Agenda and minutes

To agree the minutes of the meeting of the Panel held on 18 December 2009 (attached).

            RESOLVED:

            That the minutes of the meeting of the Panel held on 18 December 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 Ms J Hedges was substituting for Councillor J Wyatt.

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. 1/2009                     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 father, her personal adviser from the Leaving and After Care Service and another family member.  Mr J Hunt (Assistant Housing Options Manager (Homelessness)) 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 applicant 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, the application to the Housing Appeals and Review Panel dated 10 February 2009;

(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)         notice seeking possession of a property let to the applicant by the NACRO Housing Association;

            (ii)        chronology of events prepared by NACRO Housing Association in relation to the applicant’s period of tenancy with the Housing Association;

            (iii)       letter dated 22 January 2009 from the NACRO Team Manager to the Assistant Housing Options Manager (Homelessness);

            (iv)       letter dated 3 February 2009 from the Team Manager Leaving and After Care Service to the Council;

            (v)        letter dated 18 November 2008 from the applicant to the Leaving and After Care Service;

            (vi)       interview report dated 5 December 2008 by a Housing Officer on an interview with the applicant;

            (vii)      interview report dated 29 September 2008 by a Housing Officer on an interview with the applicant;

            (viii)      letter dated 30 January 2009 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 applicant had been settled when living with her sister in foster care and had not wanted to leave when she had reached the age of 18; the applicant from the age of 16 had been made aware of the need to leave her foster home when reaching the age of 18 and this had worried her and had a detrimental effect on her studying;

(b)        on being required to leave foster care, the applicant had been placed in a NACRO Housing Association managed property;

(c)        she had been placed in a NACRO Housing Association managed property in order to receive continued support as a vulnerable person but this had not been provided by either NACRO or the Essex County Council Leaving and After Care Service;

(d)        the NACRO Housing Association managed property in which the applicant had been accommodated had also been occupied  ...  view the full minutes text for item 33.