Agenda and minutes

To agree the minutes of the meetings of the Panel held on 8 and 26 September 2011 (attached).

RESOLVED:

            That the minutes of the meetings of the Panel held on 8 and 26 September 2011 be taken as read and signed by the Chairman as a correct record.

Councillor J Lea for Councillor Y Knight. Councillor T Cochrane for Councillor J Hart.

It was noted that Councillor Mrs J Lea was substituting for Councillor Ms Y Knight and that Councillor Mrs T Cochrane was substituting for Councillor Ms J Hart.

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 Item              Subject                             Exempt Information and

            Number                                                                Paragraph Number

            6                                  Appeal No 9/2011              1

            7                                  Appeal No 10/2011            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.  One of the appellants attended the meeting to present her case accompanied by her father-in- law.  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 appellants, namely:

(i)         their application to the Housing Appeals and Review Panel dated 11 September 2011;

(ii)        copy of letter dated 17 May 2010 from the Housing Options Officer (Allocations) to one of the appellants;

(iii)       schedule showing a selection of Council properties let to applicants in Bands 1 and 3;

(iv)       schedule of details of expressions of interest made by the appellants;

(v)        copy of letter dated 16 September 2011 from one of the appellants to the Housing Options Manager;

(vi)       copies of e-mails exchanged between Council officers and the appellants;

(vii)      schedule of Council two bedroom properties let since 6 April 2009;

(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 dated 6 April 2009 from the Assistant Housing Options Officer to the appellants;

(ii)        copy of letter dated 17 May 2010 from the Housing Options Officer (Allocations) to one of the appellants;

(iii)       copy of letter dated 9 November 2010 from the Housing Options Manager to one of the appellants;

(iv)       copy of letter dated 10 December 2010 from the Assistant Director Housing (Operations) to one of the appellants;

(v)        copy of letter dated 24 January 2011 from the Assistant Director Housing (Operations) to one of the appellants;

(vi)       extracts from the Council’s Housing Allocations Scheme showing the bandings and the sizes of properties to be allocated.

Presentation of the Appellants’ Case

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

(a)        the Allocations Scheme was unfair as one of the appellants had been awarded medical preference two years ago but the appellants were still in the same Band;

(b)        the banding system was impossible to work with and feedback was not correctly displayed to the public so that there was no way of knowing where a property had been allocated;

(c)        three people living in a one bedroom flat was unacceptable;

(d)        letters from the appellants’ General Practitioner and one from a consultant were not before the Panel; the latter had not been on the appellants’ file when they had inspected it;

(e)        they did not want  ...  view the full minutes text for item 39.

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 one of her local ward councillors, Councillor Jennie Hart.  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 Revenue Panel dated 1 September 2011;

(ii)        copy of letter dated 17 February 2011 from the appellant’s General Practitioner to the Housing Department;

(iii)       a copy of a prescription for the appellant dated 13 September 2011;

(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 21 January 2010 from the Assistant Housing Options officer to the appellant;

(ii)        copy of letter dated 21 April 2010 from the Assistant Housing Options officer to the appellant;

(iii)       copy of letter dated 23 June 2011 from the Housing Options Manager to the Epping Citizens Advice Bureau;

(iv)       copy of letter dated 27 July 2011 from the Assistant Director of Housing (Operations) to the appellant;

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

(vi)       medical assessment by the Council’s Medical Adviser dated 19 October 2011.

Presentation of the Appellant’s Case

The Panel considered the following submissions made by Councillor Hart in support of the appellant’s case:

(a)        the appellant had resided at her current privately rented property since September 2008 having lost her family home when she had been made redundant from her job;

(b)        the appellant had submitted a housing application to the Council in January 2010 on behalf of herself and her adult son; she had been placed in Band 6 of the Council’s Housing Allocations Scheme as she had no housing need at that time;

(c)        the appellant had subsequently submitted self assessment medical forms in February 2010 and April 2010 relating to her asthma and depression and following assessment by the Council’s Medical Adviser the appellant had been promoted to Band 4;

(d)        although further medical evidence regarding the appellant’s depression had been submitted to the Council in May 2010 by Loughton Community Health, the appellant had not been awarded any additional preference by the Council’s Medical Adviser;

(e)        in March 2010 the appellant had submitted a further self assessment medical form  ...  view the full minutes text for item 40.

To invite the public and press back into the meeting for the remaining item of business.

            RESOLVED:

            That the public and press be invited back into the meeting for the remaining item of business.

In the light of consideration of recent appeals concerning Housing Register banding levels, to discuss recommending to the Constitution and Members’ Services Scrutiny Panel that such appeals should no longer come within the terms of reference of the Housing Appeals and Review Panel and should be determined by Housing officers.

In the light of consideration of recent appeals concerning Housing Register banding levels, the Panel discussed recommending to the Constitution and Members’ Services Scrutiny Panel that such appeals should no longer come within the Terms of Reference of the Housing Appeals and Review Panel and should be determined by Housing Officers.

The Panel noted that in such cases its role was restricted to determining whether an appellant had been placed in the correct band of the Allocations Scheme by officers having regard to the facts.  The majority of those appeals concerned priority given for medical conditions and as the Scheme specified that medical priority was determined by the Council’s Medical Adviser, the Panel had little discretion in relation to such matters.

The five members present were unanimous that banding reviews should not be dealt with by the Housing Appeals and Review Panel but felt that before referring the matter to the Constitution and Members’ Services Scrutiny Panel the views of the other members and substitutes of the Panel not present at this meeting should be sought.

            RESOLVED:

            That the Assistant Director (Democratic Services) establish the views of all members and substitutes of the Panel and submit a report to the Constitution and Members’ Services Scrutiny Panel having regard to those views.