Agenda and minutes

(Assistant to the Chief Executive) To report the attendance of any substitute members for the meeting.

It was noted that Councillor Mrs J Lea was substituting for Councillor Mrs R Gadsby.

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.

            5                                  Appeal No. 4/2011                               1

To consider the attached restricted report.

Introduction

The Panel considered an appeal against a decision made by officers acting under delegated authority concerning a Housing Register banding review.  The applicant attended the meeting to present her case accompanied by her sister.  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 relevant legislation and national and local housing policies relative to the appeal.

The Chairman introduced the members of the Panel and officers to the appellant.  The Chairman outlined the procedure to be followed in order to ensure that proper consideration was given to the appeal.

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 20 May 2011;

(ii)        copy of letter dated 26 April 2011 from the Council’s Assistant Director of Housing to the appellant;

(iii)       copy of letter dated 9 March 2011 from the appellant to the Council;

(iv)       copy of letter dated 29 March 2011 from the appellant to the Assistant Director of Housing;

(v)        copy of letter dated 23 March 2011 from the Housing Options Manager to the appellant;

(vi)       copy of letter dated 26 July 2011 from the appellant’s employer to the Council (tabled at the meeting);

(b)        a summary of the case including 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)         copy of letter dated 28 January 2004 from the Principal Housing Officer (Allocations) to the appellant;

(ii)        copy of letter dated 17 May 2006 from the Housing Assistant (Needs) to the appellant;

(iii)       copy of form of refusal of the offer of a Council property dated 24 August 2006 from the appellant to the Head of Housing Services;

(iv)       copy of letter dated 29 June 2007 from the Housing Assistant (Needs) to the appellant;

(v)        copy of letter dated 18 February 2011 from the Assistant Housing Options Officer to the appellant;

(vi)       copy of letter dated 23 March 2011 from the Housing Options Manager to the appellant;

(vii)      copy of letter dated 26 April 2011 from the Assistant Director of Housing to the appellant;

(viii)      copy of the Council’s Housing Allocations Scheme (tabled at the meeting).

Presentation of the Appellant’s Case

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

(a)        the appellant should be in Band 3 (or Band1) as she had more than moderate medical health problems and suffered severe hardship with one of her sons having special needs which had not been properly taken into account;

(b)        in addition the appellant might qualify under criterion 4(c) of Band 4 (homeseekers living in the District for more than a year immediately prior to application, needing to move or to be nearer to their place of work)which, in conjunction with  ...  view the full minutes text for item 13.

The appellant became distressed and left the meeting room.  The appellant’s sister advised the Panel that in addition to the stress of attending the meeting, the appellant had recently received some distressing news about her health.  The Chairman adjourned the meeting.

After a few minutes the appellant returned to the meeting room and confirmed that she would like the meeting  to proceed.

Questions from Members of the Panel to the Appellant

The appellant gave the following answers to questions from members of the Panel:

(a)        the appellant’s job was based in Chestnut;

(b)        the appellant’s elder son aged 19 was not in employment; he had recently completed a college course and was receiving benefit payments; he did not assist with the payment of the rent of the appellant’s current property;

(c)        the appellant had refused the offer of a Council property in Chigwell in 2006 because at that time she had been settled in Waltham Abbey with children in local schools and she had not wished to disrupt their education; the appellant accepted that at that time her Housing Register application indicated that she would be prepared to accept the offer of a property in several parts of the District including Chigwell;

(d)        in 2006 the appellant’s current accommodation had been satisfactory as it was two bedroomed accommodation; this level of accommodation was now insufficient taking account of the requirements of herself and her two sons;

(e)        when the appellant had initially moved to Waltham Abbey from London she had been accommodated in a flat provided by her sister; this had been a one bedroom flat which had not been adequate for the long term;

(f)         the appellant had not thought about applying to be placed on the Housing Register for Broxbourne Borough Council; she had established a life in Waltham Abbey and should be allowed to continue to live there;

(g)        the appellant received assistance for her rent;

(h)        the appellant’s younger son suffered with asthma and eczema and from severe behavioural problems; he had also been diagnosed as having a severe nut allergy; he did not listen to advice and refused to carry his epipen leading to problems for the appellant; the appellant did not have letters from a qualified professional medical person to support her case but could have obtained letters from The London Hospital in relation to her younger son’s personality problems and from his social worker;

(i)         the appellant suffered from depression and had sought medical assistance;

(j)         the appellant’s younger son had been expelled from school.

Presentation of the case of the Housing Options Manager

The Panel considered the following submissions in support of the case of the Housing Options Manager:

(a)        the appellant had completed and submitted a housing application form to the Council on 16 September 2003; as part of the application, the appellant had stipulated that she was seeking accommodation for herself and her two sons;

(b)        the Council had advised the appellant on 28 January 2004 that she was to be placed in Band 4 of the Council’s Housing Allocations Scheme;

(c)        in 2004 the appellant had been an assured tenant with a housing association of a property in London;

(d)        the Council had received a change of circumstances form from the appellant on 4 April 2005 advising that the appellant was now resident in Waltham Abbey, renting private accommodation from an  ...  view the full minutes text for item 15.