Agenda and minutes

(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 at this meeting.

To declare interests in any item on the agenda.

There were no declarations of interest made by members of the Panel in pursuance of the Code of Member Conduct.

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 7/2012                                     1

            6                                  Application No 8/2012                                     1

To consider the attached restricted report.

Introduction

The Assistant Director Democratic Services advised the Panel that the previous Friday he had received a telephone call from solicitors in Swansea stating that they were acting for the applicant under the Legal Help and Help at Court Scheme.  He continued that the solicitors had requested deferment of the review as they had not received the applicant’s housing file after requesting it from the Council and could not therefore make arrangements for the applicant to have legal representation at this meeting.

The Assistant Director Democratic Services stated that he had advised the solicitors that a decision on deferment could only be made by the Panel and to enable them to consider the matter the request should be put in writing.  He added that he had provided his e-mail address for the solicitors to send their request and had emphasised the need for the request to be received before the start of this meeting.

The Assistant Director Democratic Services reported that he had subsequently been informed by the Housing Directorate that they had received a request from the solicitors for the applicant’s file but had advised the solicitors that this could not be provided without the applicant’s consent which had still not been received.

The Panel noted that when the Assistant Director Democratic Services had not received a written request from the solicitors by late morning he had contacted the applicant by telephone and had established that she would be attending this meeting.  He had also established that she wished to proceed with the review at this meeting without any legal representation/submissions.

The applicant, accompanied by her daughter’s grandmother, the Assistant Housing Options Manager (Homelessness) and the Deputy Manager of the Council’s Homeless Persons’ Hostel attended the meeting.

The Chairman asked the applicant if she wished to proceed with her application being determined by the Panel without any legal representations/submissions.  The applicant stated that she wished to proceed with the matter at this meeting without such representation/submissions.

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 was evicted from the Council’s Homeless Persons’ Hostel and that the duty on the Council to provide her with temporary accommodation had therefore been discharged.

The Chairman introduced the members of the Panel and officers present to the applicant and explained that Mr A Hall, Director of Housing, would be advising the Panel as required on relevant legislation and national and local housing policies relative 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 17 September 2012;

            (ii)        a copy of an undated letter from a friend of the applicant;

            (iii)       a copy of an undated letter from the applicant to the Council’s Assistant Housing Options Manager (Homelessness);

(b)        a summary of the case including the facts of the  ...  view the full minutes text for item 33.

To consider the attached restricted report.

The Panel was advised that following the receipt of additional information since the application for a review had been made, the officers had reconsidered this case and had decided to set aside the decision to deem the applicant intentionally homeless.  As a result there was no need for the Panel to consider this case.

The Panel noted that the next meeting would be held on 22 November 2012.

Some members stated that they would prefer meetings of the Panel to be held on a day other than a Thursday.

            RESOLVED:

            That the Assistant Director Democratic Services seek the views of members and substitutes on the Panel with a view to establishing whether there is a day other than Thursday which is more convenient for members.