Agenda and minutes

To agree the minutes of the meetings of the Panel held on 23 April, 18 June, 2 July  and 23 July 2009 (attached).

RESOLVED:

That the minutes of the meetings of the Panel held on 23 April, 18 June, 2 July and 23 July 2009 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 B Sandler was substituting for Councillor B Rolfe.

To declare interests in any item on the agenda.

Pursuant to the Council’s Code of Member Conduct, Councillor Mrs C Pond declared a personal interest in agenda item 6 (Appeal No 5/2009) by virtue of representing the ward in which the appellant’s property was situated and being a member of the same group as the appellant’s representative.  The Councillor advised that she had no previous knowledge of the appeal and that she had determined her interest was not prejudicial and that she would remain in the meeting for the consideration and voting on the matter.

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 paragraph 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 No

6                                  Appeal No 5/2009                    1

7                                  Appeal No 7/2009                    1

To consider a restricted report (to follow).

The Panel considered an appeal against a decision made by officers under delegated authority regarding the appellant’s application for a vehicular crossover.  The appellant attended the meeting to present her case accompanied by Councillor J Markham.  Mr D Barrett, Area Housing Manager (South) 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 appeal.  The Chairman introduced members of the Panel and officers present to the appellant.

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:

(i)                  application to the Housing Appeals and Review Panel dated 28 May 2009;

(ii)        letter dated 3 March 2009 from a Housing Officer (Management) to the appellant;

(iii)               undated letter from the appellant to the Head of Housing Services received by the Council on 24 February 2009;

(iv)       letter dated 22 June 2007 from the Assistant Head of Housing Services (Operations) to the appellant;

(v)        letter dated 14 June 2007 from the appellant to the Assistant Head of Housing Services;

(vi)       letter dated 12 June 2007 from a Housing Management Officer to the appellant;

(vii)      completed application form for crossover;

(viii)      the appellant’s parking card for people with disabilities;

(b)        the case of the Area Housing Manager (South);

(c)        a copy of a document submitted by the Area Housing Manager (South), namely a letter dated 22 June 2007 from the Assistant Head of Housing Services (Operations) to the appellant.

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

(a)        the appellant’s property was fronted by a sloping grass verge and by a fence at the top of the verge adjacent to the public footway; the fence served no useful purpose except to block access to the appellant’s property which already had double gates and a hardstanding for a vehicle; it appeared that a vehicle had been kept within the curtilage at some time in the past prior to the fence being erected;

(b)        when returning home with shopping it would be necessary for the appellant to park her vehicle in front of someone else’s property, cross the road and walk to the end of the fence and then to her property several times; the situation was made worse by the presence of double yellow lines on the road in front of the appellant’s property;

(c)        further down the road where parking was permitted on the street, vehicles were parked on both sides leaving only sufficient width for one vehicle; if the appellant were able to park her vehicle within the curtilage of her property there would be one less car parked on the highway;

(d)        the bend in the road in front of the appellant’s property did not cause a safety issue as the  ...  view the full minutes text for item 22.

To consider the attached restricted report.

The Panel considered an appeal against a decision made by officers under delegated authority regarding the appellant’s rent arrears.  The appellant attended the meeting accompanied by Parish Councillor P Collins and advised that Councillor Collins would present her case.  Mrs R Smith, Area Housing Manager (North) attended the meeting to present her 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 appeal.  The Chairman introduced members of the Panel and officers present to the appellant.

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:

(i)         the application to the Housing Appeals and Review Panel dated 4 June 2009;

(ii)        letter dated 15 August 2009 from the appellant to the Housing Appeals and Review Panel;

(iii)       notification of Council Tax and Housing Benefit Award from 6 April 2009 including an officer’s written note thereon;

(iv)       the appellant’s rent payment details for the years 2005/06, 2006/07, 2007/08, 2008/09 and 2009/10;

(v)        letter dated August 2009 from the Director of Housing to the appellant;

(vi)       letter dated 9 May 2009 from the appellant to the Assistant Director of Housing (Operations);

(vii)      letter dated 15 August 2009 from Councillor P Collins to the Housing Appeals and Review Panel;

(b)        the case of the Area Housing Manager (North);

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

            (i)         letter dated 30 March 2009 from the appellant to the Council;

(ii)        letter dated 9 May 2009 from the appellant to the Assistant District of Housing (Operations);

(iii)       letter dated 14 May 2009 from the Assistant Director of Housing (Operations) to the appellant;

(iv)       letter dated 7 April 2009 from the then Area Housing Manager (North) to the appellant;

(v)        letter dated February 2008 from the Director of Housing to the appellant;

(vi)       letter dated 19 March 2008 from the Council’s Benefits Manager to the appellant;

(vii)      the appellant’s transaction history from September 1999 to July 2009;

(viii)      schedule of the appellant’s recovery event history dated 21 July 2009.

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

(a)        the appellant was expected to calculate from the rent increase letter and the Housing Benefit notification in order to work out the amount of net rent payable each year; this was not straightforward and it would make more sense for the Housing and Finance Directorates to communicate with each other regarding rent and benefits and then notify the tenant of the net amount to be paid; data protection would not apply in these circumstances;

(b)        the current system was dependent on tenants being able to understand complicated figures and confusing text;

(c)        the Council should produce an end of year balance sheet clearly stating what was  ...  view the full minutes text for item 23.

The Panel were advised that their meeting scheduled for September 2009 had been cancelled and that the October 2009 meeting was scheduled to be held on 22 October 2009. They were invited to alter the date of the October meeting as one of the parties to the one case currently to be considered at that meeting was not available on 22 October 2009.

RESOLVED:

That the next meeting of the Panel be held on 15 October 2009 commencing at 2.30 pm.

The Director of Housing advised the Panel that their Terms of Reference were to hear appeals against and reviews of decisions taken by officers acting under delegated authority, on housing matters. He informed members that as a result all decisions taken by Housing officers were subject to consideration by the Panel.

Members discussed whether, having regard to Council policy, there was any benefit in some decisions taken by officers being exempt from appeal to or review of by the Panel.

RESOLVED:

That the Director of Housing submit a report to the next meeting of the Panel listing all the decisions taken by Housing officers to enable further consideration to be given to this matter.