Agenda and minutes

(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 at this 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           Subject                                               Exempt Information

            Item No.                                                                      Paragraph No.

            5                      Application No 4/2010                         1

To consider the attached restricted report.

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 accompanied by his wife and a paralegal from his solicitors.  Mr J Hunt, Assistant Housing Options Manager (Homelessness) 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 application.

The Chairman introduced members of the Panel and officers present to the applicant and in doing so apologised for the delay in commencing the meeting which had been due to the need to read additional representations received from the applicant’s solicitors earlier that day.

The Chairman outlined the procedure to be followed in order to ensure that proper consideration was given to the application.  The applicant advised that he was unable to present his case and that the paralegal would present it on his behalf.

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

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

(i)         his application to the Housing Appeals and Review Panel dated 24 March 2010;

(ii)        letter from the applicant to Members of the Panel received on 21 April 2010;

(iii)       letter dated 21 April 2010 to Members of the Panel from the applicant’s solicitors;

(iv)       letter dated 12 February 2010 (the Section 184 decision letter) from the Assistant Housing Options Manager (Homelessness) to the applicant;

(v)        letter dated 3 March 2010 (request for a Section 202 review) from the applicant’s solicitors to the Assistant Housing Options Manager (Homelessness);

(vi)       e-mail dated 15 October 2009 regarding an exclusion zone applying to the applicant;

(vii)      map of exclusion zone relating to the applicant;

(viii)      letter dated 20 April 2010 from solicitors appointed by the applicant’s solicitors regarding a court appearance by the applicant;

(ix)       attendance note dated 19 April 2010 from Counsel regarding attendance at court proceedings regarding the applicant;

(x)        letter dated 26 April 2010 from the applicant’s solicitors to Members of the Panel;

(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)         London (091015) Multi Agency Public Protection Arrangements referral document regarding the applicant;

(ii)        Housing Officer file note dated 14 December 2009 following an interview with the applicant;

(iii)       Housing Officer file note dated 9 February 2010 following a further interview with the applicant;

(iv)       letter dated 12 February 2010 from the Assistant Housing Options Manager (Homelessness) to the applicant (Section 184 decision letter).

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

(a)        the applicant was aged 71; he suffered from ill health in the form of diabetes, angina, deep vein thrombosis, high blood pressure, ulcers, incontinence, glaucoma and cataracts;  ...  view the full minutes text for item 54.

The Chairman announced that this would be the last meeting of the Panel during the current municipal year.  She thanked members of the Panel and officers for the support she had received during the year.

Members of the Panel thanked the Chairman for the way in which she had conducted meetings.