Agenda and minutes

To agree the minutes of the meeting of the Panel held on 12 May 2014 (attached).

RESOLVED:

That the minutes of the meeting of the Panel held on 12 May 2014 be taken as read and signed by the Chairman as a correct record.

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

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):

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. 5/2014                  1

To consider the attached restricted report and appendices.

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 supported by her partner.

Mr J Hunt, Assistant Housing Options Manager (Homelessness) attended the meeting to present his case. Mr A Hall, Director of Communities 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)            Notice requiring possession (S21), dated 2 January 2014;

(ii)           Tenancy agreement dated 8 November 2010;

(iii)          Letter to EFDC from the applicants landlord dated 29 April 2014;

(iv)          Letter to EFDC from the landlord’s agents dated 6 May 2014;

(v)           The tenant rent statement from November 2010 to February 2014;

(vi)          Typed copy of notes dated 11 February 2014, 8 April 2014 and 20 May 2014 of  interviews of the applicant by a Housing Officer;

(vii)         An affordability assessment for the month preceding the service of the notice;

(viii)        A schedule of the Housing Benefit paid from November 2010 to February 2014;

(ix)          Letter dated 7 July 2014 from the Assistant Housing Options Manager (Homelessness) to the applicant; and

(x)           Copy of correspondence from the Private Sector Housing Team (Environmental Health) dated 13 August 2014, 3 October 2013 and 14 August 2014.

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

(i)            Her completed application form to the Housing Appeals and Review Panel dated 25 July 2014;

(ii)           A letter on behalf of the applicant from the Citizen Advice Bureau dated 23 July 2014;

(iii)          A CAB client consent form dated 21 July 2014;

(iv)          A letter from the Landlord to the applicant dated 30 November 2013;

(v)           Notice requiring possession (S21), dated 2 January 2014;

(vi)          Acceptance of Bond Scheme from Newham Borough Council by the applicant dated 10 November 2010;

(vii)         Letter to Landlord’s agents by EFDC on repair issues to the rented property dated 12 December 2012;

(viii)        Letter to the applicant from EFDC’s Environmental Health Officer dated 3 October 2013; and

(ix)          Letter to Landlord’s agent from EFDC’s Environmental Health Officer dated 3 October 2013.

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

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

(b)          The applicant was British and 36 years of age; she had approached the Council as homeless when she was served  ...  view the full minutes text for item 5.