Agenda and minutes

To agree the minutes of the meeting of the Panel held on 23 April 2009 (attached).

            RESOLVED:

That the minutes of the meeting of the Panel held on 23 April 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 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

6                      Application No: 4/2009                        1

7                      Application No: 3/2009                        1

To consider the attached restricted report.

The Panel was informed that a letter dated 25 June 2009 had been received from solicitors instructed by the applicant.  The solicitors had stated that they were in the process of obtaining further instructions from their client and had requested deferment of the review so that they could properly advise their client.

            RESOLVED:

            That consideration of Application 4/2009 be deferred until the next meeting of the Panel.

To consider the attached restricted report which was deferred from the last meeting. The Applicants case papers will follow.

The Panel was reminded that the applicant had attended the last meeting of the Panel and had sought deferment of the review as his solicitor had been unable to attend the meeting and had not had enough time to provide advice.  In the circumstances the Panel had deferred consideration of the review and had informed the applicant that the case would be considered at this meeting with or without his legal representative present.

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 his case accompanied by his partner.  Mr J Hunt, Assistant Housing Options Manager (Homelessness), attended the meeting to present his case.  Mr R Wilson, Assistant 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 and sought the consent of the applicant and the Assistant Housing Options Manager (Homelessness) to Ms R Smith attending the meeting as an observer.  Both parties agreed to Ms Smith being present.  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)         the application to the Housing Appeals and Review Panel dated 28 April 2009;

            (ii)        letter dated 24 April 2009 from the applicant’s solicitors;

(iii)       letter dated 24 June 2009 from the applicant’s solicitors together with a further copy of their letter dated 24 April 2009 with paragraph numbers added;

(iv)       letter dated 27 May 2009 from Colchester Borough Council to the applicant’s solicitors;

(v)        letter dated 5 March 2008 from the applicant’s former landlord to the applicant;

(vi)       letters dated 3 November 2008 from Colchester Borough Council to the applicant’s partner concerning Housing Benefit, Council Tax Benefit, Discretionary Housing Payment Award and Housing Benefit Overpayment Final Notice;

(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)         copy of the rental agreement signed by the applicant and his partner on 10 August 2007 relating to their former privately rented property;

(ii)        copy of Eviction Notice dated 30 September 2008;

(iii)       schedule from the applicant’s former landlord setting out rent due and rent paid on the property privately rented by the applicant;

(iv)       Housing Officer file note dated 18 March 2009 following a telephone conversation with a Colchester Borough Council Housing Benefit Officer;

(v)        Housing Officer file note following an interview with the applicant;

(vi)       letter dated 1 April 2009 from the Assistant Housing Options Manager (Homelessness) to the applicant;

(vii)      file note of  ...  view the full minutes text for item 12.