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.

Pursuant to the Council’s Code of Member Conduct, Councillor Ms J Sutcliffe declared a personal interest in agenda Item 5 (Appeal No 8/2010) by virtue of having advised the applicant’s mother about making an appeal against the officers’ decision.  The Councillor 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 item of business set out below as it 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 Item No        Subject                                   Exempt Information

                                                                                                Paragraph No

            5                                  Appeal No 8/2010                    1

To consider the attached restricted report.

The Panel considered an appeal against a decision made by officers in relation to the banding of the appellant’s housing application.  The appellant attended the meeting to present her 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 the 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 Chairman drew attention to an error in the first paragraph of the report before the Panel regarding the description of the appeal. She advised that this error had been pointed out to members of the Panel and the appellant in advance of the meeting.

The Panel had before them the following documents which were taken into consideration:

(a)        copies of documents submitted by the appellant, namely:

(i)         her application to the Housing Appeals and Review Panel dated 21 May 2010;

(ii)        letter from the appellant to the Assistant Director of Housing (Operations) received by the Council on 24 March 2010;

(iii)       letter dated 24 October 2007 from the Council’s Housing Needs Section to the appellant;

(iv)       letter dated 13 November 2009 from the Assistant Housing Options Manager to the appellant;

(v)        letter dated 13 January 2010 from the Assistant Housing Options Manager to “A N Other” at the appellant’s address;

(vi)       letter dated 9 February 2010 from the Assistant Housing Options Manager to the appellant;

(vii)      letter dated 15 March 2010 from the Assistant Housing Options Manager to the appellant;

(viii)      letter dated 16 April 2010 from the Assistant Housing Options Manager (Homelessness) to the appellant;

(ix)       letter dated 16 July 2010 from the Limes Medical Centre to the Council;

(x)        outpatient appointment reminder letter from the University College London Hospitals to the appellant;

(xi)       appointment letter and details for the appellant to have an MRI scan at the University College London Hospital;

(xii)      letter dated 6 July 2010 from the University College London Hospitals to the appellant;

(xiii)      letter dated 14 January 2010 from the Limes Medical Centre to the Council’s Housing Department;

(xiv)     letter dated 25 January 2010 from the Princess Alexandra Hospital to the Council’s Housing Directorate;

(xv)      letter dated 18 May 2010 from the Limes Medical Centre to “Whom it may concern”;

(b)        a summary of the case and 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 24 October 2007 from a Housing Assistant (Needs) to the appellant;

(ii)        a form of refusal of the offer of a property completed and signed by the appellant dated 18 November 2008;

(iii)       letter dated 13 November 2009 from the Assistant Housing Options Officer to the appellant;

(iv)       letter dated 9 February 2010 from  ...  view the full minutes text for item 15.