Agenda and minutes

To agree the minutes of the meetings of the Panel held on 3 June 2013 (attached).

            RESOLVED:

            That the minutes of the meeting of the Panel held on 3 June 2013 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 Shiell was substituting for Councillor Lea.

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 Number                                                              Paragraph Number

            6                                  Appeal No 2/2013                                   1

            7                                  Application No 3/2013                            1

To consider the attached restricted report.

Introduction

The Panel considered an appeal against a decision made by officers under delegated authority to refuse to undertake a disabled adaptation to the appellant’s property.

The appellant’s son, who had power of attorney with regard to the appellant’s health and welfare, attended the meeting to present his mother’s case supported by his wife.  Mr H Thorpe, Housing Assets Manager, 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 appeal.

The Chairman introduced the members of the Panel and officers present to the appellant’s son and his wife.

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)        a summary of the case including background information, and information concerning the Council’s disabled adaptation policy, the Council’s housing waiting list, and the Council’s disabled adaptation budget;

(b)        the case of the Housing Assets Manager;

(c)        copies of documents submitted by the Housing Assets Manager, namely:

(i)         a copy of a letter dated 26 April 2013 from the Council’s Housing Officer (Tenant Liaison) to the appellant;

(ii)        an extract from the minutes of the Council’s Housing Committee meeting held on 17 November 1998 regarding the disabled adaptation policy;

(iii)       a copy of a letter dated 29 April 2013 from the appellant’s son to the Housing Assets Manager;

(iv)       a copy of a letter dated 2 May 2013 from Mrs Eleanor Laing MP to the Housing Assets Manager;

(v)        a copy of a letter dated 10 May 2013 from the Housing Assets Manager to the appellant’s son;

(vi)       a copy of a letter dated 19 June 2013 from Mrs Eleanor Laing MP to the Director of Housing;

(vii)      a copy of a letter dated 1 July 2013 from the Director of Housing to Mrs Eleanor Laing MP;

(d)        copies of documents submitted on behalf of the appellant, namely:

(i)         her application to the Housing Appeals and Review Panel dated 12 June 2013;

(ii)        a copy of a letter dated 26 April 2013 from the Housing Officer (Tenant Liaison) to the appellant;

(iii)       a copy of a letter dated 29 April 2013 from the appellant’s son to the Housing Assets Manager;

(iv)       a copy of a letter dated 10 May 2013 from the Housing Assets Manager to the appellant’s son.

Presentation of the Case of the Housing Assets Manager:

(a)        the appellant had moved into her property, a three bedroom house, on 4 April 1983 and, after bringing up a family in the property, remained as the sole occupier;

(b)        on 23 April 2013, the Council’s Housing Assets Section had received a request from an Essex County Council Social Care Occupational Therapist recommending the removal of the bath and the installation of a wet room disabled adaptation; the  ...  view the full minutes text for item 10.

To consider the attached restricted report.

The Panel considered an application for a review of a decision made by officers under delegated authority that the applicant was intentionally homeless.

Ms A Emery, the applicant’s floating support worker from Family Mosaic, attended the meeting to present the applicant’s case.  She advised that she had been unable to persuade the applicant to attend.  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 relevant to the application.

The Chairman introduced the members of the Panel and officers present to Ms Emery.

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)        a summary of the case including the facts of the case;

(b)        the case of the Assistant Housing Options Manager (Homelessness);

(c)        copies of documents submitted by the Assistant Housing Options Manager (Homelessness), namely:

(i)         medical advice to the Council dated 12 December 2012;

(ii)        a summary of the applicant’s address history;

(iii)       a rent statement between April 2008 and August 2009 from the landlord of the applicant’s Housing Association property;

(iv)       a typed copy of notes of an interview of the applicant by a Housing Officer dated 19 April 2013;

(v)        a copy of a letter dated 21 May 2013 from the Assistant Housing Options Manager (Homelessness) to the applicant;

(d)        copies of documents submitted by the applicant, namely, his application to the Housing Appeals and Review Panel dated 13 June 2013.

Presentation of the Case of the Assistant Housing Options Manager (Homelessness)

The Panel considered the following submissions in support of the case of the Assistant Housing Options Manager (Homelessness):

(a)        the applicant was British and 51 years of age; he had applied as homeless to this Council when he had been unable to continue living in a tent in the area of Waltham Abbey and Waltham Cross;

(b)        the applicant had received an Antisocial Behaviour Order which prevented him from entering the Borough of Broxbourne;

(c)        the applicant had a mobility problem, was visually impaired, had mental ill health and a history of excessive alcohol use;

(d)        the applicant had been the sole assured tenant of a Housing Association property in Waltham Cross between 29 April 1996 and 16 August 2009; the landlord of the property had been B3 Living Housing Association (the Broxbourne Borough Council stock transfer housing association);

(e)        officers had determined that the applicant was eligible for assistance because he was British and homeless because he had no accommodation available to him; it was also decided that the applicant was in priority need as he was vulnerable due to his mental health problems;

(f)         the officers had determined that the applicant’s last settled address had been the Housing Association property which he had  ...  view the full minutes text for item 11.