Agenda and minutes

To agree the minutes of the meeting of the Panel held on 6 September 2012 (attached).

            RESOLVED:

            That the minutes of the meeting of the Panel held on 6 September 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 made by members of the Panel pursuant of the Council's Code of Conduct for Members.

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

            Number                                                                      and Paragraph Number

            5                            Application No 6/2012                   1

            7                            Application No 5/2012                   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 sold the lease of a Council shop which included a flat and garage.  The applicant attended the meeting to present her case accompanied by her husband and one of her ward councillors, Councillor Mrs A Grigg.  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 introduced the members of the Panel and officers present to the applicant. 

The Chairman sought clarification of who was the applicant in this case.  The applicant advised that although her husband had completed the application to the Housing Appeals and Review Panel she was the applicant and not her husband. 

The applicant requested that the order of presentation at the meeting be changed with the Housing Officer presenting his case first as allowed under the Panel’s Terms of Reference.  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 husband's application to the Housing Appeals and Review Panel dated 30 August 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)         copy of an e-mail sent on 17 February 2012 by the Council's Senior Legal Executive summarising the situation regarding the applicant's sale of her interest in the lease of her flat, shop and garage;

(ii)        a typed copy of notes of an interview of the applicant and her husband by a Housing Officer dated 21 March 2012;

(iii)       copy of a letter dated 24 October 2011 from the Council's Director of Finance and ICT to the applicant and her husband;

(iv)       copy of a letter dated 17 August 2011 from the Council's Solicitor to the applicant and her husband;

(v)        copies of the applicant's husband's Halifax Bank account statements;

(vi)       a copy of a partially completed Affordability Statement by the applicant;

(vii)      copies of the applicant's HSBC business bank account statements;

(viii)      copies of the applicant's husband's P60 end of year Tax Certificates;

(ix)       extracts from an accountant's report regarding the applicant's business;

(x)        copies of four letters dated 1 May 2012 from individuals stating that the applicant's husband owed them money;

(xi)       schedules showing the amounts due to the Council and the payments made to the Council by the applicant and her husband during the period July 2006 – June 2012;

(xii)      copies of e-mails exchanged by the Assistant Housing Options Manager (Homelessness) dated 6 August 2012 and a Finance Officer dated 7 August 2012;

(xiii)      copy of a letter dated 10 August 2012  ...  view the full minutes text for item 26.

To consider the attached restricted report.

The applicant attended the meeting and requested deferment of consideration of her application.  She advised that she had expected her solicitor to be in attendance and she did not feel confident about presenting her own case.

The meeting was adjourned to enable the Assistant Director Democratic Services to attempt to contact the applicant's solicitor by telephone in order to establish if she would be in attendance shortly. 

The meeting resumed.  The Assistant Director of Democratic Services advised that he had spoken to the applicant's solicitors on the telephone and had been advised that they had closed their file on the matter as the applicant had not returned documents to them.  They had also advised the applicant that in their opinion she would be better served by seeking advice face-to-face rather than through solicitors in another part of the country.

The parties returned to the meeting.  The applicant was advised that subject to her agreement to her review not being completed within the 56 day statutory period, consideration of the matter would be deferred to enable her to obtain legal advice/support.  The applicant confirmed that she agreed to waiving the 56 day statutory period. 

The applicant was advised that consideration of the matter would be deferred for a period of at least two weeks to enable her to obtain the necessary advice/support.  She was informed that she would be notified of the new date and that the matter would be decided on that date whether or not she had obtained legal advice/support.

The Assistant Housing Options Manager (Homelessness) advised that he had no objection to deferment of the review. 

            RESOLVED:

            That, taking account of the views of the applicant and the Assistant Housing Options Manager (Homelessness), consideration of the application for a review be deferred to enable the applicant to obtain legal advice/support.