Agenda and minutes

To agree the minutes of the meeting of the Panel held on 19 January 2012 (attached).

            RESOLVED:

            That the minutes of the meeting of the Panel held on 19 January 2012 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 item of business set out below as it 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 1/2012                         1

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 received a possession order requiring her to vacate privately rented property due to rent arrears.  The applicant attended the meeting to present her case accompanied by her partner and one of her ward councillors, Councillor D Stallan.  Mr J Hunt, Assistant Housing Options Manager (Homelessness), 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, members of the Panel and officers present introduced themselves to the applicant.

The Assistant Director Democratic Services advised the Panel that since the publication of the agenda and reports for this meeting, the applicant had requested that the order of presentation at the meeting be changed with the Housing Officer presenting his case first.  In the light of this request 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 2 April 2012;

            (ii)        a letter from the Head Teacher of the applicant’s children’s school dated 28 May 2012 (tabled at the meeting);

(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)         a copy of the applicant’s assured shorthold tenancy agreement for her privately rented property;

            (ii)        County Court Order for Possession of the applicant’s privately rented property;

            (iii)       a copy of an e-mail from a London Borough of Redbridge officer sent to Epping Forest District Council on 9 February 2012;

            (iv)       a copy of an e-mail from the applicant’s former landlord sent to the Epping Forest District Council on 21 February 2012;

            (v)        a typed copy of notes of an interview of the applicant by a Housing Officer dated 12 October 2011;

            (vi)       a typed copy of notes of an interview of the applicant by a Housing Officer dated 28 February 2012;

            (vii)      a copy of a letter dated 27 March 2012 from the Assistant Housing Options Manager (Homelessness) to the applicant;

            (viii)      a copy of an e-mail from a London Borough of Redbridge officer to Epping Forest District Council dated 3 May 2012 together with a copy of an e-mail from the Assistant Housing Options Manager (Homelessness) to the London Borough Council sent on 3 April 2012;

            (ix)       schedule of Housing Benefit payments made by the London Borough of Redbridge to the applicant’s landlord and to the applicant;

            (x)        a copy of an e-mail from the Metropolitan Police to the Epping Forest District Council sent on 8 May 2012;  ...  view the full minutes text for item 5.