellant’s stress had become worse since 2005 when the problems with his existing accommodation had started;

(d)         the appellant had been born with a cleft palate; he had continued to have operations throughout his life as he had grown older to continually correct this condition; the operations had not run smoothly necessitating his return for corrective surgery; the appellant had been subject to five operations in the past six months and was due to have another operation;

(e)         after every operation, the appellant needed to return home to rest; there was a lot of pain associated with each operation and even after his return home, the appellant was required to take many painkillers to reduce the pain;

(f)           the appellant had suffered a motorbike accident when he was twenty and as a result he had problems with his spine; there was no treatment for this condition apart from an operation but he had been advised that such an operation could leave him paralysed;

(g)         the  ...  view the full minutes text for item 17.

To consider a restricted report.

The Panel considered a request 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 wife and a family friend/interpreter.  Mr J Hunt (Assistant Housing Options Manager – Homelessness) attended the meeting to present his case assisted by Mr B Howland (Council’s Homeless Hostel Manager).  Mr G Oakley (Senior Legal Executive) attended the meeting to advise the Panel as required on details of the national and local housing policies relative to the appeal.  Mr D Clifton (Principal Housing Officer – IT Systems) attended the meeting as a technician to show a CCTV recording.  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 application.

The Chairman noticed that the appellant did not appear to have an agenda for the meeting or the papers relating to his application.  The appellant stated that he had received the Council’s letter dated 10 October 2008 together with a copy of the agenda and the papers for his case but he had not shown these to his family friend/interpreter and he had not brought them to the meeting.  He confirmed that he had read the papers.  A copy of the agenda and the appellant’s case was provided and the family friend/interpreter was given time to read the papers.

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

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

(i)            the application to the Housing Appeals and Review Panel dated 2 July 2008 from the applicant’s solicitors to the Housing Directorate;

(ii)      letter dated 6 August 2008 from the applicant’s solicitors to the Housing Directorate:

(iii)         letter dated 30 September 2008 from the applicant’s solicitors to the Housing Directorate;

(b)   a summary of the case including the facts of the case and an outline of the homelessness legislation;

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

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

(i)            Hostel Manager’s file note regarding an incident on 28 May 2008;

(ii)          letter dated 29 May 2008 from the Assistant Housing Options Manager - Homelessness to the applicant;

(iii)         interview report dated 29 May 2008 by a Housing Officer on an interview with the applicant’s wife;

(iv)        interview report dated 2 June 2008 by a Housing Officer on an interview with the applicant;

(v)          letter dated 24 June 2008 from the Assistant Housing Options Manager  - Homelessness to the applicant.

The applicant commenced his case with his family friend/interpreter interpreting his submissions.

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

(a)         on 28 May 2008, the applicant had been in the kitchen of the Homeless Hostel with his family; another resident had entered into the kitchen wishing to speak to the applicant and his wife as he was angry  ...  view the full minutes text for item 18.