Agenda and minutes

To agree the minutes of the meetings of the Panel held on 22 July and 2 August 2010 (attached).

            RESOLVED:

That the minutes of the meetings of the Panel held on 22 July and 2 August 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 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 the disclosing the information.

Agenda Item              Subject                                   Exempt Information

No.                                                                              Paragraph No.

6                                  Application No. 9/2010                        1

7                                  Progress report on                              1

                                    Previous Appeals/

                                    Applications

To consider the attached restricted report.

The Panel considered a request for a review of a decision made by officers under delegated authority that the applicant had made herself homeless intentionally from temporary accommodation provided by the Council and that the duty on the Council to provide the applicant with accommodation had been discharged.  The applicant attended the meeting to present her case accompanied by Councillor P Gode and her mother.  Mr J Hunt, Assistant Housing Options Manager (Homelessness) attended the meeting to present his case accompanied by Ms Y Kwaitoo, Manager of the temporary accommodation secured by the Council for the applicant, and provided by a housing association, East Living..  Mr A Hall, Director of Housing, attended the meeting to advise the Panel as required on relevant legislation and national and local housing policies relative to the application.

The Chairman introduced the Members of the Panel and officers present to the applicant.

The Chairman asked the applicant and the Assistant Housing Options Manager (Homelessness) if they had any objection to Ms J Boyd an officer from East Herts District Council attending the meeting as an observer.  Both parties agreed that they had no objection to Ms Boyd being present throughout the proceedings.

 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 7 July 2010;

(ii)        an undated letter from another resident of the accommodation secured for the applicant by the Council regarding an incident between staff of the accommodation and the applicant;

(iii)       letter dated 25 May 2010 to “Whom It May Concern” from the Head Teacher of the School attended by the applicant’s children;

(iv)       letter dated 23 April 2010 to “Whom It May Concern” from the applicant’s GP;

(v)        letter dated 14 July 2010 to “Whom It May Concern” from the applicant’s mother;

(vi)       note made by staff of the accommodation secured by the Council for the applicant of a complaint made by the applicant about another resident of the accommodation;

(vii)      letter dated 26 July 2010 from the Saxon Citizens Advice Bureau making representations on behalf of the applicant together a further copy of the undated letter from another resident of the accommodation secured for the applicant by the Council regarding an incident between the staff of the accommodation and the applicant; a further copy of the letter dated 25 May 2010 to “Whom it May Concern” from the Head Teacher of the School attended by the applicant’s children; a further copy of the letter dated 23 April 2010 to “Whom it May Concern” from the applicant’s GP; a further copy of the note made by staff of the accommodation secured by the Council for the applicant of a complaint made by the applicant about another resident of the accommodation; and letters dated 14 January 2010 and 4  ...  view the full minutes text for item 20.

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 7/2010, 4/2010, 3/2010, 2/2010 and 1/2010 be deleted from the schedule.