Agenda and minutes

To agree the minutes of the meeting of the Panel held on 15 October 2009 (attached).

            RESOLVED:

            That the minutes of the meeting of the Panel held on 15 October 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 Mrs J Hedges was substituting for Councillor J Wyatt.

To declare interests in any item on the agenda.

There were no declarations of interest by members of the Panel under this item.

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                                  Application No 10/2009           1

            7                                  Application No 11/2009           1

To consider the attached 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 aunt.  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 20 November 2009;

(ii)        copy of a letter dated 30 November 2009 from the applicant’s solicitors to the Housing Directorate;

(iv)       copy of a letter dated 24 November 2009 from the applicant’s solicitors to the Council;

(v)        copies of records of caution for theft and criminal damage relating to the applicant’s partner;

(vi)       copy of a record of pre-interview briefing in relation to the applicant’s partner;

(vii)      copy of a Police caution relating to the applicant’s partner;

(viii)      copies of letters dated 1 December 2009 from the applicant’s solicitors to the Council’s Legal Services and Housing Directorate;

(b)        a summary of the case including the facts of the case and a 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)         copy of letter dated 4 September 2009 from the applicant’s partner’s parents to the Council;

(ii)        Housing Officer file note dated 30 September 2009 following a telephone call from the applicant’s partner’s mother;

(iii)       Housing Officer file note dated 28 August 2009 following an interview with the applicant and her partner;

(iv)       Housing Officer file note dated 28 October 2009 following a further interview with the applicant and her partner;

(v)        copy of letter dated 6 November 2009 from the Assistant Housing Options Manager (Homelessness) to the applicant;

(vi)       copy of letter dated 24 November 2009 from the applicant’s solicitors to the Council.

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

(a)        the applicant’s partner had stolen from his parents when he had been accommodated at their property with the applicant;  the applicant had known nothing about the theft until the day she had been asked by her partner’s mother to leave the property;

(b)        only the applicant’s partner had been arrested, and having admitted the offence, had been given a formal Police caution;

(c)        the facts of the case and the way in which it had been dealt with by the Police supported the applicant’s assertion that she was innocent;  there was no evidence to support any assertion by the applicant’s  ...  view the full minutes text for item 37.

To consider the attached 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 sister.  Mr J Hunt, Assistant Housing Options Manager (Homelessness) attended the meeting to present his case assisted by Mr B Howland, Homeless Hostel Manager.  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 23 November 2009;

(ii)        copy of letter dated 20 November 2009 from Women’s Aid to the Assistant Housing Options Manager (Homelessness);

(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 Manger (Homelessness);

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

(i)         copy of the applicant’s licence to occupy accommodation at the Council’s Homeless Hostel;

(ii)        copy of letter dated 7 October 2009 from the Hostel Manager to the applicant;

(iii)       Housing Officer file note dated 14 October 2009 following an interview with the applicant;

(iv)       copy of letter dated 13 October 2009 from Loughton Community Mental Health Team to the Assistant Housing Options Manager (Homelessness);

(v)        copy of letter dated 29 October 2009from the Council’s Medical Adviser to the Assistant Housing Options Manager (Homelessness);

(vi)       copy of letter dated 11 November 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)        one of the warnings given to the applicant about an alleged breach of the conditions of her licence to occupy the Homeless Hostel had been withdrawn by the Hostel Manager following representations made by the applicant;

(b)        the applicant admitted that there had been a breach of the licence conditions in August 2009 when a visitor of her daughter had been allowed to stay at the Homeless Hostel beyond 10.30 p.m.;  in relation to the fourth and final warning given on 7 September 2009 the applicant’s daughter had allowed a friend to stay at the Hostel beyond 10.30 p.m. without the knowledge of the applicant and the applicant’s daughter had been punished by the applicant as a result;

(c)        the youth who had instigated the incident which had led to the applicant being evicted from the Homeless Hostel had not been a friend of the applicant’s daughter; he had not been admitted to the Hostel by the applicant or her daughter but had gained access by pressing various door buttons  ...  view the full minutes text for item 38.