Agenda and minutes

To agree the minutes of the meetings of the Panel held on 1 September 2014 (attached).

RESOLVED:

That the minutes of the meeting of the Panel held on 1 September 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 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):

  7                                            Progress Report on previous                     1                         

                                                Housing Appeals

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/7//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.

Mr J Hunt, Assistant Housing Options Manager (Homelessness) attended the meeting to present his case. He was accompanied by Ms Sarah Smith, Hostel Manager. 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)            Copy of the licence agreements signed by the applicant;

(ii)           Warning letter issued on 7 April 2014 to the applicant;

(iii)          Warning letter issued on 25 April 2014 to the applicant;

(iv)          Warning letter issued on 28 April 2014 to the applicant;

(v)           Warning letter served on 7 May 2014 to the applicant;

(vi)          Another warning letter issued on 7 May 2014 to the applicant;

(vii)         A further letter dated 18 June 2014 issued to the applicant;

(viii)        A letter asking the applicant to meet officers to discuss the situation, dated 20 June 2014;

(ix)          Letter of notice to quit dated 29 July 2014;

(x)           Notes of an interview between the applicant and officers dated 7 September 2014;

(xi)          Letter dated 15 August 2014 advising the applicant that the Council’s duty to accommodate her had been discharged.

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

(i)            Her completed application form to the Housing Appeals and Review Panel dated 26 August 2014;

(ii)           Statement in support of the applicant dated 5 August 2014;

(iii)          Statement in support of the applicant dated 29 July 2014;

(iv)          Statement in support of the applicant, undated and unsigned;

(v)           Full statement by the applicant, undated;

(vi)          Statement in support, undated.

(e)          Late papers sent in by the applicants solicitor, namely:

(i)            Statement of events by resident of hostel, dated 28 July 2014;

(ii)           Statement of events by resident of hostel, dated 26 July 2014;

(iii)          Statement of events by resident of hostel, dated 26 July 2014;

(iv)          Statement of event by the applicant, dated 26 July 2014;

(v)           Statement of event by resident of hostel, dated 26 July 2014;

(vi)          Statement of events by resident of hostel, dated 28 July 2014;

(vii)         Statement of events by resident of hostel, dated 26 July 2014.

(f)            Papers from the applicant’s solicitor tabled on the day of the meeting, namely:

(i)            Submission on behalf of the applicant by her solicitor dated  ...  view the full minutes text for item 14.

To consider the attached restricted report.

RESOLVED:

The Panel considered and noted the progress report on recent appeals/applications.