Agenda and minutes

(Assistant to the Chief Executive) To report the attendance of any substitute members for the meeting.

It was noted that Councillor L Leonard 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                       Subject                                   Exempt Information

            Item No                                                                       Paragraph Number

            5                                  Application No 4/2012             1

            6                                  Application No 3/2012             1         

To consider a 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 being evicted from her last settled accommodation due to 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 Mr D Barrett, Area Housing Manager (South).  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.

At the request of the Chairman, the Vice-Chairman introduced the members of the Panel and officers present 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)         her application to the Housing Appeals and Reviews Panel dated 14 August 2012;

(ii)        a copy of a letter dated 10 August 2012 from Essex County Council’s Schools, Children and Families Directorate addressed to “To Whom It May Concern”;

(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)         applicant’s rent transaction history from 21 April 2005 until 29 June 2012;

(ii)        copy of letter dated 10 June 2010 from a Housing Officer (Management) to the applicant;

(iii)       copy of letter dated 5 August 2010 from a Housing Officer (Management) to the applicant;

(iv)       copy of letter dated 3 September 2010 from a Housing Officer (Management) to the applicant;

(v)        copy of a memorandum dated 24 September 2010 from the Directorate of Corporate Support Services to the Director of Housing;

(vi)       a typed copy of notes of an interview of the applicant by a Housing Officer dated 4 July 2012;

(vii)      a schedule showing the addresses at which the applicant had lived since 1993 (tabled).

Presentation of the Applicant’s Case

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

(a)        although the applicant’s tenancy agreement for the Epping Forest District Council property she had occupied between 2005 and 2010 had been in her sole name, her partner had lived with her at the property from October 2005; after an initial period when they had a good relationship, the applicant’s partner had started to control the applicant mentally;

(b)        the applicant had received Child Tax Credit and Child Benefit into her bank account together with her partner’s wages; one of the ways the applicant’s partner had controlled the applicant had been by keeping her bank card and giving her a weekly allowance of £100 to pay for food shopping, and the gas and electricity supplies on the understanding that he would pay the rent and the TV licence fee; the applicant’s partner had stated that he required more money for the bills he was paying although the applicant became  ...  view the full minutes text for item 20.

To consider the restricted report circulated with the agenda for the meeting held on 6 September 2012.

Introduction

The Chairman having recovered returned to the meeting for the consideration of this review but did not feel able to chair the meeting.  The Vice-Chairman remained as Chairman of the meeting for this review.

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 her receiving notice requiring her to leave a privately rented property due to her failure to keep the property and its items in a good and clean condition and not to cause any damage to the property/items.  The applicant attended the meeting to present her case accompanied by a friend who was a solicitor and Councillor D Stallan, one of her ward councillors. 

Councillor Stallan thanked the Panel for deferring consideration of this review at its meeting on 6 September 2012 when he had been unable to attend as a result of being unavoidably delayed at work.  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 Vice-Chairman introduced the members of the Panel and officers present to the applicant.  The applicant requested that the order of presentation at the meeting be changed with the Housing Officer presenting his case first followed by the presentation of her case.  The Panel agreed to this request. 

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 26 July 2012;

(ii)        copy of letter dated 13 July 2012 from the Epping Forest District Citizen’s Advice Bureau to the Director of Housing;

(iii)       letter dated 2 July 2012 from the University College London Hospitals to the applicant’s general practitioner;

(iv)       letter dated 17 July 2012 from solicitors acting on behalf of the applicant to a Housing Officer;

(v)        letter dated 4 September 2012 from University College London Hospitals to the applicant; and

(vi)       12 photographs taken by the applicant of the privately rented property which she had occupied;

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

            (ii)        copy of a notice dated 5 January 2012 requiring the applicant to leave the privately rented property;

            (iii)       letter dated 26 May 2012 from the applicant’s former landlord addressed to “To Whom It May Concern”;

            (iv)       a typed copy of notes of an interview of the applicant by a Housing Officer dated 7 June 2012;

            (v)        copy of letter dated 26 June 2012 from the Assistant Housing Options Manager (Homelessness) to the applicant;

            (vi)       copy of Homeless Case Notes  ...  view the full minutes text for item 21.