Agenda and minutes

To agree the minutes of the meeting of the Panel held on 4 April 2014 (attached).

            RESOLVED:

            That the minutes of the meeting of the Panel held on 4 April 2014 be taken as read and signed by the Chairman as a correct record.

(Assistant Director of Governance and Performance) To report the attendance of any substitute members for the meeting.

As consideration of Application 3/2004 was commenced at the last meeting it will be necessary for the same members to be present at this meeting. Accordingly, Councillor G Shiell will substitute for Councillor K Avey and Councillor P Smith will substitute for Councillor J Lea.

The Panel was advised that as consideration of Application No.3/2014 had been commenced at the last meeting, it was necessary for the same members to be present at this meeting.  Accordingly, Councillor G Sheill 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 12A 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 No. 3/2014                  1

7                                        Application No. 4/2014                  1

To consider the attached restricted report. Although consideration of this application commenced at the last meeting it is suggested that the full cases of both parties are presented again.

Introduction

The applicant attended the meeting to present his case supported by Ms S Wellbelove 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;  and

(viii)      medical advice to the Assistant Housing Options Manager (Homelessness) from the Council’s Psychiatric Advisor;

(d)        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”;

(iii)       a report presented to the Crown Court by a consultant psychologist who had been asked to assess the applicant.

The Chairman reminded members that consideration of this application had been deferred at the last meeting in order to allow the applicant sufficient time to obtain additional documents in support of his case including the report of a consultant psychologist presented to the Crown Court.  The Chairman drew attention to the matters which had been considered at the last meeting and he asked the Assistant Housing Options Manager (Homelessness) if officers would still have found the applicant homeless intentionally had, at the time of making their decision, they had been in receipt of the report presented to the Crown Court by a consultant psychologist and the views thereon of the Council’s Psychiatric Adviser.

The Assistant Housing Options Manager (Homelessness) advised that three new facts had emerged since the matter had been determined by officers.  He drew attention to the opinions contained  ...  view the full minutes text for item 35.

The Panel was advised that consideration of the next case was not due to commence until 4.00pm.

            RESOLVED:

            That the meeting be adjourned until 4.00pm or earlier if both parties are in attendance at the Civic Offices.

The meeting resumed at 4.00pm.

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 her case.  Mr J Hunt, Assistant Housing Options Manager (Homelessness), attended the meeting to present his case supported by Ms M Dexter, representing East Thames Housing Association.  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 Mr A Hendry (Democratic Services Officer) attending the meeting for this application as an observer.  Both parties agreed to Mr Hendry 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 copy of an Assured Shorthold Tenancy Agreement between the applicant and her husband and East Choice Limited (an operational subsidiary of East Thames Housing Association);

(ii)        a copy of a Notice of Eviction of the applicant and her family from the Housing Association rented property;

(iii)       a copy of a letter from East Homes (an operational subsidiary of East Thames Housing Association) to the applicant, dated 26 June 2013;

(iv)       a questionnaire completed by East Homes in relation to the applicant’s tenancy;

(v)        the applicant’s rent statement for the period 1 January 2012 to 1 July 2013;

(vi)       a typed copy of notes dated 23 July 2013 of an interview of the applicant by a Housing Officer;

(vii)      a typed copy of notes dated 20 December 2013 of an interview of the applicant by a Housing Officer;

(viii)      an Affordability Assessment completed by the applicant;

(ix)       wage slips for the applicant and her husband;

(x)        a copy of a letter from the Assistant Housing Options Manager (Homelessness) to the applicant, dated 4 March 2014;

(xi)       an email from the Council’s Council Tax Section to the Assistant Housing Options Manager (Homelessness), sent on 25 April 2014;

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

(i)         her completed application form to the Housing Appeals and Review Panel, dated 29 March 2014.

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 46 years of age; she had approached the Council as homeless when she had been evicted from a two bedroom Housing Association flat by East  ...  view the full minutes text for item 38.

The Chairman advised that this would be the last meeting of the Panel during the current municipal year.

He pointed out that Councillor Hart was not seeking re-election later this month, and as a result, this would be the last meeting of the Panel which she would attend.  He thanked her for her contribution to meetings of the Panel.

The Chairman also advised that Mr Lunnun would be retiring shortly and that this would be the last meeting of the Panel which he would attend.  He thanked Mr Lunnun for his help and advice over the years.