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 present at the meeting.

To agree the minutes of the meetings of the Panel held on 16 and 21 June and 4 August 2011  (attached).

RESOLVED:

That the minutes of the meetings of the Panel held on 16 and 21 June and 4 August 2011 be taken as read and signed by the Chairman as a correct record subject to the word “Cheshunt” for “Chestnut” in the first paragraph (a) of minute 15 of the meeting held on 4 August 2011.

To declare interests in any item on the agenda.

Pursuant to the Council’s Code of Member Conduct, Councillor Hart declared a personal interest in agenda item 7 (Appeal No. 5/2011) by virtue of being a member of the Loughton Residents’ Association, the same group as Councillors Brookes and Leonard who were supporting the appellant at this meeting.  The Councillor advised that she had not been involved in the appeal before this meeting and had determined that her interest was not prejudicial and she would remain in the meeting for the consideration and voting on the matter.

(Director of Housing/Assistant to the Chief Executive) To consider the attached report proposing changes to the order of proceedings of meetings of the Panel.

In order not to delay the hearing of Appeal No. 5/2011, the Panel agreed to change the order of business and to take that appeal before 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 disclosing the information.

Agenda                       Subject                                               Exempt Information

Item Number                                                                          Paragraph Number

7                                  Appeal Number 5/2011                                   1

8                                  Progress Report on Previous                         1

                                    Appeals/Applications

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 appellant attended the meeting to present her case accompanied by her local Ward Councillors, Councillors R Brookes and L Leonard.  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 6 July 2011;

(ii)        sketch plan showing the layout of the lounge/bedroom in the appellant’s property;

(iii)       6 photographs showing the appellant’s lounge/bedroom

(iv)       copy of letter dated 24 July 2007 from the appellant’s General Practitioner to a Housing Officer;

(v)        copy of a letter dated 5 October 2007 from the Head Teacher of the School attended by one of the appellant’s sons to the Council’s Senior Housing Officer;

(vi)       copy of Self Assessment Medical Form completed by the appellant dated 14 January 2008;

(vii)      copy of a Self Assessment Medical Form completed by the appellant in respect of one of her sons dated 14 January 2008;

(viii)      cover sheet for a facsimile transmission submitted by the appellant to the Council on 22 January 2008;

(ix)       copy of letter dated 14 January 2008 from the appellant to the Council’s Assistant Head of Housing (Operations);

(x)        copy of letter dated 10 January 2008 from the appellant’s General Practitioner to the Assistant Head of Housing (Operations);

(xi)       copy of letter dated 8 January 2008 from the Family Care Counselling Service to the Assistant Head of Housing (Operations);

(xii)      copy of Medical Advice dated 26 September 2007 from the Council’s Medical Advisor to a Housing Officer;

(xiii)      copy of letter dated 28 January 2008 from the Assistant Head of Housing (Operations) to the appellant;

(xiv)     copy of memorandum sent on 17 March 2008 from the Assistant Head of Housing (Operations) to a Housing Officer;

(xv)      copy of letter dated 24 March 2008 from the appellant to the Assistant Head of Housing (Operations);

(xvi)     copy of letter dated 7 April 2008 from the Assistant Director of Housing (Operations) to the appellant;

(xvii)     copy of letter dated 15 April 2008 from the appellant to the Assistant Director of Housing (Operations);

(xviii)    copy of letter dated 29 April 2008 from the Assistant Director of Housing (Operations) to the appellant;

(xix)     copy of Medical or Social Welfare Assessment by the Council’s Medical Adviser in respect of the appellant dated 12 May 2008;

(xx)      copy of letter dated 13 May 2008 from the Assistant Housing Options Officer to  ...  view the full minutes text for item 21.

To consider the attached restricted report.

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 4/2011, 2/2011, 1/2011, 6/2010, 5/2010 and 9/2010 be deleted from the schedule.

RESOLVED:

That the remaining item of business be considered in public session.

The Panel considered a report proposing changes to the order of proceedings of meetings of the Panel.

Members noted that the current order of business for consideration of cases by the Panel provided for the applicant/appellant to present their case and answer questions first, followed by the appropriate Housing Officer presenting his/her case and answering questions.  Whilst this followed the order of most appeal proceedings it was considered that it did not lend itself particularly well to Housing Appeals and Review Panel meetings. The reasons for this view were set out in the report to the Panel.

The Panel was advised of views expressed by members and substitutes of the Panel who were not present at this meeting on the proposed changes.  Members present expressed their views and it became apparent that there was not a consensus of view, although the majority view expressed by Panel members was in support of the proposed change.

RESOLVED:

That the Constitution and Members’ Services Scrutiny Panel be asked to consider if the Terms of Reference of the Panel should be changed to provide for applicants/appellants to present their case and answer questions after the appropriate Housing Officer, and that the varying views expressed by Panel members be passed on to the Scrutiny Panel.