Agenda and minutes

To agree the minutes of the meetings of the Panel held on 5 August 2013 (attached).

            RESOLVED:

            That the minutes of the meeting of the Panel held on 5 August 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.

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):

  8                                            Progress Report on               1

                                                Previous Appeals/

                                                Applications

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                                  Application No 4/2013                                     1

            7                                  Application No 5/2013                                     1

            8                                  Progress Report on Previous                         1

                                                Appeals/applications                                      

To consider a restricted report (attached).

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 her case.  Mr J Hunt, Assistant Housing Options Manager (Homelessness), attended the meeting to present his case supported by Ms P Black, Environmental Health Officer from the Council’s Private Sector Housing Team.  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 the 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)         Possession Order dated 21 March 2013 in respect of the applicant’s privately rented property;

(ii)        a typed copy of notes dated 26 March 2013 of an interview of the applicant by a Housing officer;

(iii)       copies of 36 colour photographs of the applicant’s privately rented property sent to the Council by the applicant;

(iv)       the applicant’s rent statement provided by the applicant’s former landlord showing rent arrears and a completed form stating that the privately rented property would have continued to be available to the applicant had there not been rent arrears;

(v)        letters between the applicant and her former landlord dated 15 October 2012 and 30 October 2012 regarding the rent and condition of the applicant’s privately rented property;

(vi)       letter dated 13 March 2013 from a Council Environmental Health Officer to the applicant, copies of 8 colour photographs of the privately rented property taken by the Environmental Health Officer and an exchange of emails between the Environmental Health Officer and a Housing Officer;

(vii)      letter dated 20 June 2013 from the Assistant Housing Options Manager (Homelessness) to the applicant;

(viii)      extract from Shelter Legal website setting out the recommended procedure to be followed by tenants proposing to withhold rent to pay for the cost of repairs;

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

(i)         her completed application form to the Housing Appeals and Review Panel dated 24 July 2013;

(ii)        copies of the applicant’s medical records;

(iii)       copies of the applicant’s younger son’s medical records;

(iv)       letter dated 2 April 2012 from the Department of Rheumatology, Princess Alexandra Hospital;

(v)        letter dated 19 April 2013 from the Cardiology Assessment Unit, Princess Alexandra Hospital;

(vi)       letters dated 9 July 2012 and 18 January 2013 from the applicant’s General Practitioners;

(vii)      letters dated 24 January 2013 and 23 May 2013 from the applicant’s sons’ school;

(viii)      an extract from an article regarding intentionally  ...  view the full minutes text for item 16.

To consider a restricted report (attached).

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 her case, supported by her cousin.  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 the applicant and her cousin.

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 of an interview of the applicant by a Housing Officer dated 1 February 2013;

(ii)        a copy of the applicant’s tenancy agreement dated 5 February 2011 of the private rented property she had occupied;

(iii)       a copy of a notice served on the applicant requiring possession of the privately rented property;

(iv)       a form completed by the applicant’s former landlord regarding the applicant’s tenancy including problems which had arisen during the tenancy and a rent statement for the period 10 June 2011 – 4 February 2013;

(v)        letters dated 8 October 2012 and 6 December 2012 from the applicant’s former landlord to the Council’s Benefits Section requesting that Housing Benefit payments be paid direct to the landlord;

(vi)       emails dated 2 January 2013 and 4 March 2013 from one of the Council’s Environmental Health Officers to Housing Officers together with a copy of a letter dated 21 December 2012 from the applicant’s former landlords to the applicant;

(vii)      a typed copy of notes of an interview of the applicant by a Housing Officer dated 4 March 2013;

(viii)      a copy of a letter dated 5 July 2013 from the Assistant Housing Options Manager (Homelessness) to the applicant;

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

(i)         her application to the Housing Appeals and Review Panel dated 7 August 2013;

(ii)        copy of a letter dated 1 October 2013 from solicitors acting on behalf of the applicant under the Legal Help and Help At Court Scheme.

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 had applied as homeless because she had received a notice requiring possession of her privately rented property which expired on 4 February 2013;

(b)        the applicant had been eligible for assistance because she was British, homeless because she had received notice to  ...  view the full minutes text for item 17.

To consider the attached restricted report.

The Panel considered a progress report on previous appeals/applications.

            RESOLVED:

            (1)        That the Progress Report on previous appeals and applications be noted; and

            (2)        That Cases 3/13, 5/12, 7/12, 6/12, 4/12, 3/12, 2/12 and 1/12 be deleted from the Schedule.