Agenda and minutes

In the absence of the Chairman, Councillor Lea, the Vice Chairman chaired the meeting.

To agree the minutes of the meetings of the Panel held on 3 November 2014.

RESOLVED:

That the minutes of the Panel held on 3 November 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 were 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 Members 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.                              1

                                          HS/RW/MB/1//2015                     

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 and her son attended the meeting to present their case.

Mr J Hunt, Assistant Housing Options Manager (Homelessness) attended the meeting to present his case. He was accompanied by Ms P Black, Environmental Health 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 asked everyone present to introduce themselves 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)            Copy of the Tenancy Agreement between Genesis Housing Association and the applicant;

(ii)           Copy of the Notice of eviction, dated 1 July 2014;

(iii)          Letter from Pryor Developments to EFDC Assistant Housing Options Manager, dated 2 December 2014;

(iv)          Email from Genesis Housing Association to EFDC Assistant Housing Options Manager, dated 10 September 2014;

(v)           Email from the Environmental Health Officer to the Assistant Housing Options Manager, dated 25 September 2014, with a case summary and schedule of repair work;

(vi)          Note of a formal interview between the applicant and officers, dated 11 December 2014;

(vii)         Letter to the applicant, dated 5 January 2015 advising the applicant that the Council considered she had made herself homeless intentionally under section 191 of the Homelessness Act 2002.

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

(i)            Her completed application form to the Housing Appeals and Review Panel dated 29 January 2015;

(ii)           Letter from the applicant to Housing Options asking for a review of their decision, dated 21 January 2015;

(iii)          Letter from the ECC Children and Young People with Disabilities Service to EFDC Housing Options in support  of the applicant;

(iv)          Letter from the applicant’s sons school head teacher, dated 26 January 2015;

(v)           Letter from the DWP dated 14 March 2014 on benefits being received;

(vi)          Educational support being given to the applicants eldest son dated October 2010 (revised October 2011);

(vii)         Letter from London Borough of Waltham Forest ‘statementing’ the applicant’s youngest son dated 15 August 2006;

(viii)        Photocopy of medication package for the applicant.

Presentation of the Applicant’s Case

The Panel considered the following submission made by the applicant:

(a)          The applicant noted that her younger son had been diagnosed with Autistic Spectrum Disorder and Learning Disability.

(b)          She said that 80% of the disorder in her house was due to dampness. There were deep seated problems in the property that made them very ill (because of the  ...  view the full minutes text for item 21.