Agenda and minutes

To agree the minutes of the meetings of the Panel held on 21 September, 18 October and 22 October 2012 (attached).

            RESOLVED:

That the minutes of the meetings of the Panel held on 21 September, 18 October and 22 October 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 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 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

Item No                                                                       Paragraph Number

6                      Application Number 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 received notice to leave her private rented accommodation due to rent arrears.  The applicant attended the meeting to present her case accompanied by 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 explained the procedure to be adopted for the meeting 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 4 September 2012; and

(ii)        a copy of a letter dated 31 August 2012 from the applicant’s solicitors.

(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)         an email sent to the Council on 8 August 2012 by the applicant’s former landlord including a rent statement covering the period 19 July 2009 to 19 July 2010;

(ii)        a copy of a letter dated 6 July 2009 from the applicant to the Council’s Housing Benefit Section;

(iii)       a copy of a letter received by the Council’s Housing Benefit Section on 26 October 2009 from the applicant’s former landlord;

(iv)       a schedule of Housing Benefit payments made between December 2004 and February 2010;

(v)        a typed copy of notes of an interview of the applicant by a Housing Officer dated 13 August 2012;

(vi)       a schedule of the applicant’s address history completed by the applicant covering the period 2001 – 2012;

(vii)      a copy of a letter dated 15 August 2012 from the Assistant Housing Options Manger (Homelessness) to the applicant.

Presentation of the Applicant’s Case

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

(a)        when the applicant had first approached the Council as homeless on 30 October 2010 she had been advised that the Council could not assist her and that if she was homeless her child would be taken away from her; as a result she had spent approximately 15 months with various friends and relations; during one of her stays with her mother she had approached the Council again and had been offered only  a loan for one month’s deposit to help her find a property; after staying with her aunt on 23 October 2011 until 6 January 2012 the applicant had stayed at a hotel which had cost her £300 per week; after approaching  ...  view the full minutes text for item 40.