Agenda and minutes

To agree the minutes of the meetings of the Panel held on 13 and 26 October 2011(attached).

            RESOLVED:

            That the minutes of the meetings of the Panel held on 13 and 26 October 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.

To declare interests in any item on the agenda.

Pursuant to the Council’s Code of Member Conduct, Councillor Rolfe declared a personal interest in agenda item 7 (Application No 13/2011) by virtue of having attended the public house at which the applicant had been a manager.  The Councillor advised that he did not know the applicant and had determined that his interest was not prejudicial and that he would remain in the meeting for the consideration and voting on the matter.

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 and

            Item Number                                                              Paragraph Number

            6                                     Application No 12/2011                    1

            7                                     Application No 13/2011                    1

            8                                     Progress report on previous

                                                   appeals/applications                        1

To consider the attached restricted report.

The Panel noted that having received information from Harlow Welfare Rights and Advice, the Assistant Housing Options Manager (Homelessness) had set aside his decision to deem the applicant intentionally homeless.  As a result there was no need for this case to be considered by the Panel.

To consider the attached restricted report.

Introduction

The Panel considered a request for a review of a decision made by officers under delegated authority that the applicant was homeless intentionally when she had to vacate the tied accommodation provided by her former employer.  The applicant attended the meeting to present her case accompanied by her husband.  Mr J Hunt, Assistant Housing Options Manager (Homelessness), attended the meeting to present his case.  Mr R Wilson (Assistant Director of Housing (Operations)) 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 thanked the applicant for agreeing at short notice the change in time of this hearing.

The Chairman outlined the procedure to be followed in order to ensure that proper consideration was given to the application.  At the request of the applicant’s husband the Chairman confirmed that the decision on this review would be taken by members of the Panel and not officers.

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 10 November 2011;

(b)        a summary of the case including the facts of the case;

(c)        the case of the Assistant Housing Options Manager (Homelessness);

(d)        copies of documents submitted by the Assistant Housing Options Manager (Homelessness), namely:

(i)         copy of letter dated 2 June 2011 from the applicant’s former employers to the applicant;

(ii)        copy of letter dated 13 August 2010 from the applicant’s former employer to the applicant’s husband;

(iii)       a typed copy of notes of an interview of the applicant by a Council Housing officer;

(iv)       copy of letter dated 21 October 2011 from the Assistant Housing Options Manager (Homelessness) to the applicant;

(v)        extracts from the internet regarding epilepsy, classification of epilepsy, partial seizures and generalised seizures.

Presentation of Applicant’s Case

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

(a)        the applicant had not made herself intentionally homeless by being dismissed by her former employer;

(b)        the applicant had lost income of approximately £23,000 per annum and tied accommodation and now had an annual income of approximately £7,000 and was living in a hostel;

(c)        the Council officers had considered a version of the events from the applicant’s former employer but not one from the applicant;

(d)        the Council had a duty to house the applicant and her husband as they had a 17 month old child;

(e)        since losing the tied accommodation the applicant had tried unsuccessfully to find a rented property;

(f)         the applicant had been advised that she would not be able to express an interest in a Council property for at least six months of being in the Council’s Homeless Hostel;

(g)        the Council should let properties and not let them remain void;

(h)        the applicant had worked for  ...  view the full minutes text for item 48.

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 9/2011, 7/2011, 4/2011 and 8/2010 be deleted from the schedule.