Agenda and minutes

To agree the minutes of the meeting of the Panel held on 2 October 2013 (attached).

RESOLVED:

            That the minutes of the meeting of the Panel held on 2 October 2013 be taken as read and signed by the Chairman as a correct record.

The Panel was advised that there were no substitute members present.

Councillors Mrs J Lea and Mrs J H Whitehouse advised that they were members of the Council’s Housing Scrutiny Panel which undertook reviews of housing policies and made recommendations on such reviews to the Housing Portfolio Holder or the Cabinet as appropriate.  The Councillors pointed out that the Scrutiny Panel had not reviewed the Disabled Adaptation Policy and the issue before the Housing Appeals and Review Panel was not to change the policy but to determine whether there were exceptional reasons for setting aside the policy.  Accordingly, both Councillors stated that they proposed to remain in the meeting and take part in the discussions and voting thereon.

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 12(a) 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                                                                     Paragraph Number

            6                                  Appeal No 1/2014                                1

To consider the attached restricted report.

Introduction

The Panel considered an appeal against a decision made by officers under delegated authority to refuse the installation of a stair lift as a disabled adaptation at the appellants’ property.

The appellants attended the meeting to present their case.  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 relevant to the appeal.

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

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

The appellants requested that the Panel’s normal order of presentation of cases be changed so that they could present their case first followed by the presentation of the Housing Assets Manager.  The Chairman agreed to this request.

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

(a)        a summary of the case including the background, details of the Council’s Disabled Adaptation Policy, details of the Council’s Housing Waiting list, and details of 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)         copy of a letter dated 23 July 2013 from the Council’s Housing Officer (Tenant Liaison) to one of the appellants;

(ii)        an extract from the minutes of the Council’s Housing Committee meeting held on 17 November 1998 regarding the Council’s Disabled Adaptation Policy;

(iii)       a copy of a letter dated 19 July 2013 from one of the appellants to the Housing Assets Manager;

(iv)       a copy of a letter dated 12 August 2013 from the Housing Assets Manager to one of the appellants;

(d)        copies of documents submitted by the appellants, namely:

(i)         their completed application form to the Housing Appeals and Review Panel dated 2 January 2014 including a statement made by the daughter/stepdaughter of the appellants;

(ii)        a copy of a letter dated 9 July 2013 from an Essex County Council Occupational Therapist to the Council’s Housing Officer (Tenant Liaison).

Presentation of the Case of the Appellants

The Panel considered the following submissions in support of the case of the appellants:

(a)        one of the appellants had resided in the property since December 1992; the other appellant had been added to the tenancy in May 2002 when the appellants had been married;

(b)        the appellants were registered/registrable as physically impaired with Essex County Council; one of the appellants suffered with severe osteoarthritis in his back, legs and wrists; he also had type 2 diabetes and only 10% vision in one of his eyes; he had had a double knee replacement operation and an operation for spinal stenosis; he was also deaf in both ears; he was unable to prepare food or make a cup of tea; he had difficulty in walking and used a stick;

(c)  ...  view the full minutes text for item 23.