Agenda and minutes

To agree the minutes of the meetings of the Panel held on 10 February 2014 (attached).

RESOLVED:

That the minutes of the meeting of the Panel held on 10 February 2014 be taken as read and signed by the Chairman as a correct record.

The Panel was advised that Councillor Shiell was substituting for Councillor Lea and that Councillor Smith was substituting for Councillor Avey.

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 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                                  Application Number 2/2014                 1

7                                  Application Number 3/2014                 1

8                                  Progress Report on previous

                                    Appeals/Applications                           1

To consider the attached restricted report.

Introduction

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

The applicant attended the meeting to present his case.  Mr J Hunt, Assistant Housing Options Manager (Homelessness), attended the meeting to present his case.  Mr R Wilson, Assistant Director (Housing Operations), 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 the officers present to the applicant and sought the consent of the applicant and the Assistant Housing Options Manager (Homelessness) to Ms S Smith (Council Homeless Hostel Manager) attending the meeting for this application as an observer.  Both parties agreed to Ms Smith being present.

The Chairman explained the procedure to be adopted for the meeting in order to ensure that proper consideration was given to the review of 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)         a typed copy of notes dated 12 August 2013 of an interview of the applicant by a Housing Officer;

(ii)        reports of the Council’s Medical Advisor dated 20 August 2013 and 18 October 2013;

(iii)       an email dated 6 February 2014 from the Council’s Community Safety Officer to the Assistant Housing Options Manager (Homelessness), and a Police report regarding the arrest of the applicant;

(iv)       letter dated 15 January 2014 from the Assistant Housing Options Manger (Homelessness) to the applicant;

(v)        report of the Council’s Medical Advisor dated 2 December 2013 regarding the applicant;

(vi)       extracts from Shelter “Advice on Housing Law”;

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

(i)         his completed application form to the Housing Appeals and Review Panel dated 14 February 2014;

(ii)        letter dated 4 February 2014 from the Epping Forest District Citizens’ Advice Bureau to the Assistant Director of Housing and the enclosures sent therewith – form of authority from the applicant; letter dated 28 January 2014 from North Essex Partnership NHS Regent Road Centre to the applicant; letter dated 9 October 2013 from North Essex Partnership NHS Regent Road Centre to the Council’s Homeless Prevention Officer; letter dated 23 January 2014 from the applicant’s wife to “Whom it may concern”; letter dated 2 October 2013 from the Princess Alexandra Hospital to the Council’s Housing Options Manager; undated letter from the Maynard Court Surgery to the Council; letter dated 21 November 2013 from Taylor Haldane Barlex, Solicitors to the applicant; letter dated 25 January 2014 from a resident of Cheshunt providing a character reference for the applicant;

(iii)       letter dated 6 March 2014 from Edwards Duthie, Solicitors to the Council;

(iv)       letter dated 3 April 2014 from Edwards Duthie, Solicitors to the  ...  view the full minutes text for item 28.

To consider the attached restricted report.

Introduction

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

The applicant attended the meeting to present his case supported by Ms R Calderwood of Family Mosaic.  Mr J Hunt, Assistant Housing Options Manager (Homelessness) attended the meeting to present his case.  Mr R Wilson, Assistant Director (Housing Operations), attended the meeting to advise the Panel as required on relevant legislation and on national and local housing policies relevant 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 review of 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)         a typed copy of notes dated 8 October 2013 of an interview of the applicant by a Housing Officer;

(ii)        an email sent on 17 December 2013 by the Council’s Community Safety Officer to the Assistant Housing Options Manager (Homelessness);

(iii)       a Police report of an incident between the applicant and his wife on 27 September 2013;

(iv)       a copy of an email sent on 13 March 2013 from Essex Police to the Council’s Community Safety Officer;

(v)        a copy of an Essex Probation Court Process form regarding an incident between the applicant and his wife;

(vi)       Court papers regarding the incident between the applicant and his wife on 27 September 2013;

(vii)      letter dated 24 January 2014 from the Assistant Housing Options Manager (Homelessness) to the applicant;

(viii)      copies of documents submitted by the applicant, namely:

(i)         his completed application form to the Housing Appeals and Review Panel dated 3 March 2014;

(ii)        letter dated 27 February 2014 from Family Mosaic to “Whom it may Concern”.

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 Irish and 69 years of age; he had approached the Council as homeless after he had been bailed not to return to Waltham Abbey or to contact his wife who lived in the town;

(b)        the applicant had resided with his wife in Waltham Abbey from 1996 until his arrest on 28 September 2013 for assaulting his wife;

(c)        the applicant had been eligible for assistance because he had an Irish passport, homeless because he had no accommodation available to him and in priority need because of his age;

(d)        on 27 February 2014, the applicant had been convicted of assault occasioning actual bodily harm; the Police report of the incident showed that the applicant had hit and kicked his wife causing injuries;  ...  view the full minutes text for item 29.

To consider the attached restricted report.

The Panel considered a progress report on recent appeals/applications where the case was still active within the Communities Directorate. 

            RESOLVED:

            That the following cases be deleted from the schedule:

            4/13, 2/13 and 1/13.