Agenda and minutes

To agree the minutes of the meeting of the Panel held on 15 December 2011 (attached).

RESOLVED:

            That the minutes of the meetings of the Panel held on 15 December 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.

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 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 14/2011                    1

            7                                     Application No 15/2011                    1

To consider the attached restricted report.

Introduction

The Panel considered the submissions made by the applicant regarding their housing circumstances and in particular: a) whether or not their household (including their partner) had to live apart because of lack of accommodation; b) whether or not their household was statutorily overcrowded, either with or without their partner; c) whether they were lacking a bedroom for the purpose of the Council Housing Allocations Scheme (in respect of criterion (a) of Band 4); and d) whether the applicant was given erroneous or misleading information by officers that had a detrimental effect on their housing application.

The applicant attended the meeting along with her partner to present their case. 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 application.

The Chairman introduced the members of the Panel and officers to the applicants. 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 applicant, namely;

(i)                  her application to the Housing Appeals and Review Panel dated 01 November 2011;

(ii)                her letter outlining and expanding on her formal application form also dated 1 November 2011;

(iii)               a copy of her initial appeal to the Assistant Director of Housing received on 7 July 2011;

(iv)              the Assistant Director’s reply dated 2 August 2011;

(v)                the applicants and her partners Financial Statements (essential weekly expenditure) dated 1 October 2011 and 1 November 2011;

(vi)              a proposed joint financial statement, undated;

(vii)             background papers on the Housing Act 1985.

(b)        A summary of the case including the facts of the case; and

(c)        the case of the Housing Options Manager.

Presentation of Applicant’s Case

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

(a)        that the applicant currently in Band 4 of the Council’s Housing Allocations Scheme should be in Band 2 or higher because of a lack of a bedroom;

(b)        that the applicant’s household  had to live apart from her partner because of a lack of accommodation and arguably, that as ‘Homeseekers’ who have to live apart they should be put into Band 2;

(c)        that the applicant considered herself to be statutorily overcrowded in her current privately rented accommodation, even without her partner in residence;

(d)                           the applicant asserted that with four children, one being over 12 years of age, which according to Section 326 of the Housing Act that they were overcrowded by virtue of not having enough square footage. To illustrate this the square footage of two of the bedrooms were given;

(e)                           that the applicant had been given incorrect and misleading information by officers  that had a detrimental effect on her housing application;

(f)         that the applicant and her partner could not afford to  ...  view the full minutes text for item 54.

To consider the attached restricted report.

Introduction

The Panel considered the submissions made by the Applicant regarding their housing circumstances and in particular against his banding level on the housing register application he has with this council. The applicant attended the meeting along with his wife to present their case. 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 application.

The Chairman introduced the members of the Panel and officers to the applicants. 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 applicant, namely:

(i)                  His application to the Housing  Appeals and Review Panel  12 December 2012.

(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)                  Letter acknowledging the housing application;

(ii)                A follow up letter from June 2010;

(iii)               A letter dated September 2010, upgrading the applicant to Band 3;

(iv)              A signed copy of the offer checklist dated 21 September 2011;

(v)                A letter to the applicant dated 22 September 2011 explaining the council’s position;

(vi)              A letter on the decision of the applicant’s appeal dated 20 October 2011;

(vii)             A decision on a further appeal dated 24 November 2011.

Presentation of the Applicant’s Case

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

(a)                           in October 2008 the applicant and his family moved into his current address in Loughton;

(b)        in December 2008 he registered to go on the Council’s Choice Based Letting Scheme, ‘HomeOption’, where he was at first placed in Band 6;

(c)        in 2010 on reapplying and supplying further information he was put on to Band 3 and then subsequently reassessed to Band 4. This was because he was considered not be sharing his accommodation as he had decided to move a tenant into his property to help share the rent;

(d)        his tenant had moved in from the first day he had started at that address in order to share the expenses as it was very hard to cope without her monetary input. They did not ask for Housing Benefits and tried to pay their own way.

Questions from the Housing Options Manager to the Applicant

The applicant gave the following answer to a question from the Housing Options Manager:

(a)        the applicant thought that they were sharing their house and because of this should be moved up a band. He did not accept the officers contrary assertion;

(b)        in his initial application his mother was not included because his English was not very good then and he did not understand the form.

Questions from Members of the Panel  ...  view the full minutes text for item 55.