Agenda and minutes

Councillor J Lea for Councillor Y Knight.

It was noted that Councillor Mrs J Lea was substituting for Councillor Ms Y Knight.

To declare interests in any item on the agenda.

Pursuant to the Council's Code of Member Conduct, Councillor Gadsby declared a personal interest in agenda item 5 (Application No 8/2011) by virtue of being a member of the ward within which the applicant resided.  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 of 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 100A(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 I 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 and

            Number                                                                      Paragraph Number

            5                               Application No. 8/2011               1

            6                               Appeal No 7/2011                       1

To consider the attached restricted report.

Introduction

The Chairman requested that the applicant be provided with another copy of the agenda and documents before the Panel as it was apparent she had not brought to the meeting the copies previously sent to her.  The applicant was provided with further copies and given time to read them. 

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 been evicted from her Council property for rent arrears.  The applicant attended the meeting to present her case.  Mr J Hunt, Assistant Housing Options Manager (Homelessness), attended the meeting to present his case supported by Mrs J Manning, Area Housing Manager.  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. 

The Chairman outlined the procedure to be followed in order 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 by the applicant, namely:

(i)         her application to the Housing Appeals and Review Panel dated 14 September 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)         memorandum dated 15 February 2008 from the Head of Housing Services to Legal and Administration requesting an application to the Court for a Warrant for Possession of the applicant's property due to rent arrears.

(ii)        hand written and typed copies of notes dated 2 August 2011 of an interview of the applicant by a Housing Officer;

(iii)       schedule of applicant's address history;

(iv)       copy of letter dated 25 June 2002 from the Waltham Abbey Citizens' Advice Bureau to the Council's Housing Benefits Department;

(v)        copy of homelessness decision letter from the Assistant Housing Options Manager (Homelessness) to the applicant;

(vi)       memorandum dated 26 September 2011 from a Housing Assistant (Management North) to the Assistant Housing Options Manager (Homelessness);

(vii)      a schedule showing the applicant's payments and arrears from 17 September 2002 until date of eviction on 8 May 2008.

Presentation of Applicant's Case

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

(a)        the applicant had not claimed Housing Benefit in 2001/02 as she had been working at that time;

(b)        the applicant's daughter had been born in June 2006 after a difficult pregnancy and a caesarean section;  after being discharged from hospital the applicant had moved back to her parents' property in order to get help looking after her daughter;  the applicant had not informed the Council about staying at her parents' property at that time because she had planned to be there only for approximately three months and had been advised by the hospital not  ...  view the full minutes text for item 32.

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 mother and a representative of her solicitors.  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 5 September 2011 including a letter from her solicitors dated 5 September 2011;

(ii)        copy of letter dated 18 August 2011 from the Royal National Orthopaedic Hospital to "whom it may concern";

(iii)       copy of letter dated 11 July 2011 from Key Health Medical Centre to "whom it may concern";

(iv)       copy of an assessment of the appellant's son by Essex County Council;

(v)        copy of letter dated 15 September 2011 from the appellant's solicitors to the Director of Housing;

(vi)       copy of letter dated 6 October 2011 from the appellant's solicitors to the Council;

(vii)      copy of letter dated 13 October 2011 from Essex Social Care Direct to the appellant's solicitors;

(viii)      copy of letter dated 6 October 2011 from the appellant's solicitors to the Council enclosing a copy of a letter dated 30 October 2011 from the Royal National Orthopaedic Hospital to the appellant;

(b)        a summary of the case and 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 2 July 2009 from the Assistant Housing Options Officer to the appellant;

(ii)        copy of letter dated 27 April 2010 from the Assistant Housing Options Officer to the appellant;

(iii)       copy of letter dated 8 July 2011 from the Housing Options Manager to the appellant's solicitors;

(iv)       copy of letter dated 11 August 2011 from the Housing Options Manager to the appellant's solicitors;

(v)        extracts from the Council's adopted Housing Allocations Scheme showing the bandings and the sizes of properties to be allocated;

(vi)       copy of medical opinion following assessment by the Council's Medical Adviser on 7 July 2011;  and

(vii)      copy of further medical opinion of the Council's Medical Adviser dated 6 October 2011.

Presentation of the Appellant's Case

The Panel considered the following submissions in support of the appellant's case made by her legal representative:

(a)        the appellant should be placed in Band 1 of the Council's Allocations Scheme not Band 3 as she met criterion 1(b) (home seekers living in the District for more than a year  ...  view the full minutes text for item 33.