BOROUGH OF POOLE
6TH APRIL 2005
REPORT TO THE HOUSING CONSULTATIVE PANEL
REPORT FROM HEAD OF LEGAL & DEMOCRATIC SERVICES
HOUSING CONSULTATIVE PANEL – REVISED CONSTITUTION
1.Purpose of Report
1.1To invite members of the Housing Consultative Panel (HCP) to agree its revised Constitution (as attached at Appendix A).
2.Recommendation
2.1That the Housing Consultative Panel Constitution, as revised, be agreed.
3.Report
3.1A working group of the HCP met during 2004 to discuss a number of revisions to the HCP Constitution.
3.2The revisions, in the main, comprised:
- updating of text to bring the Constitution in line with how it now operates with the Poole Housing Partnership, as opposed to the Housing Management Services of the Council
- clarification as to representation from the Poole Housing Partnership Board
- a specification that the HCP Chair and Vice-Chair be elected on an annual basis at the 1st HCP meeting after May (as opposed to January)
- updating of the contents of the Code of Conduct, Complaints Procedure, Complaints Panel and the Schedule for Attendance Allowance
TIM MARTIN
HEAD OF LEGAL & DEMOCRATIC SERVICES
6TH APRIL 2005
Contact Officer:
Karen Linaker, Principal Democratic Support Officer, 01202 633018
BOROUGH OF POOLE
POOLE HOUSING CONSULTATIVE PANEL
(DRAFT) CONSTITUTION
November 2004
- NAME
The group shall be known as the Poole Housing Consultative Panel, herewith referred to as “the Panel”.
2.AIMS AND OBJECTIVES
The main Aims and Objectives of the Panel are:
2.1To represent Council and Poole Housing Partnership Tenants and Leaseholders on all matters relating to housing services, policies and practices, either within the Borough as a whole or any part of it.
2.2To consider matters affecting housing services, to Tenants and Leaseholders, and Tenant’s rights and to respond to Council, Government or other consultations and proposals.
2.3To participate in training and education programmes and to promote greater understanding of housing and related matters.
2.4To participate in the monitoring and improvement of the management and maintenance services provided by Poole Housing Partnership and its contractors.
2.5To ensure, as far as possible, that the views of the Housing Consultative Panel represent the views of the Council Tenants and Leaseholders of the Borough of Poole.
2.6To hold regular meetings to discuss issues and decide the views of the Panel.
3.MEMBERSHIP
3.1The Panel is made up of fifteen tenant and leaseholder representatives. This comprises:
a)five representatives elected from the Leaseholder Customer Service Panel
b)Five representatives elected by tenants from the east of the Borough
c)Five representatives elected by tenants from the west if the Borough
3.2Each Representative will be voted onto the Panel each year by their Tenant/Leaseholder Panel. Panel could co-opt Panel members at any time if they wish to use their area of expertise or special interest.
3.3If representatives cease to reside in the Borough of Poole or are no longer Council Tenants or Leaseholders, they shall cease membership of the Panel, and be replaced by another appropriate panel member, elected by the Tenants/Leaseholder Panel.
3.4The Borough of Poole will elect three Members to serve on the Panel. These Members will be non-voting, but will take part in any debate, and act in an advisory capacity. Substitutes will be allowed.
3.5The Poole Housing Partnership will elect three members of the Board to serve on the Panel. These members will be non-voting, but will take part in any debate and act in an advisory capacity. Substitutes will be allowed.
3.6Democratic Services, Borough of Poole will provide Administration Support to the Panel.
3.7The Chairman and the Vice-Chairman of the Panel shall be elected on an annual basis. Elections will take place at the first Panel meeting after May each year. Nominees for election of Chairman and Vice-Chairman must come from the Panel. Both the Chairman and Vice-Chairman shall be elected by the voting members of the Panel present at the meeting. The voting for a new Chairman and Vice Chairman shall be done by ballot. Should the Chairman’s post become vacant during the course of the year, the Vice Chairman will continue until the next election. Nominees for post of Chairman must be a tenant representative. Only when no tenant representatives are nominated may a leaseholder representative stand for this position.
3.8In the absence of both the Chairman and the Vice Chairman, the meeting will elect a Chairman for that meeting from the voting members present.
3.9Any Panel member who misses three consecutive meetings, without satisfactory explanation will, unless otherwise agreed by voting members, be treated as having resigned, and will be replaced by a new representative, elected by the Tenants or Leaseholder Panel.
3.10Members of the public will not be permitted to speak, unless invited by the Panel or Chairman to speak for a particular purpose.
4.ROLES AND RESPONSIBILITIES
4.1The Panel may make recommendations on housing and housing management issues, as well as tenant/leaseholder issues, housing services, policies and practices to Poole Housing Partnership, the Council, the Cabinet and Overview/Advisory, the Chief Executive of Poole Housing Partnership and Housing and Community Services.
4.2The Panel will monitor on an annual basis the implementation of the Tenant and Leaseholder Partnership Agreement.
4.3All members will aim to work in partnership with Poole Housing Partnership and the Council.
4.4There will be an annual review of the partnership arrangements.
4.5The Chair would not normally vote unless a casting vote is required.
5.CONDUCT
5.1All members will be expected to sign and abide by the ‘Code of Conduct’, as attached as Appendix 1. See also Appendix 2: Complaints Procedure and Appendix 3: Appeals Panel.
6.THE PROCESS OF DELEGATION
6.1The Council’s Cabinet has proposed that the governance of tenant affairs should move closer to tenants. Therefore, the Chief Executive of the Poole Housing Partnership and the Head of Housing and Community Services have sought to move decisions relating to the management of the housing stock and related issues closer to tenants and leaseholders, and will make decisions on the following subjects only after a full and meaningful consultation with the Panel:
Lead responsibility with the Chief Executive of Poole Housing Partnership
- Housing Management Service
- Repairs and Maintenance Service
- Investment Planning
- The Tenant Participation Budget and Service
- Contract Monitoring
- HRA Budget, including rent and service charges
Lead responsibility with Head of Housing and Community Services
- Housing Allocations Policy
- Transfer of housing stock
- Mutual Exchange
- Homelessness
Shared responsibility:
- Policies and Procedures
- Responses to Government Consultation
- HRA land and other asset disposal
- Development of the Business Plan and Housing Strategy
- Best Value Reviews
- Annual Service Plans
- Any other appropriate matters relating to Housing
6.2The Panel has the right to appoint/be represented on any Working Party set by the Council or Poole Housing Partnership to discuss housing related matters.
7.QUORUM
7.1No meeting of the Panel will be held (or continue) without at lease five voting members present, of which at least three must be tenants.
8.MINUTES OF PREVIOUS MEETINGS
8.1Minutes of the meeting shall be kept by Democratic Services and signed by the Chairman at the next meeting as a true record.
8.2No discussion shall take place upon these minutes, except at ‘Matters Arising’.
8.3Agendas, minutes and reports of the meeting will be forwarded to representatives seven days prior to the Panel meeting.
9.VOTING
9.1The mode of voting at meetings shall be a clear show of hands by voting members only. The vote will be counted by the Chairman/Vice-Chairman and recorded by Democratic Services.
9.2The Chair of the Panel or the acting Chairman will have, in the case of equality of votes, a casting vote.
10.DURATION/DETAIL OF MEETINGS
10.1The meeting of the Panel will normally take place on a Wednesday evening. The dates for the year’s meeting will be agreed and scheduled as early as possible each municipal year.
10.2The Agenda Setting Group shall decide the frequency of meetings in agreement with Poole Housing Partnership. The Agenda Setting Group will be supported by Democratic Services.
10.3No meeting shall proceed for longer that two hours without a five minute break.
10.4The Chairman may evoke a ten minute guillotine on discussion of any item at the meeting. If no agreement is reached, the item can be deferred to the next meeting.
10.5Meetings will normally be held at the Civic Centre, Poole.
10.6The Chairman / Vice-Chairman shall co-ordinate and facilitate meetings. The Chairman will ensure that meetings are run in a fair and democratic way so that everyone in attendance gets their chance to speak and is kept informed. All members of Panel should take care not to criticise named members of staff, colleagues or members of the Council in the meetings and act in accordance with the Code of Conduct. The ruling of the Chairman shall be final.
11.STEERING COMMITTEE/AGENDAS
11.1The Agenda Setting Group is made up of the Chairman, Vice-Chairman and one elected representative from each of the three panels and shall meet three weeks prior to each Panel meeting. Poole Housing Partnership Officers and Democratic Services will support this meeting.
11.2Any member of the Panel may request an item on the Agenda, by giving four weeks notice in writing to Democratic Services.
12.FINANCES
12.1Tenant and leaseholder representatives are entitled to claim reasonable out-of-pocket expenses for meetings as agreed with Poole Housing Partnership as per Attendance Allowance schedule (Appendix 4).
Child minding costs/care allowance costs
Travel costs
Parking costs
12.2Panel members will also receive an allowance per attended meeting upon receipt of a claim form.
13.AMENDMENT OF CONSTITUTION
13.1This Constitution may be amended if at least two thirds of voting representatives vote in favour.
13.2This Constitution will be reviewed annually.
14.EQUAL OPPORTUNITIES STATEMENT
14.1Members of the Panel will demonstrate a commitment to creating an environment that is free from harassment and discrimination.
14.2The Panel will ensure that it does not discriminate on any grounds including: disability, age, sex, sexual orientation, marital status, medical condition, race, colour, nationality or religious beliefs.
14.3The Panel will be non-political in all of its activities.
This Constitution was adopted as the Constitution of the Housing Consultative Panel on ……………………………………..
By:
SIGNED: ………………………………………………………………………………………
CHAIRMAN OF HOUSING CONSULTATIVE PANEL
SIGNED: ………………………………………………………………………………………
VICE-CHAIRMAN OF HOUSING CONSULTATIVE PANEL
SIGNED: ………………………………………………………………………………………
CHIEF EXECUTIVE OF POOLE HOUSING PARTNERSHIP LTD
SIGNED: ………………………………………………………………………………………
HEAD OF HOUSING AND COMMUNITY SERVICES
WITNESSED BY DEMOCRATIC SERVICES
SIGNED: ………………………………………………………………………………………
DATED: ……………………………………………………………………………………….
APPENDIX 1
HOUSING CONSULTATIVE PANEL
CODE OF CONDUCT REVISED NOVEMBER 2004
1.GENERAL OBLIGATIONS
A representative must:
- Promote equality by:
-not discriminating unlawfully against any person
-treating others with respect
-disclosing any personal interest in any matter which may be discussed by the Panel
- Attend, listen and participate in panels, working parties, training, consultation, estate visits and any other appropriate events
- Give apologies for non-attendance in advance, which will need to be minuted
- Step down if unable to participate (i.e. missing three scheduled consecutive Panel meetings)
- Carry out consultation with residents and bring issues from residents to Panel meetings
- Give regular feedback to residents
- Work within the framework and spirit of the Tenant Participation structure
- Work in partnership with other parties, i.e. Officers and Councillors to improve service
- Settle disputes through the complaints system (appendix 2)
- Work towards and understand goals of Tenant Participation
- Accept decisions of the majority
- Contribute to discussion and consultation
A representative must not:
- Disclose information given to him/her in confidence by anyone, or information acquired which s/he believes is of a confidential nature, without the consent of a person authorised to give it or unless he is required by law to do so
- Prevent another person from gaining access to information to which that person is entitled by law
- In his/her official capacity, or any other circumstances, conduct him/herself in a manner which could reasonably be regarded as bringing his/her office or the Panel into disrepute
- In his/her official capacity, use his/her position to secure for him/herself or any other person, an advantage or disadvantage
- Accept any gifts which could be construed as asking for favours
- Do anything which compromises the impartiality of those who work for, or on behalf of, the Council or Poole Housing Partnership.
2.SELFLESSNESS
Representatives should serve only the tenants and leaseholders’ interests.
3.HONESTY AND INTEGRITY
Representatives should not place themselves in situations where their honesty and integrity may be questioned, should not behave improperly and should on all occasions avoid the appearance of such behaviour.
4.OBJECTIVITY
Representatives should make decisions on merit, including if making or recommending appointments, awarding contracts or recommending individuals for rewards or benefits.
5.ACCOUNTABILITY
Representatives should be accountable to the tenants/leaseholders for their actions and the manner in which they carry out their responsibilities, and should co-operate fully and honestly with any scrutiny appropriate to their particular office.
6.OPENNESS
Representatives should be as open as possible about their actions and should be prepared to give reasons for those actions.
7.PERSONAL JUDGEMENT
Representatives may take account of the views of others but should reach their own conclusions on the issue before them and act in accordance with their conclusions.
8.RESPECT FOR OTHERS
Representatives should promote equality by not discriminating unlawfully against any person, and by treating people with respect, regardless of their race, age, religion, gender, sexual orientation or disability. They should respect the impartiality and integrity of employees of the Council and Poole Housing Partnership.
9.DUTY TO UPHOLD THE LAW
Representatives should uphold the law and on all occasions act in accordance with the trust that tenants and leaseholders place in them.
10.LEADERSHIP
Representatives should promote and support these principles by leadership, and by example, and should always act in a way that secures or preserves confidence.
11.COMPLAINTS
- When in dispute, set up initial meeting to find a solution
- If not successful, set up a meeting with the Chief Executive of Poole Housing Partnership
- If not successful, call meeting of Appeal Panel representatives
- There is also a complaints procedure in place, which should be followed (Appendix 2)
- If not successful, proceed with arbitration using an external mediator
12.RESIGNATION
If any representative wishes to resign, this must be done in writing to the Head of Democratic Services or the Chairman of the Panel. Any representative may resign at a meeting if they so wish.
I agree to abide by the above rules.
Signed: ……………………………………………. Date: ……………………………….
APPENDIX 2
HOUSING CONSULTATIVE PANEL
PROCEDURE FOR COMPLAINTS UNDER THE MEMBER CODE OF CONDUCT
This only relates to voting members of the Panel, and not to Council and Poole Housing Partnership representatives who attend Panel meetings in a non-voting capacity.
1.If the complaint relates to a member of the Panel, the matter should be put to the Chairman of the Panel (or Vice-Chairman if the complaint relates to the Chairman) in writing and dealt with by the Complaints Panel (see appendix 3). The Complaints Panel’s decision is final.
APPENDIX 3
THE COMPLAINTS PANEL
The Complaints Panel shall consist of:
- 2 Elected Tenant Representatives*
- 1 Leaseholder Representative
- Chief Executive of Poole Housing Partnership
- 1 Councillor**
To deal with disputes, a number of sanctions could be imposed, depending on the severity of the case:
- Removed from HCP and Tenant/Leaseholder Panel for a period
- Not permitted to attend any training courses for a period
- Not permitted to attend any seminars for a period
- Any other actions deemed appropriate by the Complaints Panel
* Tenant and Leaseholder Representatives to be elected from the appropriate Tenant / Leaseholder Panel
** Councillor to be nominated by the Leader of the Council.
APPENDIX 4
SCHEDULE FOR ATTENDANCE ALLOWANCE FOR
HOUSING CONSULTATIVE PANEL MEMBERS
An attendance allowance of £10 is paid for attendance at the following meetings:
- Housing Consultative Panel
- HCP Agenda Setting Meetings (where invitation is given)
- Training days, conferences and courses where invited as an HCP member
An allowance can also be claimed for the following meetings, but please agree with the Tenant Participation Officer beforehand:
- Any meeting arranged by the Council
- All Overview Group meetings when considering relevant Agenda Items
- Meetings with other Housing Providers
- Any other meetings
Representatives will be expected to feedback (either by bullet points on paper or by a verbal report) to Tenants Panel and to their respective Resident Associations.
Representatives can also claim for the following (in discussion with Tenants Participation Officer):
- Childcare (£6 per hour – not to be paid to family members)
- Carers allowance
- Casual travel costs at 40p per mile
- Public transport with receipt
- Taxi fares with receipt or on account
- Parking on receipt
All allowances/expenses should be paid within one month of claim.
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