Agenda and minutes

(Assistant to the Chief Executive) To report the attendance of any substitute members for the meeting.

It was noted that Councillor Ms J Hart was substituting for Councillor Mrs C Pond.

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.

5                      Application No. 5/2010                                    1

6                      Appeal No. 6/2010                                           1

7                      Application No. 7/2010                                    1

To determine this application which was deferred at the last meeting. Members are asked to bring to this meeting the appropriate papers from the last meeting. At the time of publication of the agenda the applicant had not provided any additional information in support of her case.

Noted that determination of this application had been deferred until immediately prior to the September 2010 meeting.

To consider a restricted report (attached).

The Panel considered an appeal against a decision made by officers under delegated authority in respect of the appellants’ banding under the Council’s Allocations Scheme.  The appellants attended the meeting to present their case.  Mr R Wallace, Housing Options Manager, 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 appellants and outlined the procedures 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 appellants, namely:

(i)         their application to the Housing Appeals and Review Panel dated 7 June 2010 including a staff and parent communication sheet from Princess Alexandra Hospital Neo-Natal Unit dated 1 April 2010, a clinical report from Princess Alexandra Hospital in respect of the appellants’ son, a letter dated 28 May 2010 from a general practitioner addressed to “to whom it may concern”, a clinical report from Princess Alexandra Hospital in respect of one of the appellants, an e-mail sent on 25 May 2010 from the Council’s Environment and Neighbourhood Officer to the appellants and photographs showing the interior of the appellants’ property;

(ii)        letter dated 9 July 2010 from a consultant paediatrician to the Council’s Housing Directorate;

(b)        a summary of the case including the facts of the case;

(c)        the case of the Housing Options Manager;

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

(i)         letter dated 22 September 2009 from the Assistant Housing Options Officer to the appellants;

(ii)        letter dated 13 April 2010 from the appellants to the Assistant Housing Options Officer;

(iii)       letter dated 21 April 2010 from the Assistant Housing Options Officer to the appellants;

(iv)       letter dated 25 April 2010 and the enclosures referred to therein from one of the appellants to the Assistant Head of Housing Services;

(v)        letter dated 24 May 2010 from the Assistant Director of Housing (Operations) to the appellants;

(vi)       memorandum dated 20 May 2010 from the Assistant Director of Housing (Operations) to the Council’s Medical Adviser and her responses to the questions raised in that memorandum;

(vii)      letter typed on 15 July 2010 and received by the Council on 21 July 2010 from a consultant paediatrician regarding the appellants’ son;

(viii)      exchange of e-mails dated 21 July 2010 between the Housing Options Manager and the Council’s Medical Adviser in relation to the letter received from the consultant paediatrician on 21 July 2010;

(ix)       a copy of the Council’s Housing Allocations Scheme.

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

(a)        the appellants were currently placed in Band 3 of the Council’s Housing Allocations Scheme but considered that they should be placed in Band 1 since they felt that they met the criteria of  ...  view the full minutes text for item 10.

The application form to the Panel completed by the applicant is attached. The report of the Assistant Housing Options Manager (Homelessness) and any additional written representations submitted by the applicant  if received by 15 July 2010 will follow.

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 the shadow chairman of the Ninefields Residents Association.  Mr J Hunt, Assistant Housing Options Manager (Homelessness), attended the meeting to present his case accompanied by Mr P Dee, Deputy 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 and 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 14 June 2010 together with a copy of a letter dated 1 June 2010 which had been sent to the Council’s Housing Directorate;

(ii)        a letter dated 21 July 2010 from solicitors acting on behalf of the applicant;

(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)         a copy of the applicant’s licence to occupy the Council’s Homeless Hostel;

(ii)        letter dated 7 December 2009 from the Deputy Hostel Manager to the applicant;

(iii)       letter dated 10 December 2009 from the Deputy Hostel Manager to the applicant;

(iv)       letter dated 18 February 2010 from the Deputy Hostel Manager to the applicant;

(v)        letter dated 2 March 2010 from the Deputy Hostel Manager to the applicant;

(vi)       statement of Deputy Hostel Managers in relation to an incident on 13 May 2010;

(vii)      letter dated 17 May 2010 from the Assistant Housing Options Manager (Homelessness) to the applicant;

(viii)      Housing Officer file note dated 19 May 2010 following an interview with the applicant;

(ix)       letter dated 25 May 2010 from the Assistant Housing Options Manager (Homelessness) to the applicant;

(x)        file note of the Assistant Housing Options Manager (Homelessness) dated 27 May 2010;

(xi)       letter dated 28 May 2010 from the Housing Options Manager to the applicant and her partner;

(xii)      letter dated 21 January 2010 from the Assistant Housing Options Manager (Homelessness) to the applicant;

(xiii)      letter dated 27 January 2010 from the Assistant Housing Options Officer to the applicant;

(xiv)     schedule of accommodation at the Homeless Hostel including numbers of occupants permitted in each room.

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

(a)        when admitted to the Council’s Homeless Persons Hostel, the applicant had been pregnant, detached from her family and vulnerable;

(b)        the applicant’s partner and father of her child had been keen to support her and had visited her at the Hostel;  ...  view the full minutes text for item 11.