Agenda and minutes

To agree the minutes of the meeting of the Panel held on 20 August 2009 (attached).

            RESOLVED:

That the minutes of the meeting of the Panel held on 20 August 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 Ms J Hedges was substituting for Councillor J Wyatt.

To declare interests in any item on the agenda.

Pursuant to the Council’s Code of Member Conduct, Councillor Mrs R Gadsby declared a personal interest in agenda item 6 (Appeal No 8/2009) by virtue of having advised the appellant about the procedure for making an appeal.  She advised that she had not expressed any view about the matter and had determined that 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 8/2009                                            1

7                      Application No 9/2009                                     1

8                      Progress Report on Previous

                        Appeals/Applications                                       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 his case.  Ms T Selley, Assistant Housing Options Manager (Allocations) 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:

            his application to the Housing Appeals and Review Panel dated 6 July 2009;

(b)        the case of the Assistant Housing Options Manager (Allocations);

(c)        a copy of the Bandings forming part of the Council’s Housing Allocations Scheme.

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

(a)        the appellant resided in a one bedroom property; three years ago his son had chosen to live with him and not his mother as his mother’s current partner was an alcoholic and violent; the appellant had been happy to accommodate his son as he did not want him growing up in the environment being experienced at his son’s mother’s property;

(b)        the appellant had been demoted from Band 3 to Band 4 of the Council’s Housing Allocations Scheme because he was not in need of a garden; the appellant could not understand why a garden was such an issue; the appellant’s only concern was to have a property with a second bedroom;

(c)        the appellant’s son had reached the age of 15 last May and as a result this had affected the appellant’s banding of his Housing Application;

(d)        having only one bedroom was placing restrictions on the day-to-day activities of both the appellant and his son; the appellant was now in a new relationship and although his partner did not live with the appellant she did on occasions stay overnight at the appellant’s property; the appellant’s son slept on a sofa bed in the living room; his son would be leaving school next year and hoped to attend college and a young man of that age needed his own bedroom;

(e)        space in the appellant’s property was at a premium and the appellant had erected a small tool shed in the communal garden for the block of flats in which the appellant’s property was situated; because the appellant resided in a first floor property he had been told to remove the shed;

(f)         the appellant had had six operations on one eye during the last two years and still required further treatment on that eye and on his other eye; when recovering from the operations his son had helped with household chores;

(g)        the appellant had consulted his GP about  ...  view the full minutes text for item 30.

To consider the attached restricted schedules.

The Chairman agreed to alter the order of business for the meeting and to take this item next as the applicant for the case Application No 9/2009 had not yet arrived at the Civic Offices.

The Panel considered a progress report on previous appeals/applications.

In relation to Appeal 5/2009, the Director of Housing reported the results of the consultation exercise.  He reminded members that they had decided to agree to the removal of a fence if a simple majority of residents and Essex Highways had no objections.  He pointed out that the Panel had also agreed that residents not responding to the consultation exercise should be considered to be in favour of removal of the fence.  The Panel noted that nine responses had been received from the seventeen households consulted.  Five responses had been against the removal of the fence and four had been in favour.  However, taking account of those not responding and the Panel’s previous decision in relation to those it was clear that the majority of households consulted were in favour of removal of the fence.  The Director of Housing advised that a response was still awaited from Essex Highways and if they indicated that they had no objection the fence would be removed.  Members agreed that this case should remain on the schedule of outstanding cases.

In relation to Appeal 2/2009, the Director of Housing advised that several repairs had been undertaken to the faulty shower and that following the last repair on 24 August no further representations had been received from the tenant. 

            RESOLVED:

(1)   That the progress report on previous appeals and applications be noted; and

(2)   That cases Appeal 7/2009, Appeal 6/2009, Application 3/2009, Application 1/2009 and Appeal 2/2009 be deleted from the schedule.

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.  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 members of the Panel and officers present to the applicant.

The Chairman 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)         her application to the Housing Appeals and Review Panel dated 17 September 2009;

            (ii)        warrant to search for and remove patient dated 12 May 2008;

            (iii)       admission to hospital for assessment - patient’s information leaflet;

            (iv)       statement of rent account of privately rented property;

(v)        letter dated 18 September 2009 from a recruitment  agency with which the applicant had registered;

(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)         Order for Possession issued on 5 December 2008;

(ii)        letter dated 6 May 2009 from the applicant’s former landlady to the Council together with a statement of the applicant’s rent account from July 2007 until April 2009;

(iii)       Housing Officer file note dated 2 April 2009 following an interview with the applicant;

(iv)       Housing Officer file note dated 30 July 2009 following a further interview with the applicant;

(v)        Housing Officer file note dated 13 August 2009 following a further interview with the applicant;

(vi)       Housing Officer file note dated 4 August 2009 following discussions with officers in the Council’s Housing Benefits Section together with details of Housing Benefit paid;

(vii)      letter dated 1 September 2009 from the Assistant Options Manager (Homelessness) to the applicant.

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

(a)        the applicant and her partner had commenced living in privately rented accommodation in July 1999 at which time the applicant had been a part-time student and her partner a full-time student; for years they had paid the rent in full; the rent had not been increased over a long period probably because they had been good tenants and had always paid the rent on time;

(b)        the aim of the applicant and her partner had been to obtain a mortgage and own their own property; they had applied for a mortgage but at that time their circumstances had changed and they had been unsuccessful;

(c)        the changes in their circumstances had commenced in January 2006 when the applicant’s daughter had been born;

(d)        in March 2006 the applicant’s partner  ...  view the full minutes text for item 32.