Agenda and minutes

To agree the minutes of the meeting of the Panel held on 18 March 2010 (attached).

            RESOLVED:

            That the minutes of the meeting of the Panel held on 18 March 2010 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 there were no substitute members at this meeting.

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                                            Appeal No. 2/2010                                              1

7                                            Application No. 3/2010                                       1

8                      Appeals/Applications – Progress Report            1

To consider the attached report.

The Panel considered an appeal against a decision made by officers under delegated authority not to reinstate the appellant on the Housing Register back to the appellant’s original date/banding.  The applicant attended the meeting to present his case accompanied by his wife.  Mr R Wilson, Assistant Director of Housing (Operations), 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)                  his application to the Housing Appeals and Review Panel dated 25 February 2010;

(ii)                copy of letter from the appellant to the Council’s Compliments and Complaints Section dated 22 January 2010;

(iii)       copy of letter dated 26 February 2010 from the appellant to the Council’s Housing Directorate;

(b)        a summary of the case;

(c)        the case of the Assistant Director of Housing (Operations);

(d)        copies of documents submitted by the Assistant Director of Housing (Operations), namely:

            (i)         copy of letter dated 15 April 2009 from the appellant to a Housing Officer;

            (ii)        copy of letter dated 16 December 2009 from the appellant to the Housing Directorate;

            (iii)       copy of letter dated 7 January 2010 from the Housing Options Manager to the appellant and his wife;

            (iv)       copy of letter dated 22 January 2010 from the appellant to the Council’s Compliments and Complaints Section.

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

(a)        although the appellant had received three offers of accommodation, the properties had not been accepted in the interests of standards of living and peace of mind;

(b)        as a result of refusing the tenancy offers, the appellant had lost his position on the Housing Register; if he had fallen foul of the housing process, he asked for leniency and understanding as he had acted in the best interests of his family;

(c)        the appellant had lost financially; time waiting, travelling and moving; and was still living in a property which was unsuitable;

(d)        the Council’s system penalised home seekers who turned down properties as their banding and medical needs might be re-assessed and this might lead to a longer wait for a property;

(e)        the appellant had signed tenancy agreements because he had feared he would not be offered any other properties if he had refused to sign;

(f)         the first property offered to the appellant had been very small with no kitchen installed apart from a sink and a small worktop; it had hardly any garden, although it had been advertised as having an exclusive garden;

(g)        the second property offered to the appellant had been a good size but  ...  view the full minutes text for item 48.

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.  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 Assistant Director, Democratic Services advised the Panel that earlier in the day, a letter had been received from the applicant’s solicitors.  They had referred to an approach from the applicant who had advised them that some of the information included in the documents before the Panel was inaccurate.  In the circumstances, they had asked that consideration of this application be postponed and a fresh date arranged for a meeting of the Panel during the week commencing 3 May 2010 in order to allow them sufficient time to take instructions on the matter.

The Assistant Director, Democratic Services advised that in reply he had suggested to the solicitors that the applicant, if in attendance, could draw attention to the alleged errors which could then be discussed.  He had also advised that deferment of the matter until the week commencing 3 May 2010 was totally unacceptable as there were Parliamentary and District Council elections that week affecting members of the Panel.

The Chairman asked the applicant if she was happy to proceed with the matter ,without taking further advice from her solicitors, by drawing attention to the alleged errors during the presentation of her case.  The applicant stated that she was happy to proceed without taking further legal advice and confirmed that she would draw attention to the alleged errors.

In the light of the applicant’s responses, the Panel determined that there was no need to defer consideration of the review.

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 12 March 2010;

            (ii)        copy of a letter dated 6 April 2010 from the applicant’s solicitors to the Council’s Head of Legal Department;

            (iii)       copy of letter dated 2 March 2010 from Assistant Housing Options Manager (Homelessness) to the applicant;

            (iv)       copy of letter dated 1 April 2009 from the Assistant Housing Options Officer to the applicant;

            (v)        copy of letter dated 24 September 2009 from the Assistant Housing Options Manager (Homelessness) to the applicant;

(vi)       the house rules of the interim accommodation in which the applicant had been placed;

            (vii)      a copy of the Licence Agreement signed by the applicant in relation to the interim accommodation;

            (viii)      an extract from the case of Moran v Manchester City  ...  view the full minutes text for item 49.

To consider the attached schedules.

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

            RESOLVED:

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

            (2)        That cases 10/2009, 9/2009, 8/2009 and 5/2009 be deleted from the schedule.