Agenda and minutes

To agree the minutes of the meeting of the Panel held on 29 May 2012 (attached).

            RESOLVED:

            That the minutes of the meeting of the Panel held on 29 May 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 Councillor P Spencer was substituting for Councillor Mrs J H Whitehouse.

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

Item Number                                                                 Paragraph Number

6                                  Application No 2/2012                               1

7                                  Progress Report on Previous                   1

                                    Appeals/Applications

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 as a result of him ceasing to occupy a property rented from Harlow District Council due to being imprisoned.  The applicant attended the meeting to present his case accompanied by Councillor T Church, Mr J Brunton, Probation Officer – Essex Probation and Mr J Reynolds, Housing Liaison Officer – Essex Probation.  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 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 dated       28 June 2012;

(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)         advice dated 18 April 2012 from the Council’s Medical Adviser to the Council;

            (ii)        a copy of letter dated 27 April 2012 from Essex Probation to the Council’s Housing Directorate;

            (iii)       a copy of e-mail dated 9 May 2012 from Harlow District Council to Epping Forest District Council;

            (iv)       a typed copy of notes of an interview of the applicant by a Housing Officer dated 16 March 2012;

            (v)        a typed copy of notes of an interview of the applicant by a Housing Officer dated 19 June 2012;

            (vi)       a copy of a letter dated 27 June 2012 from the Assistant Housing Options Manager (Homelessness) to the applicant.

Presentation of the Applicant’s Case

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

(a)        errors had been made in the paperwork submitted by Harlow District Council and the Probation Service which should not have been made by professional officers;

(b)        at Chelmsford Crown Court, the applicant had pleaded not guilty to the offence of Grievous Bodily Harm; initially there had been a hung jury but subsequently he had been found guilty of the offence;

(c)        since the trial in May 2010 new facts had come to light; the matter was being reviewed by the applicant’s solicitor with a view to an appeal being lodged as a result of which it was hoped the conviction would be overturned; it had been established that the injuries sustained by the applicant’s victim were not conducive to the evidence given at the trial; if an appeal to the court had been heard before this Panel meeting the whole situation would be different;

(d)        the applicant had not been homeless intentionally; he had pleaded not guilty in court as he had acted in self defence;

(e)        the applicant’s  ...  view the full minutes text for item 10.

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 15/2011, 14/2011, 13/2011, 8/2011 and 3/2011 be deleted from the schedule.