Agenda and minutes

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

There were no substitute members present at the meeting.

To declare interests in any item on the agenda.

(a)               Pursuant to the Council’s Code of Member Conduct, Councillor Mrs R Gadsby declared a personal interest in agenda item 5 (Appeal No.11/2008) by virtue of having been handed the application to the Panel for passing onto Council officers.  She advised that she had taken no action in relation to this matter other than to pass on the papers.  Accordingly the councillor had determined that her interest was not prejudicial and that she would remain in the meeting for the consideration and determination of this appeal.

(b)                           Councillor Mrs C Pond reported that the applicant in agenda item 6 (Application No. 12/2008) had resided within the ward which she represented but she had no knowledge of the applicant.

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

            5                      Appeal No. 11/2008                             1 and 2

            6                      Application No. 12/2008                      1 and 2

To consider a restricted report.

The Panel considered an appeal against decisions made by officers under delegated authority concerning the succession to a tenancy and the determination of a housing register application.  The appellant attended the meeting to present his case accompanied by his cousin.  Mr R Wallace (Housing Options 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:

             (i)     the application to the Housing Appeals and Review Panel dated 15   September 2008;

(ii)        undated letter to the Panel;

(ii)        exchange of e-mails between the appellant and the Council’s Housing Directorate;

(iv)       undated letter from the appellant to the Head of Housing Services following attendance at the Civic Offices on 26 August 2008;

(v)        undated letter from the appellant to the Head of Housing Services attaching a letter dated 1 September 2008 from the local Member of Parliament;

(vi)       letter dated 2 September 2008 from the Market Square Surgery to whom it may concern.;

(vii)      letter dated 3 September 2008 from the Assistant Housing Director (Operations) to the appellant;

(viii)      letter dated 10 September 2008 from the Assistant Housing Options Officer to the appellant;

(ix)       12 pages of a petition supporting the appellant’s case;

(x)        file note dated 19 September 2008 made by the Assistant Housing Options Manager – Homelessness;

(xi)       letter dated 19 September 2008 to the Council from the appellant’s solicitors;

(xii)      form of authority dated 9 September 2008 from the appellant authorising the Council to release information to his solicitors;

(xiii)      letter dated 24 September 2008 from the Housing Options Manager to the appellant;

(b)        the facts of the case;

(c)        the case of the Housing Options Manager;

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

(i)         letter dated 26 September 2007 from the Housing Assistant (Needs) to the appellant;

(ii)        the Council’s Banding Scheme;

(iii)       undated letter from the appellant to the Head of Housing Services received on 1 September 2008;

(iv)       letter dated 3 September 2008 from the Assistant Housing Director (Operations) to the appellant;

(v)        a copy of a self assessment medical form completed by the appellant;

(vi)       letter dated 2 September 2008 from the Waltham Abbey Health Centre to whom it may concern;

(vii)      letter dated 10 September 2008 from the Assistant Housing Options Officer to the appellant;

(viii)      certificate of service of Notice to Quit dated 24 September 2008.

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

(a)               the appellant had resided at the family home from his birth in 1983 to 2004 when he  ...  view the full minutes text for item 22.

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.  Mr J Hunt (Assistant Housing Options Manager - Homelessness) attended the meeting to present his case.  Mr R Wilson (Assistant Housing Director – Operations) 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.

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 19 September 2008;

(ii)        letter dated 18 July 2008 from the applicant’s solicitors to the Council’s Legal Services;

(iii)       letter dated 1 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)         interview report dated 30 April 2008 by a Housing Officer on an interview with the applicant;

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

(iii)       interview report dated 23 June 2008 by a Housing Officer on an interview with the applicant;

(iv)       letter dated 19 May 2008 from the Council’s Benefits Manager to the applicant;

(v)                letter dated 4 July 2008 from the Assistant Housing Options Manager – Homelessness to the applicant;

(vi)       letter dated 18 July 2008 from the applicant’s solicitors to the Council’s Legal Services;

(vii)      interview report dated 30 July 2008 by a Housing Officer on an interview with the applicant;

(viii)           letter dated 15 August 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 applicant had been treated like a liar by the officers; he always told the truth; he had suffered difficult times throughout his life but on all previous occasions he had managed to resolve the issues without seeking help from the authorities;

(b)        he had lived in this country since the 1960s except for three years between 1968 and 1971 when he had emigrated to Australia; on his return he had been homeless but had not approached a local authority even though he had two children at the time and his wife was expecting a third; he had stayed with his brother for two months and had then bought a house in Crouch End; he had started a business but it had not gone well and he had closed the factory; he had become a  ...  view the full minutes text for item 23.