Agenda and minutes

To agree the minutes of the meetings of the Panel held on 23 October and 5 November 2008 (attached).

            RESOLVED:

That the minutes of the meetings of the Panel held on 23 October and 5 November 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.

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           Subject                                   Exempt Information

Item No.                                                          Paragraph Number

6                      Application No. 13/2008          1 and 2

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 to present her case accompanied by her son.  Mr J Hunt (Assistant Housing Options Manager – Homelessness) attended the meeting to present his case.  Mr R Wilson (Assistant Director Operations – Housing) 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 and outlined the procedure to be followed in order to ensure that proper consideration was given to the application.

Officers questioned whether it was appropriate for the appellant’s son to remain in the meeting in the light of the issues to be discussed.  After discussion with the applicant it was agreed that the applicant’s son would leave the meeting and wait in the reception area.

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

(a)         copies of documents submitted by the applicant namely, the application to the Housing Appeals and Review Panel dated 21 November 2008;

(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)            letter dated 4 February 2008 from the applicant’s former landlord to the applicant;

(ii)          letter dated 27 June 2008 from the applicant’s former landlord to the Council together with a statement of the applicant’s rent payments and arrears;

(iii)         interview report dated 25 July 2008 by a Housing Officer on an interview with the applicant;

(iv)        interview report dated 16 September 2008 by a Housing Officer on an interview with the applicant;

(v)          letter dated 13 October 2008 from the applicant’s former landlord to the Council;

(vi)        interview report dated 24 October 2008 by a Housing Officer on an interview with the applicant;

(vii)       letter dated 12 November 2008 from the Assistant Housing Options Manager  (Homelessness) to the applicant.

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

(a)         the monthly rental of the property in an adjoining borough occupied by the applicant had been £950 and not £900 as stated by Council officers (the applicant submitted a copy of the Tenancy Agreement for inspection);

(b)         the Council officers had stated that the applicant’s only reason for leaving the property in the adjoining borough had been to get a property closer to her children’s school; in addition she had suffered difficulties with the landlord when he came to the property each month to collect £50 of the rent not paid by Housing Benefit; the landlord had questioned the cleanliness of the property;

(c)         the tenancy of the property in the adjoining borough had been for only one year from 9 June 2006 until 8 June 2007;

(d)  ...  view the full minutes text for item 28.