Agenda and minutes

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.

The Assistant Director (Housing Operations) advised the Panel that when Applicants/Appellants attended a meeting of the Housing Appeals and Review Panel they would be told that they were allowed to only have one person in attendance for support. However, they may also bring one professional person to represent them, for example a Solicitor or a representative from an organisation such as Shelter.

RESOLVED:

That Panel Members agreed that Applicants/Appellants attending Housing Appeals and Review Panel meetings would only be allowed to bring one person for support and one professional person to represent them.

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/07/2015                                

            6                                       Application No.                               1

                                                     HS/RW/MB/08/2015

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 attended the meeting to present her case.

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 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 Assured Shorthold Tenancy Agreement between the Landlord and the Applicant;

(ii)           A Notice Requiring Possession, and Order for Possession and a Notice of Eviction;

(iii)          Notice from the Landlord advising the Council that the Applicant had been served notice due to rent arrears;

(iv)         Note of a formal interview between the Applicant and Officers dated 2 July 2015 and 22 September 2015;

(v)          Notes of Interview between Homelessness Officer and Environmental Health Officer dated 13 July 2015;

(vi)         A schedule of Housing Benefit awarded to the Applicant from 17 July 2013 until 13 August 2015 and a letter from the Landlord;

(vii)        A letter to the Applicant dated 7 October 2015 advising the Applicant that the Council considered she had made herself homeless intentionally under section 191 under the Homelessness Act 2002;

(viii)       A copy of pages 172 and 173 from the publication Homelessness and Allocations by the Legal Action Group Charitable Organisation; and

(ix)         Guidance from the Shelter Legal Website setting out the recommended procedure to be followed when requesting property repairs.

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

(i)            The Applicant’s application letter to the Housing Appeals and Review Panel dated 26 October 2015;

(ii)           A letter from Sternberg Reed Solicitors dated 28 October 2015; and

(iii)          Photographs and letters of support for the Applicant tabled at the meeting.

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 is British and 48 years of age, her household consists of her and her two daughters. She held an assured shorthold tenancy from May 2013 until July 2015.

(b)        The Landlord advised the Council in November 2014 that notice had been served on the Applicant due to “rent arrears” which totalled £7,923 at the end of the tenancy. The Homelessness Legislation required this Council to be satisfied that she had not made herself intentionally homeless.

(c)        The  ...  view the full minutes text for item 16.

To consider the attached restricted report and appendices.

Introduction

The Panel considered an application for a review of a decision made by officers for a refusal of a Priority Transfer request.

The appellant attended the meeting to present his case supported by his father.

Mr D Barrett, Area Housing Manager (South), attended the meeting to present his case. He was accompanied by Mr C Walsh, Assistant Area Housing Manager and Mr P Gardner the Community Safety Officer. 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 asked everyone present to introduce themselves to the Appellant and his father.

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 decision.

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 Area Housing Manager (South);

(c)          Copies of documents submitted by the Area Housing Manager (South), namely:

(i)            Report from the Ombudsman;

(ii)           Letter from the Area Housing Manager (South) to the appellant dated 2 October 2015 confirming that a priority transfer could not be approved;

(iii)          An email from the Assistant Director Housing (Housing Operations) to the Area Housing Manager (South) containing an email from the appellant requesting to raise their complaint to a level 2;

(iv)          Letter from the Assistant Director Housing (Housing Operations) dated 21 October 2015 to the appellant, including advice from the Council’s Medical advisor confirming the Area Housing Manager’s (South) original decision;

(v)           Statement and report from the Council’s Community Safety Officer.

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

(i)            The Appellant’s completed application form to the Housing Appeals and Review Panel dated 6 November 2015;

(ii)           Detailed appeal notes;

(iii)          Proof of repeats of medication dated 19 October 2015;

(iv)          A letter from the appellants doctor, dated 30 September 2015;

(v)           A letter from another doctor dated 4 August 2015;

(vi)          A NHS internet information  sheet on TIAs;

(vii)         Various papers tabled at the meeting including extracts from the Council’s Housing Allocation’s Scheme rules and a letter from the NHS Healthy Minds, undated and quick guide to the smokefree law.

Presentation of the case of the Area Housing Manager (South)

The Panel considered the following submission in support of the case of the Area Housing Manager (South):

(a)          The property was let under a Secure Tenancy to the appellant, his partner and young son.

(b)          From August 2014 numerous complaints were made by the appellant against his neighbour, claiming they were using cannabis and requesting he be given a Priority Transfer which was not granted. He made further complaints and stated he was not satisfied with the way in which the Council dealt with it. He subsequently took this through the Council’s full step by step Complaints Procedure. No fault was found. This was  ...  view the full minutes text for item 17.