Agenda and minutes

To agree the minutes of the meetings of the Panel held on 17 June 2010 and 20 January 2011 (attached).

            RESOLVED:

That the minutes of the meetings of the Panel held on 17 June 2010 and 20 January 2011 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. 2/2011                        1

To consider the attached restricted report.

The Panel considered a request for a review of decision made by officers under delegated authority that the applicant was homeless intentionally when he was evicted by his Housing Association landlord for rent arrears.  The applicant was represented at the meeting by Ms A Randle and Ms R Calderwood, Housing Support Workers, Hyde In-Touch.  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 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’s representatives.

The Chairman outlined the procedure to be followed 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 on behalf of the applicant, namely:

(i)         an application to the Housing Appeals and Review Panel dated 17 May 2011;

(ii)        letter dated 23 May 2011 from Ms Randle to the Council’s Assistant Housing Options Manager;

(iii)       letter dated 3 June 2011 from the applicant’s Drugs Support Worker.

(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)         letter dated 16 December 2010 from the Council’s Medical Adviser to a Housing Officer;

(ii)        letter dated 6 January 2011 from the applicant’s former landlord together with a statement of the applicant’s rent account;

(iii)       notes taken by a Housing Officer at an interview of the applicant on 28 February 2011;

(iv)       letter dated 23 March 2011 from the Assistant Housing Options Manager (Homelessness) to the Council’s Medical Adviser;

(v)        letter dated 24 March 2011 from the Council’s Medical Adviser to a Housing Officer;

(vi)       letter dated 27 April 2011 from the Assistant Housing Options Manager (Homelessness) to the applicant.

Submissions made on behalf of the Applicant

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

(a)        one of the applicant’s representatives present had been the applicant’s Support Worker for approximately five months helping the applicant with his housing and financial issues;

(b)        the applicant had been working as a drugs counsellor and had applied for housing with a Housing Association; within one month he had been suitably housed by the Housing Association in a one bedroom flat in London;

(c)        the applicant had lost his job soon after the tenancy had begun and he had applied for Housing Benefit which had been awarded to him; the Housing Benefit had been paid direct to the applicant and not to the Housing Association;

(d)        the applicant had not used the majority of his Housing Benefit to pay his landlord for the rent but had instead used it to buy drugs;

(e)        during the applicant’s tenancy he had taken Class “A”  ...  view the full minutes text for item 5.