Agenda and minutes

(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

5                                        Application No.                              1

                                          HS/RW/MB/6//2014                     

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 husband.

Mr J Hunt, Assistant Housing Options Manager (Homelessness) attended the meeting to present his case. He was supported by D Barrett, Area Housing Manager and J Chenery, Housing Officer. 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)          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)            Acceptance of Non-Secure Tenancy agreement, dated 1 July 2013;

(ii)           Notice of appointment (with Bailiff) dated 21 July 2014;

(iii)          Transaction History of rent paid from August 2013 to September 2014;

(iv)          List of calls and correspondence made by the Council to the applicant from August 2013 to September 2014 concerning their arrears;

(v)           Notice to Quit, dated 15 January 2014;

(vi)          Council’s Housing Management Team instructions to Legal Services to commence court action, dated 19 February 2014;

(vii)         Interview with the applicant dated 8 August 2014;

(viii)        Affordability assessment dated 8 August 2014; and

(ix)          Homelessness decision letter, dated 15 August 2014.

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

(i)            Letter from the Applicant stating her case, received on 27 August 2014.

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 31 years of age. She had been evicted from her Epping Forest District Council non-secure tenancy due to rent arrears in September 2014.

(c)          The applicant had been granted a non-secured tenancy because Norway House, the Council’s homelessness Hostel, was not considered at the time to be suitable because of the special needs of their son.

(d)          The Council’s Housing Management Team made a number of phone calls and sent letters to remind the applicant of the need to pay their rent on time and the consequences if they failed to do so.

(e)          Due to persistent rent arrears the Council issued the applicant with a Notice to Quit on 17 January 2014 and following expiry of the Notice, the Council’s Housing Management Team instructed Legal Services to commence Court action on 19 February 2014.

(f)            Possession was granted by the Courts to the Council.

(g)          The applicant was then requested to attend an  ...  view the full minutes text for item 9.