Agenda and minutes

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

It was noted that there were no substitute members present at this meeting.

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 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 Number

5                      Appeal No: 6/2009                               1

6                      Application No: 4/2009                        1

To consider the attached restricted report.

The Panel considered an appeal against a decision made by officers under delegated authority regarding the banding of the appellant’s housing application.  The appellant attended the meeting to present her case accompanied by her partner and her partner’s mother.  Ms T Selley, Assistant Housing Options Manager (Allocations) attended the meeting to present her case.  Mr R Wallace, Housing Options 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 members of the Panel and officers present to the appellant and sought the consent of the appellant and the Assistant Housing Options Manager (Allocations) to Mrs R Smith attending the meeting as an observer.  Both parties agreed to Mrs Smith being present.  The Chairman outlined the procedure to be followed in order to ensure that 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 2 June 2009;

(b)        a summary of the case including the facts of the case;

(c)        the recommendation of the Assistant Housing Options Manager (Allocations);

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

(i)                  letter dated 17 March 2008 from the Assistant Head of Housing (Operations) to the appellant;

(ii)                letter dated 22 April 2009 from the appellant’s GP to “whom it may concern”;

(iii)               letter dated 29 April 2009 from the Assistant Director of Housing (Operations) to the appellant;

(iv)              a copy of the Council’s Housing Allocations Scheme dated April 2009.

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

(a)        the appellant should be moved from Band 2 to Band 1 on strong medical grounds;

(b)        the appellant needed to be living with her partner as living apart had a detrimental affect on her mental health; she was suffering with depression, anxiety and panic attacks;

(c)        as the appellant was not suffering from a physical disability she had not been given sufficient consideration by officers;

(d)        the situation was also having a detrimental effect on the appellant’s partner who suffered with depression and on their son;

(e)        the appellant’s partner was the principal carer for his father living with his father and other members of his family in a property some distance from the appellant’s current property; whilst the appellant’s partner visited the appellant frequently his visits were restricted by virtue of having to care for his father.

The appellant, her partner and her partner’s mother answered the following questions of the Assistant Housing Options Manager (Allocations) and the Panel:-

(a)        (To the appellant) Are you consulting the Mental Health Team? No but I have seen a counsellor although not on a regular basis; the last time I saw a counsellor was three months’ ago and I am on a waiting list for another appointment; I have had six or  ...  view the full minutes text for item 16.

To consider the attached restricted report.

The Panel was advised that consideration of this application had been deferred at the meeting on 2 July 2009 at the request of the applicant’s solicitors so that they could properly advise their client.

Members noted that since 2 July 2009, letters had been sent to the applicant in order to establish whether it was her intention to attend this meeting to present her case. No replies had been received but when attempting to contact the applicant by telephone an officer had spoken to the applicant’s sister who had advised that the applicant would not be attending this meeting and did not wish to pursue her application to the Panel. As a result a further letter had been sent to the applicant on 17 July 2009 advising her that her application was being treated as withdrawn unless she indicated otherwise by return. No response had been received.

Members were also informed that the applicant’s solicitors had advised that they had been unable to obtain any instructions from the applicant and were not in a position to make any representations on her behalf.

             RESOLVED:

             That application 4/2009 be regarded as having been withdrawn.