Agenda and minutes

To agree the minutes of the meeting of the Panel held on 9 September 2010 (attached).

            RESOLVED:

That the minutes of the meeting of the Panel held on 9 September 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 present at the 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 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              Subject                                   Exempt Information

No.                                                                              Paragraph No.

6                                  Application No. 1/2011                        1

To consider the attached restricted report.

The Panel was advised that despite being sent the guidance notes for appellants and applicants to meetings of the Panel in which it was clearly stated that it would not be possible to conduct the proceedings in the presence of children, the applicant had attended the Civic Offices with the father of her child and her child with the intention of all of them being admitted to the meeting.  On being reminded that the proceedings could not be conducted in the presence of children the applicant had decided that she would attend the meeting alone, whilst the father looked after the child outside of the meeting.

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.  Mr J Hunt, Assistant Housing Options Manager (Homelessness), attended the meeting to present his case accompanied by Mr B Howland, Homeless Persons’ Hostel Manager.  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 to the applicant.

The Chairman outlined the procedure to be followed in order to ensure that proper consideration was given to the application.  In recognition that the applicant wished the father of her child to present evidence to the Panel it was agreed that she would leave the meeting whilst he gave evidence in order to mind her child.

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 1 December 2010;

(ii)        letter dated 4 January 2010 from solicitors acting on behalf of the applicant setting out representations on behalf of the applicant;

(iii)       undated letter received by the Council on 13 January 2011 from the father of the applicant’s child.

(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)         the licence to occupy accommodation at the Council’s Homeless Persons’ Hostel signed by the applicant on 29 April 2010;

(ii)        a letter dated 18 October 2010 from the Hostel Management Team to the applicant;

(iii)       incident report form made by the Hostel Management Team regarding an incident on 18 October 2010;

(iv)       notes taken by a Housing Officer at an interview undertaken by the Assistant Housing Options Manager (Homelessness) of the applicant on 19 October 2010 (wrongly dated 19 November 2010);

(v)        letter dated 25 October 2010 from the Assistant Housing Options Manager (Homelessness) to the applicant.  ...  view the full minutes text for item 26.