Agenda and minutes

To agree the minutes of the meetings of the Panel held on 30 September 2015.

            RESOLVED:

That the minutes of the Panel held on 30 September 2015 be taken as read and signed by the Chairman as a correct record.

To declare interests in any item on the agenda.

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/06/2015                                

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 supported by her Mother.

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 Letting Agent / 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 14 April 2015, 24 June 2015 and 15 July 2015;

(v)          A schedule of Housing Benefit awarded to the Applicant from 17 June 2014 until 15 January 2015;

(vi)         An income and expenditure statement supplied to the Council from the Applicant;

(vii)        A copy of the Housing Benefit Statement paid to the Applicant from July 2014 to January 2015;

(viii)       A letter to the Applicant dated 28 October 2014 informing her of that the Discretionary Housing Benefit that was applied for had been granted;

(ix)         A letter to the Applicant dated 16 September 2015 advising the Applicant that the Council considered she had made herself homeless intentionally under section 191 under the Homelessness Act 2002;

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

(i)            The Applicant’s application letter to the Housing Appeals and Review Panel dated 11 October 2015;

(ii)           A letter from Chipping Ongar Primary School dated 12 October 2015; and

(iii)          A letter from Shelter received on the 27 November 2015.

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 was British and 40 years of age, her household consists of her and her husband and four dependent children. She held an assured shorthold tenancy from March 2013 until April 2015.

(b)        The Letting Agent advised the Council that notice had been served on the Applicant due to “rent arrears” and added that the property was “dirty”.  The rent arrears were totalled £6,279.29 at the end of the tenancy.  The Homelessness Legislation required this  ...  view the full minutes text for item 21.