Agenda and minutes

To agree the minutes of the meeting of the Panel held on 22 November 2012 (attached).

            RESOLVED:

            That the minutes of the meeting of the Panel held on 22 November 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.

Members were advised that Councillor Leonard was substituting for Councillor Jennie Hart and that Councillor Spencer was substituting for Councillor J H Whitehouse.

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                                   Exemption Information

            Item Number                                                              Paragraph Number

            6                                  Appeal No 1/2013                                   1

To consider the attached restricted report.

Introduction

The Panel considered an appeal against a decision made by officers under delegated authority that the appellant should not be granted the tenancy of his current home.

The appellant attended the meeting to present his case accompanied by his ward councillor, Councillor Mrs M McEwen, and his sister.  Mrs J Manning, Area Housing Manager (North), attended the meeting to present her 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 relevant to the appeal.

The Chairman introduced the members of the Panel and officers present to the appellant.  The Chairman sought and obtained the consent of both the appellant and the Area Housing Manager (North) to Councillor G Shiell remaining in the meeting as an observer.

The Chairman explained the procedure to be adopted for the meeting in order to ensure that proper consideration was given to the appeal.

The Panel had before them the following documents which were taken into consideration:

(a)        copies of documents submitted by the Area Housing Manager (North), namely:

(i)         a copy of a letter dated 19 September 2012 from the Assistant Area Housing Manager (North) to the appellant;

(ii)        a copy of a Housing Application Form completed by the appellant on 26 September 2012;

(iii)       a copy of an undated letter from one of the appellant's clients to the Council's Housing Portfolio Holder;

(iv)       a copy of a letter dated 4 April 2013 from the Assistant Director of Housing (Operations) to the appellant;

(b)        copies of documents submitted by the appellant, namely:

(i)         his application to the Housing Appeals and Review Panel dated 14 April 2013;

(ii)        copies of letters dated 1 May 2013, 7 May 2013, 8 May 2013, 9 May 2013, 13 May 2013, and 15 May 2013 from some of the appellant's clients;

(iii)       copy of a letter dated 13 May 2013 from the appellant's doctor.

Presentation of the Case of the Area Housing Manager (North)

The Panel considered the following submissions in support of the case of the Area Housing Manager (North):

(a)        the appellant was aged 48 years and resided in a three-bedroom semi?detached property;

(b)        the appellant's mother had succeeded to the secure tenancy of the property from her husband on 20 December 1999;  on 21 August 2012 the appellant's mother had passed away;  the appellant now resided in the property alone on a "use and occupation" basis;

(c)        under the provisions of the Housing Act 1985 only one succession to a secure tenancy was permitted;

(d)        the Council had adopted a policy in circumstances where the one succession had taken place to make a one?off discretionary offer of accommodation to any resident who would have had succession rights should they not have been exhausted; if the property were under-occupied, the Council’s Succession Policy would be applied including the requirement to move to smaller accommodation, if appropriate

(e)        on 19 September 2012 a letter had been sent to the  ...  view the full minutes text for item 5.